Section by Section Analysis of Police Reform Legislation

Section-by-section analysis of S2963, An Act relative to justice, equity and accountability in law enforcement in the Commonwealth, prepared by Andrew Bettinelli and Anne Johnson Landry.

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For sections of new Chapter 6E, go here.

Bill Sec.M.G.L. Ch.M.G.L. Sec.CategorySummary with Link
1372, 73, 74CommissionsEstablishes Permanent Commission on the Status of African Americans; Permanent Commission on the Status of Latinos and Latinas; Permanent Commission on the Status of Persons with Disabilities; and Permanent Commission on the Social Status of Black Men and Boys. Full Text»
247AccountabilityMakes clear that records related to a law enforcement investigation [once the investigation has concluded] are not subject to the exemption to the public records law that otherwise exempts personnel and medical records from the public records law. Full Text»
3617Police TrainingStrikes MPTC reference from section enumerating Commissions and Boards serving under Governor. Full Text»
46116Police TrainingStrikes MPTC and replaces with Definitions for use in training mandates. MPTC will be replaced by CPTC, created in Sec. 30 of this bill Full Text»
56116APolice TrainingStrikes MPTC references from training mandate on domestic and sexual violence. Technical change. Full Text»
66116APolice TrainingStrikes definition of law enforcement officer from training mandate on domestic and sexual violence. Full Text»
76116APolice TrainingStrikes MPTC references and replaces with CPTC in training mandate on domestic and sexual violence. Full Text»
86116BPolice TrainingStrikes MPTC references and replaces with CPTC in training mandate on hate crimes. Full Text»
96116BPolice TrainingStrikes "police academies" and replaces with "police schools, academies and programs" in training mandate on hate crimes. Full Text»
106116CPolice TrainingStrikes MPTC and replaces with CPTC, strikes date references, changes academy language in training mandate on public safety technology. Full Text»
116116CPolice TrainingStrikes date references in training mandate on public safety technology. Full Text»
126116CPolice TrainingStrikes MPTC references and replaces with CPTC in training mandate on public safety technology. Full Text»
136116CPolice TrainingTechnical fix in training mandate on public safety technology. Full Text»
146116DPolice TrainingStrikes MPTC reference and replaces with CPTC in training mandate on protection, care and custody of minors upon arrest of parents or guardians. Full Text»
156116DPolice TrainingStrikes MPTC "student officers' course of study" and replaces with "recruit basic training curriculum" in training mandate on protection, care and custody of minors upon arrest of parents or guardians. Full Text»
166116EPolice TrainingStrikes MPTC reference and replaces with CPTC in training mandate on bicycle safety enforcement, and strikes definition of law enforcement officer. Full Text»
176116EPolice TrainingStrikes MPTC reference and replaces with CPTC in training mandate on bicycle safety enforcement. Full Text»
186116GPolice TrainingStrikes definition of bias-free policing in training mandate on bias-free policing and references definition in CPTC chapter. Full Text»
196116GPolice TrainingStrikes MPTC reference and replaces with CPTC in training mandate on bias-free policing. Full Text»
206116GPolice TrainingStrikes word "local" each time it appears in training mandate on bias-free policing, so the mandate will apply to all law enforcement officers. Full Text»
216116GPolice TrainingAdds words "officers and" in training mandate on bias-free policing, so the mandate will apply to law enforcement officers and officials. Full Text»
226116GPolice TrainingUpdates the de-escalation and disengagement training section to include updates to training in de-escalation, mental illness and disability, and new training requirements in mass gatherings or protests, and cultural competency. Full Text»
236116H-JPolice Training, Juvenile JusticeCreates new training mandates for school resource officers and creates training mandates for appropriate interactions with persons on the autism spectrum and those with other intellectual and developmental disabilities, and on the regulation of physical force. Full Text»
246117 and 118Police TrainingRepeals sections 117 and 118 of this chapter relative to meetings of the MPTC, consistent with consolidation of MPTC into CPTC. Full Text»
256156Police TrainingStrikes the ED of the MPTC and replaces with the training director of the CPTC as a member of the committee on criminal justice. Full Text»
266220PrivacyEstablishes a prohibition on biometric surveillance with an exception for use by the RMV and searches of the RMV database pursuant to a warrant based on probable cause that the search will lead to evidence of the commission of a violent felony, or without a warrant if law enforcement reasonably believe that an emergency involving immediate danger of death or serious physical injury requires such a search without delay. The registrar shall publish as a public record data regarding the search, and report annually to its website. Full Text»
276A18Police TrainingStrikes MPTC as division within EOPSS. Full Text»
286A18 1/2Police TrainingStrikes MPTC as reporting to Undersecretary for law enforcement Full Text»
296A18XPolice TrainingStrikes reference to MPTC and replaces with CPTC in section on Sexual Assault Evidence Kit Tracking System. Full Text»
30New Chapter 6EOversightMASSACHUSETTS PEACE OFFICER STANDARDS AND TRAINING COMMISSION (for separate section-by-section click click here) OR go to Full Text»
