An Act relative to ensuring the safety of the Commonwealth

194th Legislature (2025-2026) Introduced by Jason Lewis

Requires the governor, as Commander in Chief, not to order state active-duty militia or National Guard to violate the Massachusetts Constitution or state law.

Overview

Bill number: SD 889 (Senate Docket No. 889)

Title: An Act relative to ensuring the safety of the Commonwealth

Sponsor (introduced): Jason M. Lewis (Fifth Middlesex)

Introduced: November 29, 2025 (note: bill text indicates filing date 1/15/2025)

Current status: Proposed bill (status not specified in provided materials)

This bill proposes a targeted amendment to Chapter 33 of the Massachusetts General Laws to restrict actions by the Commander in Chief related to state active duty, ensuring such actions do not violate the Constitution or any Commonwealth law.

Key provisions

Amendment to Chapter 33, Section 42:
The bill would strike the existing Section 42 (as it appeared in the 2022 Official Edition) and replace it with a new provision stating:

“The commander in chief shall not order or authorize any part of the organized militia or national guard personnel on state active duty to violate the Constitution of the Commonwealth of Massachusetts or any law of the Commonwealth.”

Scope of the prohibition: The constraint applies to “any part of the organized militia or national guard personnel on state active duty,” and binds the Commander in Chief (the Governor) to avoid directing such personnel to engage in actions that would violate constitutional rights or Commonwealth laws.

Purpose: The core intent is to safeguard constitutional rights and compliance with state law by preventing unlawful orders or actions by state active duty personnel (including units of the organized militia or National Guard when activated by state authority).

Affected parties and impact

Primary affected entity: The Commonwealth’s executive authority (specifically, the Governor as Commander in Chief) and Massachusetts National Guard/organized militia personnel on state active duty.

Legal impact: Creates a statutory obligation that any orders or authorizations directing state active duty personnel must align with the Constitution and Massachusetts law, removing or prohibiting orders that would cause violations.

Procedural and timeline aspects

Process: As a proposed bill, it would typically move through committee consideration (e.g., Ways & Means, Veterans and Federal Affairs) and then to floor votes in both chambers, subject to regular legislative timelines.

Effective date: The text provided does not specify an effective date; standard practice would determine when the amendments take effect if enacted.

Amendment method: The bill explicitly codifies the change by “striking out” the previous Section 42 and inserting the new language.

Potential considerations

The bill focuses on ensuring legality and constitutional protections in decisions involving state active duty deployments.

It does not specify enforcement mechanisms, penalties, or remedies for violations beyond establishing the statutory prohibition.

Stakeholders may consider how this interacts with public safety, disaster response, and constitutional rights during emergencies.

If you’d like, I can compare this to current Section 42 language or provide a side-by-side excerpt for clarity.

Bill