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By Mr. Natale of Woburn (by request), petition (accompanied by bill, House, No. 1610) of Fred Aborn relative to the issuance of summonses in criminal matters. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Mr. Natale of Woburn (by request), petition (accompanied by bill, House, No. 1610) of Fred Aborn relative to the issuance of summonses in criminal matters. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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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. Chapter 272 of the General Laws, is hereby amended by striking out section 24, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-
Section 24. Upon a complaint or indictment for any offense, a summons shall issue instead of a warrant, unless, in the judgment of the court or justice, there is reason to believe that the defendant will not appear upon summons.
SECTION 2. Said chapter 272 is hereby further amended by inserting after section 24 the following 5 sections:-
Section 24A. A police officer has the right to issue a summons based on his judgment of probable cause.
Section 24B. Arrest warrants can be electronically issued. The court warrant must specify the maximum amount of force to be authorized for an arrest and whether or not to allow time for an attorney to be contacted before a forceful arrest is allowed.
Section 24C. Arrests must NOT be initiated with force, such as paper spray or tasers, unless specified or allowed by warrant. A fifteen minute grace period must be given after the warrant issues to allow time for an attorney to be contacted. This right can be waived by the court due to extremely grave and urgent circumstances.
Section 24D. Warrants must be served with instructions detailing the arrest procedure, what is expected of the person being arrested and what his rights are. He should be allowed time to read the instructions or it should be read to him.
Section 24E. The arrest procedure and the rights of citizens during arrest must be communicated by the state, via the media, and taught in the public schools.