311035EEEPolice TrainingStrikes the word "municipal" from police training fund section. Full Text»
321035EEEPolice TrainingStrikes reference to MPTC and replaces with CPTC in police training fund section. Full Text»
331035EEEPolice TrainingStrikes reference to MPTC and replaces with CPTC, and strikes and replaces references to "police" with "law enforcement officer" in police training fund section. Full Text»
341035EEEPolice TrainingStrikes references to MPTC and replaces with Massachusetts Police Officer Standards and Training Commission in police training fund section. Full Text»
351035EEEPolice TrainingStrikes reference to Executive Office of Public Safety and Security and replaces with Massachusetts Police Officer Standards and Training Commission in police training fund section. Full Text»
361035EEEPolice TrainingStrikes references to "municipality" and replaces with "agency" in police training fund. Full Text»
371211HPolice Accountability and Qualified ImmunityEstablishes a right to bias-free professional policing under the Massachusetts Civil Rights Act and establishes that conduct against an aggrieved person resulting in decertification by the Police Office Standards and Training Commission shall constitute a prima facie violation of the MCRA right to bias-free professional policing. Makes clear that qualified immunity shall not attach to violations of the right to bias-free professional policing resulting in decertification. Full Text»
381211JPolice AccountabilityMakes technical changes to facilitate MCRA change. Full Text»
391211JPolice AccountabilityMakes technical changes to facilitate MCRA change. Full Text»
401925Mental Health InterventionStrikes ED of MPTC and replaces with Training Director of CPTC as a member of the Community Policing and Behavioral Health Advisory Council. Full Text»
411925Mental Health InterventionChanges the name of the Center for Police Training in Crisis Intervention to the Center for Responsive Training in Crisis Intervention. Full Text»
421925Mental Health InterventionAdjusts the mission of the newly-renamed Center for Responsive Training in Crisis Intervention to include promoting the use and adequate resourcing of trained community-based crisis response resources to assist residents when an exclusive police response is not best suited to address the concerns raised or is inappropriate or unnecessary. Full Text»
431925Mental Health InterventionAdds to the training offered by the newly-renamed Center for Responsive Training in Crisis Intervention the following: efforts to prioritize de-escalation tactics and techniques in crisis response situation; institutional and structural racism, implicit bias and the history, legacy and impact of racism in the United States; and best practices for responding to mass gatherings or protests that shall emphasize de-escalation and minimizing the necessity for use of force. Full Text»
4422C3State Police ReformCorrects gendered pronouns. Full Text»
4522C3State Police ReformAllows the Governor to appoint State Police Colonel from outside of the ranks of the State Police. Eliminates the requirement that the Colonel be an employee of the department prior to appointment. Requires the appointee to have "not less than 10 years of full-time experience as a sworn law enforcement officer and not less than 5 years of full-time experience in a senior administrative or supervisory position in a police force or a military body with law enforcement responsibilities." Full Text»
4622C10State Police ReformCorrects gendered pronouns. Full Text»
4722C10State Police ReformCorrects gendered pronouns. Full Text»
4822C10State Police ReformCorrects gendered pronouns. Full Text»
4922C10State Police ReformMakes changes to permit the Governor to appoint State Police Colonel from outside of the ranks of the State Police, and to facilitate the cadet program. Full Text»
5022C10State Police ReformCorrects gendered pronoun. Full Text»
5122C10AState Police ReformEstablishes the cadet program to admit cadets for a 1-year training program if they pass a qualifying examination and meet certain physical, age and other eligibility requirements. Clarifies that cadets do not carry arms, and do not have the power of arrest. Upon the successful completion of the program, cadets may be appointed as uniformed members of the state police. Full Text»
5222C11State Police ReformCorrects gendered pronoun. Full Text»
5322C11State Police ReformEstablishes cadet program as a route to initial enlistment for no more than 1/3 of uniformed members of the State Police in a given training troop. Full Text»
5422C13State Police ReformGrants the Colonel new powers to administratively suspend an officer without pay, after notice and a hearing, in cases where: 1) a criminal complaint or indictment has issued; 2) the department has referred a case to any prosecutorial agency for review for prosecution; or 3) there are reasonable grounds to believe the officer has engaged in misconduct that violates the public trust. Makes clear that an officer subject to an administrative suspension of more than a year may appeal to Civil Service after one year has elapsed or to the Colonel. Grants the Colonel new powers to administer less serious discipline that does not involve a suspension of pay, loss of accrued vacation time, loss of rank or seniority, or termination, without a trial board. Indicates that this lesser discipline cannot be appealed to Civil Service, but may be appealed to the Colonel and Superior Court. Full Text»
5522C20State Police ReformEstablishes that State Police training is subject to approval of CPTC. Full Text»
