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S 1738

Categorizes the assault of a code enforcement official or other individual responsible for building inspection as a class D felony

2025 Regular Session Introduced by Pat Fahy

SORB must share registry data with the State Police; for knowing violations, police seek arrest warrants and MOUs to locate noncompliant or unclassifiable offenders.

REFERRED TO CODES
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Bill Summary · S 1738

Summary — S.1738 (2025): "An Act relative to oversight of the sex offender registry board"

Status & procedural history
- Bill number: S 1738 (Senate Docket No. 110). Filed 1/7/2025; introduced in the Senate.
- Referred to committee(s): Codes (noted in record), also referenced to the committee on Public Safety and Homeland Security and to Health, Education, Labor, and Pensions in later entries. Hearing scheduled 09/10/2025 (1:00–5:00 PM, A-2).
- Note: The metadata you provided contains conflicting titles and sponsor information (a title relating to assault of code enforcement officials and different sponsors). The text supplied and docket show S.1738 concerns oversight of the Sex Offender Registry Board. Please confirm which legislative text you intend to track.

Purpose and intent
- The bill strengthens operational oversight and law-enforcement coordination between the Massachusetts Sex Offender Registry Board (SORB) and the Massachusetts State Police by (1) ensuring the board’s registration and classification data is sent to state police, (2) requiring state police to seek arrest warrants when certain registration violations occur, and (3) mandating memoranda of understanding (MOUs) with state police to locate non‑compliant or un-classifiable offenders.

Key provisions (by statutory changes)
1. Amendment to G.L. c.6, §178E(a)
- Inserts the words “state police and” after “data to the,” explicitly directing that SORB transmit data to the state police (in addition to any other recipient already specified).

  1. New subsection to G.L. c.6, §178H — subsection (c)

    • If the board determines an offender knowingly and intentionally: i. fails to register; ii. fails to verify registration information; iii. fails to provide notice of a change of address; or iv. knowingly provides false information; then the board must transmit relevant data to the state police, who shall seek an arrest warrant for the offender.

  2. Amendment to G.L. c.6, §178K

    • Requires SORB’s interagency agreements (referenced in §178K) to include a memorandum of understanding with the state police for the purpose of locating:
      • any offender who fails to complete registration requirements, or
      • any offender the board cannot classify due to an inability to meet notification standards.

Who would be affected
- Sex Offender Registry Board (SORB): new reporting duties and required MOUs with state police.
- Massachusetts State Police: responsibility to receive SORB data and to seek arrest warrants in enumerated cases; increased investigative and arrest workload likely.
- Registered sex offenders: increased enforcement of registration obligations and potential for arrest warrants based on SORB findings.
- Local law enforcement and courts: will interact with expanded state police actions and potential warrant processing.

Potential impacts and considerations
- Enforcement: Likely quicker escalation from administrative board findings to arrest warrants, improving enforcement against non‑compliant registrants.
- Resources: Could increase state police investigative and warrant‑processing workload; may require resource allocation or operational planning.
- Legal/process issues: The bill directs state police to seek arrest warrants based on SORB determinations of knowing and intentional failure — this raises procedural considerations about evidence standards, probable cause, and coordination with prosecutors.
- Privacy/oversight: Expanded data sharing between SORB and state police increases interagency data flows; applicable data‑security and oversight practices will be relevant.

Related and background
- Similar matter in prior session: Senate No. 1564 (2023–2024).
- Related/companion measures listed in your materials: HR 4902 (companion), SD 110 (replaces), A 8954 (companion).

If you want, I can:
- Draft a short memo assessing enforcement/resource implications in more detail, or
- Compare this draft to prior-session S.1564 to highlight changes.

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

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