Massachusetts H 1697: An Act relative to psychological evaluations for persons considered a danger to themselves or others

Bill Text

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HOUSE DOCKET, NO. 4169 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1697

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul K. Frost and Kenneth P. Sweezey
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to psychological evaluations for persons considered a danger to themselves or
others.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Paul K. Frost 7th Worcester 1/17/2025
Joseph D. McKenna 18th Worcester 1/28/2025

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HOUSE DOCKET, NO. 4169 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1697
By Representatives Frost of Auburn and Sweezey of Duxbury, a petition (accompanied by bill,
House, No. 1697) of Paul K. Frost and Joseph D. McKenna relative to psychological evaluations
for persons considered a danger to themselves or others. The Judiciary.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________

An Act relative to psychological evaluations for persons considered a danger to themselves or
others.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Section 131S of chapter 140 of the General Laws, as appearing in the 2022
2 Official Edition, is hereby amended by inserting the following:-
3 (l) Upon issuance of an extreme risk protection order, the court shall order the respondent
4 to undergo a psychiatric evaluation. The psychiatric evaluation must be conducted by a licensed
5 mental health professional, approved by the department of public health, and must occur within
6 ten days of the issuance of the extreme risk protection order.
7 The psychiatric evaluation shall assess the following:
8 (1) The mental health status of the respondent, including any diagnosed mental illness or
9 conditions that may pose a risk to the respondent or others.
10 (2) The respondent's history of violence, threats, or self-harm, if any.

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11 (3) The respondent’s ability to safely handle firearms or other weapons in light of the
12 psychiatric evaluation.
13 Upon completion of the psychiatric evaluation, the results shall be submitted to the court.
14 The court shall review the evaluation findings in conjunction with any other evidence before
15 making a decision regarding the continuation, modification, or dissolution of the extreme risk
16 protection order.
17 SECTION 2. The department of public health, in collaboration with the Massachusetts
18 Trial Court, shall promulgate regulations necessary to implement the provisions of this section.