The bill amends Title 42 of the General Laws by adding Chapter 169, which specifically addresses the conduct of bail bond agents and bail bond recovery agents. It establishes that engaging in civil immigration enforcement is considered unprofessional conduct. This includes using their authority, position, or resources to engage in civil immigration enforcement, assisting in the enforcement of civil immigration warrants or processes, and knowingly inquiring into, collecting, disclosing, or sharing information regarding a person's actual or perceived immigration or citizenship status, except where required by law or pursuant to a court order.
The bill defines "civil immigration enforcement" as any action taken for the purpose of detecting, apprehending, detaining, transferring, or assisting in the removal of an individual based solely on an alleged violation of federal civil immigration law, and not pursuant to a criminal warrant issued by a judicial officer.
Additionally, the bill clarifies that bail bond agents and recovery agents are permitted to apprehend defendants under valid criminal warrants, court orders, or contractual obligations related to bail, provided that such actions are not undertaken for the purpose of civil immigration enforcement.
Violations of this chapter will subject bail bond agents and bail bond recovery agents to discipline by the appropriate licensing or regulatory authority, which may include license suspension, revocation, denial of renewal, or the imposition of civil penalties. The act will take effect upon passage.