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H 1691

An Act relative to certain offenses

194th Legislature (2025-2026) Introduced by Carole Fiola

The bill allows pretrial detention or conditional release based on dangerousness for a broad list of offenses, expanding custody decisions to more violent and DV-related cases.

Hearing scheduled for 09/09/2025 from 01:00 PM-05:00 PM in A-2
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Bill Summary · H 1691

H 1691 — An Act relative to certain offenses

Overview

H 1691, introduced February 27, 2025 by Representative Carole A. Fiola, seeks to modify Chapter 276, Section 58A, to expand the Massachusetts pretrial detention framework. The bill allows the Commonwealth to seek pretrial detention or release on conditions based on a finding of dangerousness for defendants charged with a broad set of violent offenses and related conduct. A hearing is scheduled for September 9, 2025 (1:00 PM – 5:00 PM, in room A-2; also noted as a virtual hearing option in some listings).

Primary purpose

  • To empower courts and prosecutors to address dangerousness at pretrial through detention or conditional release for defendants charged with specified offenses, particularly those involving violence, abuse, or repeated violations of protective orders.

Key provisions

  • Section 58A of Chapter 276, as currently written, would be amended by replacing subsection (1) with a new provision granting the Commonwealth authority to move for pretrial detention or release on conditions “based on dangerousness” for defendants charged with any offenses listed below.
  • The listed offenses encompass a wide range of violent crimes, domestic violence-related offenses, violations of protective or restraining orders, repeated offenses, and certain felonies where violence or threat of force is an element. The subsection also broadens to include conspiracy or solicitation to commit any of the identified offenses.

Offense categories (illustrative list)

  • Repeated violations of driving under the influence provisions and related offenses (e.g., multiple violations within 10 years).
  • Violations of drug, firearm, or violent-crime related statutes (e.g., sections identified in ch. 90, 90B, 90G, 94C).
  • Violations involving abuse, protective orders, or domestic violence (e.g., orders under chapters 208, 209A, 209C).
  • Violations involving child or family-related offenses and abuse (e.g., chapters 265, 266, 268).
  • Felonies where the offense includes use or threat of physical force against another person (and related conspiracy or solicitation offenses listed in (A)-(S)).

Note: The bill enumerates many specific chapters and sections (e.g., 24, 24G, 8B; 131N; 13, 13B, 14; 105; 272; 269; 272; 258E; 208, 209A, 209C, 266, etc.) to establish the scope of offenses that trigger the dangerousness-based pretrial-detention pathway.

Affected parties

  • Defendants charged with any offenses listed in (A)–(T).
  • Commonwealth prosecutors seeking pretrial detention or conditional release orders.
  • Courts handling pretrial detention determinations and conditions for release.
  • Potentially victims and families, who may be affected by stricter pretrial controls and protective-order enforcement.

Procedural and timing aspects

  • Legislative status: Referred to the Judiciary Committee on February 27, 2025; Senate concurrence indicated; House Docket No. 1259; related hearing scheduled.
  • Hearing schedule: September 9, 2025, 1:00 PM–5:00 PM in Room A-2 (with potential virtual option noted in some listings).
  • If enacted, the new subsection (1) would replace the current language, altering pretrial-release decision-making to incorporate a dangerousness standard for a broad set of offenses.

Potential impact

  • Expands the basis for pretrial detention or conditional-release decisions to a broader class of offenses, emphasizing danger to the community.
  • May influence pretrial outcomes (detention rates, conditions of release) and caseload management in the Judiciary.
  • Could have implications for defendants’ rights, burden of proof on dangerousness, and the interplay with protective orders and domestic-violence-related protections.

Next steps

  • Monitor the Judiciary Committee’s proceeding and any amendments.
  • Track passage actions and any related fiscal or implementation considerations if enacted.

Compiled from official sources — confirm details with the bill’s official record.

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