AN ACT RELATIVE TO DISCLOSURE OF INFORMATION TO THE STATE POLICE VIOLENT FUGITIVE ARREST SQUAD.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 2 of chapter 18 of the General Laws, as so appearing, is hereby amended by inserting after the word "default", in line 159 the following words:- or arrest.
SECTION 2. Said section 2 of said chapter 18, as so appearing, is hereby further amended by inserting after the word "default", in line 166 the following words:- or arrest.
SECTION 3. Said section 2 of said chapter 18, as so appearing, is hereby further amended by inserting after the word "default", in line 167, the following words:- or arrest.
SECTION 4. Paragraph (f) of the seventh paragraph of subsection (D) of said section 2 of said chapter 18, as so appearing, is hereby amended by adding the following paragraph:-
If a hearing is requested to challenge the termination of benefits due to an outstanding default or arrest warrant, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section.
SECTION 5. Chapter 22C of the General Laws is hereby amended by inserting after section 36 the following section:-
Section 36A. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the department of state police, including the state police violent fugitive arrest squad, and local police departments, shall be provided with identifying information upon request from the records or files of any agency, department, commission, division or authority of the commonwealth for the sole purpose of identifying and locating individuals wanted on default or arrest warrants; provided, that only identifying information including, but not limited to, name, date of birth, all pertinent addresses, telephone number and social security number shall be made available to the state police and local police departments. Information about any individual, except the individual against whom a default or arrest warrant was issued, may not be requested by the departments under this section.
SECTION 6. Section 36 of chapter 62C of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding the following paragraph:-
No person against whom a default or arrest warrant issued by any court of the commonwealth is outstanding may be issued a state tax refund. In lieu of the payment, the taxpayer shall receive notice informing the taxpayer that the refund is being withheld because there is a default or arrest warrant outstanding for such individual and that the refund will be withheld until the individual furnishes sufficient proof that the default or arrest warrant has been recalled or that no such warrant exists. Such refund shall be issued upon presentation of sufficient proof to the commissioner that said warrant has been recalled or that there is no such warrant outstanding for the individual. The commissioner of revenue shall promulgate regulations to implement this section, which shall include the opportunity for a hearing to challenge the existence of the outstanding warrant. If a hearing is requested, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section.
SECTION 7. Section 8 of chapter 62E of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following two sentences:- Such information may also be disclosed to the state police, including the state police violent fugitive arrest squad, and local police departments, for the sole purpose of identifying and locating individuals wanted on default or arrest warrants. Only identifying and locating information, including, but not limited to, the name, date of birth, all pertinent addresses, telephone number and social security number of such individuals shall be made available to the state police and local police departments pursuant to this section.
SECTION 8. Section 17A of chapter 66 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following two sentences:- The state police, including the state police violent fugitive arrest squad, and local police departments, shall also be provided with identifying and locating information upon request from the department's records or files for the sole purpose of identifying and locating individuals wanted on default or arrest warrants. Only identifying information including, but not limited to, the name, date of birth, all pertinent addresses, telephone number and social security number of such individuals shall be made available to the state police and local police departments pursuant to this section.
SECTION 9. Section 22 of chapter 90 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(i) The registrar shall suspend the license to operate motor vehicles of a person against whom an arrest or default warrant issued by any court in the commonwealth is outstanding. Evidence of the outstanding warrant appearing in the warrant management system shall be sufficient grounds for such action by the registrar. The person shall receive notice that his license shall be suspended in 90 days due to an outstanding warrant unless such person furnishes proof to the registrar that such warrant has been recalled or does not exist. A person whose license has been suspended due to an outstanding warrant may petition for reinstatement of such license at any time if he can furnish sufficient proof as determined by the registrar that such warrant has been recalled. The registrar shall promulgate regulations to implement this section, which shall include the opportunity for a hearing to challenge the existence of the outstanding warrant. If a hearing is requested, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section.
SECTION 10. Section 25 of chapter 151A of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(i) Any period during which the individual applying for or receiving benefits has a default or arrest warrant outstanding against him, to the extent that federal law allows such benefits not to be paid. In order to determine if an individual has an outstanding default or arrest warrant against him, the department shall transmit to the criminal history systems board a list of applicants and beneficiaries along with sufficient identifying information about such applicants and beneficiaries on at least a quarterly basis. The criminal history systems board shall send to the department a list of the applicants or beneficiaries who have a default or arrest warrant outstanding. Evidence of the outstanding default or arrest warrant appearing in the warrant management system established by section 23A of chapter 276 shall be sufficient grounds for such action by the department. The department shall notify individuals against whom there is a default or arrest warrant outstanding that their benefits shall be denied or suspended unless the individual furnishes proof within 30 days of such notice that such warrant has been recalled or that there is no such warrant outstanding for the individual. Notice of potential denial or suspension shall be deemed sufficient if the notice is mailed to the most recent address furnished to the department. If proof that such warrant has been recalled or that there is no such warrant outstanding is furnished within 30 days, and if the applicant would otherwise be entitled to benefits, such benefits shall be provided from the time that they would have been provided had there not been a denial or suspension of benefits. If no such proof is furnished within 30 days, the individual shall be notified that benefits are denied or suspended subject to the provisions of subsection (b) of section 39. If a hearing is requested, within the ten-day period provided by said subsection (b) of said section 39, no suspension of benefits shall occur until a hearing has taken place and a determination by the commissioner or his authorized representative has been made. If a hearing is requested, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section. A person whose benefits have been denied or suspended due to an outstanding warrant may petition for reinstatement of such benefits at any time if such person can furnish sufficient proof as determined by the department that such warrant has been recalled. Such benefits will be provided from the time the warrant was recalled. The department shall promulgate regulations to implement this section.
