On December 10, 2020 Governor Baker returned the police reform bill with an amendment, cautioning the legislature that he would not sign the bill unless it were re-enacted with his amendment. On December 21, 2020 the legislature re-enacted the bill, with a compromise amendment that contained many elements of his amendment. The Governor signed the bill as amended into law. The following is a brief description of the changes made to the conference committee bill in the compromise amendment:
POST Commission:
- Requires that the Commissioner who is a law enforcement officer below the rank of sergeant, is appointed from a list submitted by the Massachusetts Law Enforcement Policy Group, which is a labor organization.
- Establishes that certification standards for officers are developed “jointly” with MPTC, as opposed to full approval authority.
- Establishes that agency certification standards are developed “in consultation” with MPTC.
- Changes division of training and certification to become division of certification; no training mandates; certification developed jointly with MPTC.
- Imposes a one year timeline on local agency action on discipline.
- Adds a possible six months for officer requested hearing on good cause shown.
- Establishes that the MPTC and POST shall jointly promulgate rules and regulations for the use of force by law enforcement officers.
MPTC
- Establishes that MPTC remain under Governor as a commission; retains current name but accepts membership tweaks from conference committee bill.
- Establishes that its primary mandate is training, not certification — “jointly” establishes officer certification standards with “division of police certification”
- Reverses State Police training changes – not folded under MPTC, authority for training stays with the Colonel.
- MPTC retains authority to approve municipal training schools subject to approval of Governor.
- Strikes changes training funding structure.
- Establishes sole authority to set standards for admission to committee-certified academies.
- Establishes that the MPTC and POST shall jointly promulgate rules and regulations for the use of force by law enforcement officers.
- Establishes that MPTC maintains training records.
- Establishes mental health officers mandate under the committee.
Biometric Surveillance Ban
- Reverses permanent ban on facial recognition. Instead, establishes limits on the use of facial recognition. Law enforcement agencies may only perform such a search after a written request to the RMV, FBI or State Police pursuant to a court order or without a court order if there is a substantial risk of harm to any individual.
- Requires law enforcement agencies shall report each facial recognition search to EOPSS, who will publish an annual report.
- Establishes a special commission to conduct a study on the use of facial recognition and make recommendations for the regulation of its use
Use of Force Standards
- Establishes that the MPTC and POST shall jointly promulgate rules and regulations for the use of force by law enforcement officers.
- Strikes definitions of imminent harm, necessary, and totality of circumstances.
No-knock warrants
- Adds exception to prohibition on no-knock warrants where minors are seniors are reasonably believed to be in the home, if there is a credible risk of imminent harm to such minors or seniors.
State Police
- Establishes State Police subject to certification by POST.
- Retains Colonel to oversee training.
Bias Free Policing
- Adds language to narrow the definition of “bias free policing.”
Timeline
- Establishes new effective dates, and deadlines:
- Disciplinary records transferred by September 30, 2021, not June
- Grandfathers academy participants in the pipeline to be appointed by December 1, 2021
- Organizational sections take effect later.
- Use of force standards timeline unchanged.