H1635 — An Act relative to access to justice

Summary

An Act relative to access to justice

Bill Text

• Full text Current

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The bill enhances protections for individuals regarding the disclosure of personal information in the context of immigration enforcement and criminal justice interactions.

• Section 167A

  (j) The department shall not disclose to any federal agency or permit any federal agency to access any files, data, or other information from the Massachusetts Registry of Motor Vehicles for purposes of civil immigration enforcement, provided that information concerning a particular identified individual may be disclosed upon receipt of a probable cause warrant signed by a judge. The Attorney General is authorized to bring an action in state or federal court to quash, modify, or otherwise contest any demand for information not in accordance with the requirements of this paragraph.

  This addition prohibits the disclosure of personal information to federal agencies for immigration enforcement without a warrant.

• Section 172

  for any non-criminal justice purpose → for any non-criminal justice purpose, including civil enforcement duties.

  This change restricts access to criminal offender record information for non-criminal justice purposes, specifically including civil enforcement duties.

• Section 172

  for any non-criminal justice purpose → for any non-criminal justice purpose, including civil enforcement duties.

  This further restriction reinforces the prohibition on accessing criminal offender record information for non-criminal justice purposes.

• Section 24

  (f) federal detainees housed in their facilities to and from the several divisions or departments of the trial court, pursuant to a valid state court writ of habeas corpus.

  This addition allows for the transport of federal detainees to court under specific legal conditions.

• Chapter 147

  Section 64. (a) An interview or any questioning conducted for immigration investigation or enforcement purposes of a person in the custody of any state or local law enforcement agency, sheriff’s office, the department of correction, or Massachusetts court, shall take place only with the written informed consent of the person in custody, unless otherwise required by federal law. If the person in custody indicates that they wish to have an attorney present for an interview with a federal agent, the custodian shall allow them to contact such attorney, and the interview shall not take place until an attorney is made available for the use of the person in custody. The custodian agency shall not be responsible for the payment of the person’s attorney’s fees and expenses.

  This provision mandates informed consent for interviews related to immigration enforcement for individuals in custody.

• Chapter 147

  (b) The office of the attorney general shall prepare a uniform consent form in English and other languages commonly spoken in Massachusetts for use pursuant to subsection (a).

  This establishes a requirement for a uniform consent form to facilitate understanding and consent of individuals being interviewed about immigration enforcement.

• Chapter 147

  (c) The provisions of paragraphs (a) and (b) shall not apply to persons in federal custody who are held in a state or local facility pursuant to an intergovernmental contract.

  This limitation clarifies that the consent requirements do not apply to individuals in federal custody.

• Chapter 147

  (d) Court officers, clerks, probation department employees, other trial court administrative personnel, prosecutors, and personnel of the prosecutor’s office may provide federal agencies or agents with information relating to any person involved in matters before the court only upon request and in the same manner and to the same extent as such information is lawfully made available to the general public.

  This allows specific court personnel to provide information to federal agencies only under certain conditions.

• Section 3 of chapter 258B

  (x) for victims, family members, and witnesses, to not be asked by a law enforcement agency, the prosecutor, personnel in the prosecutor’s office, trial court personnel, or parole, probation or corrections officials about their immigration status, or the immigration status of their family members, unless such inquiry is required by federal or state law; provided that a judge or magistrate may make such inquiries as are necessary to adjudicate matters within their jurisdiction.

  This change prevents law enforcement and related officials from inquiring about the immigration status of victims and witnesses, reinforcing their protection in legal processes.

Sponsors

• Michael S. Day · Primary

Subjects