SECTION 11. Subsection (c) of section 46 of said chapter 151A, as so appearing, is hereby amended by adding the following clause:-
(6) to the state police, including the state police violent fugitive arrest squad, and local police departments, identifying and locating information, upon request for the sole purpose of identifying and locating individuals wanted on default or arrest warrants. Only identifying information including, but not limited to, name, date of birth, all pertinent addresses, telephone number and social security number shall be made available to the state police and local police departments pursuant to this section.
SECTION 12. Section 7 of chapter 152 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(3) No individual shall receive or continue to receive benefits under this chapter if such individual has an outstanding default or arrest warrant against him. In order to determine if an individual has an outstanding default or arrest warrant against him, the department shall transmit to the criminal history systems board a list of applicants and beneficiaries along with sufficient identifying information about such applicants and beneficiaries on at least a quarterly basis. The criminal history systems board shall send to the department a list of any applicants or beneficiaries who have a default or arrest warrant outstanding. Evidence of the outstanding default or arrest warrant appearing in the warrant management system established by section 23A of chapter 276 shall be sufficient grounds for such action by the department. The department shall notify the person against whom there is a default or arrest warrant outstanding that such person's benefits shall be denied or suspended unless such person furnishes proof within 30 days that such warrant has been recalled or that there is no such warrant outstanding for such person. Notice of potential denial or suspension shall be deemed sufficient if the notice is mailed to the most recent address furnished to the department. If proof that such warrant has been recalled or that there is no such warrant outstanding is furnished within 30 days, and if the applicant would otherwise be entitled to benefits, such benefits shall be provided from the time that they would have been provided had there not been a denial or suspension of benefits. If no such proof is furnished within 30 days, such person shall be notified that such benefits are denied or suspended subject to the opportunity for a hearing. After such notice to such person has been delivered or mailed by the department, such person may request a hearing within 90 days with respect to the existence of an outstanding warrant. If a hearing is requested within ten days from the time the notice that benefits are being denied or suspended is mailed or delivered, benefits shall not be suspended until a finding following the hearing. If a hearing is requested, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section. The department shall issue a finding within 45 days of conducting the hearing as to whether there is a warrant. If there is a warrant outstanding, the benefits shall not be issued or shall be suspended. A person whose benefits have been denied or suspended due to an outstanding warrant may petition for reinstatement of such benefits at any time if such person can furnish sufficient proof as determined by the department that such warrant has been recalled. Such benefits will be provided from the time the warrant was recalled. The department shall promulgate regulations to implement this section.
SECTION 13. Section 37E of chapter 266 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(e) A law enforcement officer may arrest without warrant any person he has probable cause to believe has committed the offense of identity fraud as defined in this section.
SECTION 14. Section 23A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Whenever a court is requested to issue a warrant, the requesting authority shall provide to the court the person's name, last known address, date of birth, gender, race, height, weight, hair and eye color, the offense or offenses for which the warrant is requested, a designation of the offense or offenses as felonies or misdemeanors, any known aliases and any such information as shall be required for a warrant to be accepted by the criminal justice information system maintained by the criminal history systems board. A warrant which contains the above information as provided by the individual for whom the warrant is being issued shall not be nullified if such information is later found to be inaccurate. An individual or law enforcement official seeking issuance of a warrant which does not contain all of the above required fields may apply to the clerk of the court for an exemption from this requirement. Such exemption shall be automatically granted upon the request of any law enforcement official or agency. No rights regarding the validity of a warrant may arise from such requirements not being met. Such information and the name of the police department responsible for serving the warrant shall be entered by the clerk's office into a computer system to be known as the warrant management system. All warrants appearing in the warrant management system shall be accessible through the criminal justice information system, maintained by the criminal history systems board, to law enforcement agencies and the registry of motor vehicles. The warrant shall consist of sufficient information electronically appearing in the warrant management system, and a printout of the electronic warrant from the criminal justice information system shall constitute a true copy of the warrant. Such warrants appearing electronically in the warrant management system and, in turn, in the criminal justice information system, shall constitute notice and delivery of said warrants to the police department responsible for serving the warrant. Whenever a warrant is recalled or removed, the clerk's office shall, without any unnecessary delay, enter the same in the warrant management system which entry shall be electronically transmitted to the criminal justice information system.