5622C21Police TrainingMakes technical changes to clarify that training of municipal and other state officers by the State Police is subject to the oversight of the CPTC and POST. Full Text»
5726State Police ReformChanges the State Police promotions formulas and removes the oral interview component for promotion to commissioned officer. Caps longevity points for Sergeant and Lieutenant in order to increase the pool of likely candidates for these positions. Full Text»
5822C23State Police ReformMakes technical change to affirmative action office section to facilitate cadet program. Full Text»
5922C 23State Police ReformMakes technical change to affirmative action office section to facilitate cadet program. Full Text»
6022C24APolice TrainingEstablishes that CPTC shall approve retraining program for persons retired for disability for more than 1 year, who are seeking reinstatement. Full Text»
6122C24APolice TrainingEstablishes that CPTC shall approve training and certification program for persons retired for disability for more than 3 years, who are seeking reinstatement. Full Text»
6222C40Police Training, State Police ReformEstablishes that CPTC shall approve training for State Police Narcotics Unit. Full Text»
6322C63Police TrainingEstablishes that employees of colleges, universities, other educational institutions and hospitals, who are appointed as special officers, are subject to CPTC certification and training requirements. Full Text»
6422C64Police Training, State Police ReformEstablishes that employees of the civil defense agency, who are appointed as special state police officers, are subject to CPTC certification and training requirements. Full Text»
6522C68Police Training, State Police ReformEstablishes that Special Investigations Bureau employees, who are appointed as special state police officers, are subject to CPTC certification and training requirements. Full Text»
66292JJJJPolice TrainingStrikes reference to MPTC and replaces with CPTC in Public Safety Training Fund section. Full Text»
67312OversightExpressly prohibits Civil Service Commission from hearing POST Commission appeals in its duties and powers. Full Text»
683142OversightExpressly prohibits Civil Service Commission from hearing appeals related to appointing agency disciplinary action or employment-related consequences that result from decertification in section relative to jurisdiction to hear appeals. Full Text»
693143OversightExpressly prohibits Civil Service Commission from hearing appeals related to appointing agency disciplinary action or employment-related consequences that result from decertification in hearings section. Full Text»
704036CPolice TrainingStrikes reference to state and local officers and replaces with new law enforcement officer definition in training mandate on suicide detection, intervention and prevention. Full Text»
714036CPolice TrainingStrikes reference to MPTC and replaces with a reference to CPTC and academy language in training mandate on suicide detection, intervention and prevention. Full Text»
724036CPolice TrainingStrikes word "police" and replaces with "law enforcement" in training mandate on suicide detection, intervention and prevention. Full Text»
734196APolice AccountabilityProhibits decertified officers from appointment as police officers. Full Text»
744196BPolice TrainingStrikes and replaces section on police training schools and attendance by persons exercising police powers. Effectuates changes to this section consistent with the replacement of the MPTC with the CPTC and removing paragraphs dealing with reserve or intermittent officer training and training waivers. Full Text»
754197BPolice TrainingStrikes reference to MPTC and replaces with reference to division of police training and certification in rape reporting and prosecution units chapter. Full Text»
764197BPolice TrainingStrikes reference to MPTC and replaces with reference to CPTC in rape reporting and prosecution units chapter. Full Text»
774197HPolice AccountabilityEstablishes that non-disclosure agreements shall not be used in police misconduct settlements unless the complainant requests such provision in writing. Full Text»
787137LJuvenile JusticeProhibits school departments from sharing certain specified student information, including immigration status, and suspected,
alleged, or confirmed gang affiliation with law enforcement. Full Text»
797137PJuvenile JusticeStrikes and replaces School Resource Officer section. Establishes Model School Resource Officer Memorandum of Understanding taskforce to develop a model memorandum to formalize and clarify implementation of the partnership between the school and the school resource officer. Removes requirement that school districts have a school resource officer and replaces it with the discretion of the superintendent to make such a request. Requires DESE to collect data on the number of mental and social emotional health support personnel and the number of school resource officers employed by each local education agency and to publish a report of the data on its website. Full Text»
807532APolice TrainingRequires that full-time UMass Police Officers be certified by CPTC. Full Text»
819024MPolice TrainingStrikes reference to MPTC and replaces with CPTC in alcohol education section. Full Text»
829032E7/8Police TrainingStrikes the word "municipal" so the rental car surcharge is directed to the newly renamed Police Training Fund. Full Text»
839063Racial Justice, AccountabilityEstablishes a ban on racial profiling by law enforcement agencies. Allows the AG to bring a civil action for injunctive or other equitable relief to enforce. Full Text»
8490C2Police Training and OversightRequires state university and community college police to attend CPTC training, to be subject to background checks, for such departments to sign an MOU with local police and to adopt specific policies and procedures. Full Text»
