Amendment ID: S3072-48

Amendment 48

State Buildings

Mr. Keenan, Ms. Edwards, Ms. Rausch, Ms. Miranda and Mr. Eldridge move that the proposed new text be amended by inserting after section XX, the following section:-

SECTION XX. Chapter 233 of the General Laws is hereby amended by inserting after section 20B the following section:-

Section 20B1/4. (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Civil arrest”, an arrest that is not for the sole or primary purpose of preparing the person subject to such arrest for criminal prosecution, for an alleged violation of the criminal law of: (A) the commonwealth or another jurisdiction within the United States, for which a sentence of a term of imprisonment is authorized by law; or (B) the United States, for which a sentence of a term of imprisonment is authorized by law, and for which federal law requires an initial appearance before a federal judge, federal magistrate or other judicial officer, pursuant to the federal rules of criminal procedure that govern initial appearances.

“State buildings”, any building or structure owned, rented or leased by any authority established by the general court or owned, rented or leased in whole or in part by the commonwealth.

(b) A person shall be privileged from civil arrest in any state building.

(c) An individual aggrieved by a violation of this section may apply for a writ of habeas corpus if such person has reasonable cause to believe that a civil arrest in violation of this section has occurred. The attorney general shall be permitted to bring a suit in law or equity for civil arrests in violation of this section.

(d) Nothing in this section shall require a state or local law enforcement officer to interfere with or assist the actions of a federal official engaged in civil immigration enforcement. Nothing in this section shall confer upon any state or local law enforcement officer the authority, obligation or responsibility to enforce, interpret, supervise, assess compliance with or prevent conduct governed by this section.