SECTION 15. Said section 23A of said chapter 276, as so appearing, is hereby further amended by adding the following paragraph:-
The issuing court shall provide notification, either before the issuance of a default or arrest warrant or no later than 30 days after the issuance of the warrant, to the subject of the warrant. Such notice shall contain the following information: the name and address of the issuing court, a description of the charge for which the warrant is being issued, a description of the method by which the individual may clear the warrant and a summary of the consequences the individual may face for not responding to the warrant. Such notice shall be deemed satisfactory if notice is mailed to the address stated on the warrant.
SECTION 16. Said chapter 276 is hereby further amended by inserting after section 23A the following section:-
Section 23B. (a) Any agency, department, commission, division or authority of the commonwealth that issues a professional license, certificate, permit or authorization to engage in a profession, trade, or business shall ensure that such license, certificate, permit or authorization is suspended for a person who has a default or arrest warrant outstanding against him.
(b) In order to determine if a person has an outstanding warrant against him, the licensing authorities referenced in subsection (a) shall transmit to the criminal history systems board, in an electronic format and reporting schedule approved by the executive director of the criminal history systems board, a list of persons who are registered with such licensing authorities on an annual basis. The criminal history systems board shall, subject to appropriation, remit to each licensing authority a list of persons who have received a license, certificate, permit or authorization to engage in a profession, trade, or business against whom there is an outstanding default or arrest warrant issued by any court of the commonwealth. Evidence of the outstanding default or arrest warrant appearing in the warrant management system as established by section 23A shall be sufficient grounds for such suspension.
(c) Each licensing authority shall notify persons against whom there is a default or arrest warrant outstanding that their license, certificate, permit or authorization shall be suspended unless the person furnishes proof within 30 days that such warrant has been recalled or that there is no such warrant outstanding against the person. Such notification shall be deemed sufficient if the notice is mailed to the address listed on the license, certificate, permit or authorization or application for the license, certificate, permit or authorization. If no such proof is furnished within 30 days, the person shall be notified that such license, certificate, permit or authorization is suspended subject to the opportunity for a hearing. After such notice to the person has been delivered or mailed by the licensing authority, the person may request a hearing within 90 days with respect to the existence of an outstanding warrant. If a hearing is requested within ten days from the time the notice that the license, certificate, permit or authorization is suspended is mailed or delivered, the license, certificate, permit or authorization shall not be suspended until a finding following the hearing. If a hearing is requested as provided for in this chapter, the law enforcement agency responsible for the warrant shall be notified of the time, place, date of hearing and the subject of the warrant. An affidavit from the law enforcement agency responsible for the warrant or from the colonel of the state police may be introduced as prima facie evidence of the existence of a warrant without the need for members of that law enforcement agency to attend any hearings held under this section. The licensing authority shall issue a finding within 45 days of conducting the hearing as to the existence of a warrant. If there is a warrant outstanding, the license, certificate, permit or authorization shall be suspended. Said license shall not be renewed or reinstated without sufficient proof that the warrant has been cleared.
(d) For the purposes of this section, a professional license shall mean any license, permit, certificate, registration, authority or similar form of permission necessary to engage in a trade or profession issued by an agency, department, commission, division or authority of the commonwealth.
(e) The licensing authorities referenced in this section shall promulgate regulations to implement this section. Implementation of this section shall be subject to appropriation.
SECTION 17. Section 30 of said chapter 276, as appearing in the 1998 Official Edition, is hereby amended by striking out, in line 10, the words "fifty dollars" and inserting in place thereof the following figure:- $75.
SECTION 18. Said chapter 276 is hereby further amended by striking out section 31, as so appearing, and inserting in place thereof the following section:-
Section 31. Whenever a court issues a default warrant solely due to the person's failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the court or required by law, the court shall specify the amount owed, including an additional assessment of $50 which assessment may be waived by the court upon a finding of good cause, with a statement that the warrant against the person may be discharged upon payment of the amount and the assessment, if any, and shall note the same in the warrant management system. The administrative office of the trial court shall accept payment of such fine, assessment, court cost, restitution, support payment or other amount as ordered by the court, along with any assessment, to be remitted by mail, telephone or other electronic means, in any form deemed acceptable by the trial court. Upon receipt of payment, the warrant against the person shall be discharged, the discharge shall be noted in the warrant management system and the individual shall receive notice of the discharge within seven days.
SECTION 19. Sections 6, 10 and 12 shall take effect on August 1, 2001. Section 16 shall take effect on August 1, 2002. Section 15 shall apply only to warrants issued after the effective date of this act.