Bill > H1357

This bill proposes to amend existing law to allow for the pretrial detention of individuals accused of certain serious firearm offenses and violent crimes. Specifically, if a person is charged with a second or subsequent offense of illegally possessing a weapon or machine gun, and has a prior conviction for a violent crime for which they served a prison sentence, the Commonwealth can request a hearing to detain them before trial. This hearing must be held promptly, with limited continuances, and the accused has the right to legal representation and to present evidence. If the court finds by clear and convincing evidence that the criteria are met, the individual will be detained, but must be brought to trial within ninety days unless there's good cause for delay, and the detention cannot be solely based on an inability to pay financial conditions. The bill clarifies that this does not alter the presumption of innocence.