Amendment #4 to H57

Ensuring Public Safety in the Commonwealth

Mr. Soter of Bellingham moves to amend the bill by adding the following sections:-

SECTION XXXX. Chapter 276 of the General Laws is hereby amended by inserting after section 20R the following section:-

Section 20S. (a) Any employee of the Commonwealth considered a court officer pursuant to Sections 69A, 70A, or 71A of Chapter 221 or any state, county or local law enforcement officer, who has lawful custody of a person may, upon receipt of a written request from United States Immigration and Customs Enforcement requesting detention of such person on the grounds that there is probable cause that such person is a removable alien, detain such person for a reasonable period of time after such person would otherwise be released from custody in order to transfer custody of such person to United States Immigration and Customs Enforcement, provided that such person be provided with a copy of such written request; and further provided that in no circumstances shall such detention exceed 36 hours.

(b) This section shall not be construed to give rise to a private right of action and shall not be construed so as to make unlawful any arrest in this commonwealth which would otherwise be lawful.

SECTION XXXX. Chapter 276 of the General Laws is hereby amended by inserting at the end the following section: -

Section 104. In determining original bail, and any subsequent bail pursuant to sections 20D, 20E, 20F, 29, 42, 42A, 56A, 57, 60, 61, 62, 63, 64 68, 70, 82, 82A, of Chapter 276 the Judicial Officer presiding over the status of the bail hearing of the individual shall consider the existence of an Immigrations and Customs Enforcement Detainer request from the United States Immigrations and Customs Enforcement Office. If a written request from United States Immigration and Customs Enforcement requesting detention of such person on the grounds that there is probable cause that such person is a removable alien and (2) an administrative warrant for arrest or warrant of deportation exists then the Judicial Officer shall have grounds to withhold or modify bail pending action on the request from Immigrations and Customs Enforcement.”

SECTION XXXX. The provisions of these sections shall go into effect on the effective date of this act.

Additional co-sponsor(s) added to Amendment #4 to H57

Ensuring Public Safety in the Commonwealth