851111Data CollectionDefines "law enforcement-related injuries and death." Full Text»
861116EData CollectionRequires data collection and reporting on law enforcement-related injuries and death. Full Text»
87111B8Adds "or Dukes County Sheriff's office" to every reference to police station in the section on protective custody for intoxicated persons. Full Text»
88140131Police TrainingStrikes reference to MPTC and replaces with reference to CPTC for machine gun firearms instructor license. Full Text»
8914731Police TrainingStrikes reference to MPTC and replaces with a reference to Massachusetts Peace Officer Standards and Training Commission in training reporting section. Full Text»
9023185BBPolice AccountabilityCreates a penalty of treble damages, or imprisonment for not more than two years, for any police officer who submits false or fraudulent claim of hours worked for payment. Full Text»
9126513H 1/2Police AccountabilityCreates a new section relative to sexual misconduct (indecent assault and battery) by a law enforcement officer on a person in custody. Establishes criminal penalties, varying by victim, for indecent assault by a law enforcement officer. Full Text»
9226522Police AccountabilityEstablishes that sex between a law enforcement officer and a person in their custody is rape subject to the existing penalty structure for the offense. Full Text»
9326910Police TrainingStrikes reference to MPTC and replaces with reference to CPTC in silencers section. Full Text»
942762DPolice AccountabilityLimits the issuance of no-knock warrants to instances where the life of the officer or someone else would be at risk if they were to announce their presence. Prohibits the use of no-knock warrants where minors or seniors are reasonably believed to be in the home. Allows an officer to enter without knocking to prevent a "credible risk of imminent harm." Makes inadmissible evidence seized in violation of this section. Full Text»
95276100FJuvenile JusticeAllows for expungement of not more than 2 records as adjudicated delinquent or youthful offender. Full Text»
96276100GJuvenile JusticeAllows for the expungement of not more than 2 records of conviction. Full Text»
97276100HJuvenile JusticeAllows for the expungement of not more than two records, not including an adjudication as a delinquent, an adjudication as a youthful offender or a conviction. Clarifies that multiple offenses arising out of the same incident shall be considered a single offense for the purposes of this section. Full Text»
98276100IJuvenile JusticeEstablishes that certain offenses are ineligible for expungement, makes clear that eligible offenses must have been committed before the age of 21, and applies other technical and timing requirements. Full Text»
99N/AN/APolice AccountabilityRequires every law enforcement agency to report to CPTC the comprehensive disciplinary record for each law enforcement officer currently employed. Requires the CPTC to provide each law enforcement agency a list of officers currently employed in the Commonwealth, and for said agencies to report to CPTC the comprehensive disciplinary record for each law enforcement officer previously employed by said agency. Full Text»
100N/AN/APolice AccountabilityStaggers the terms for Massachusetts Peace Officer Standards and Training Commission initial appointments. Full Text»
101N/AN/APolice AccountabilityCreates appointment deadlines for Massachusetts Peace Officer Standards and Training Commission. Full Text»
102N/AN/APolice CertificationGrandfathers law enforcement officers, who have completed an academy and are appointed as a law enforcement officer as of the effective date for purposes of CPTC certification. Provides that training waivers granted by MPTC expire 6 months after the effective date of the section. Allows the CPTC to grant training waivers. Establishes that grandfathered certifications expire based on last name after 1, 2 or 3 years. Full Text»
103N/AN/ACommissionsEstablishes special commission to review and make recommendations on improving, modernizing and developing comprehensive protocols for the training of state and county correction officers and juvenile detention officers. Full Text»
104N/AN/ACommissionsEstablishes a law enforcement body camera taskforce to propose regulations for the procurement and use of body-worn cameras and minimum requirements for the storage and transfer of audio and video recordings collected by such cameras. Full Text»
105N/AN/ACommissionsEstablishes a special commission to conduct a study on the use of facial recognition technology by the Massachusetts Department of Transportation. Full Text»
106N/AN/ACommissionsEstablishes a special commission on emergency hospitalizations. Full Text»
107N/AN/ACommissionsEstablishes a special commission to study and examine the civil service law, personnel administration rules, hiring procedures and by-laws for municipalities not subject to the civil service law and state police hiring practices. Full Text»
108N/AN/ACommissionsEstablishes a special commission to study the establishment of a statewide law enforcement officer cadet program. Full Text»
109N/AN/APolice Certification, Juvenile JusticeRequires School Resource Officer certification by December 31, 2021. Full Text»
110N/AN/ACommissionsEstablishes a special commission on structural racism in correctional facilities of the Commonwealth. Full Text»
111N/AN/ACommissionsEstablishes a special commission on structural racism in the parole process. Full Text»
112N/AN/ACommissionsEstablishes a special commission on structural racism in the Massachusetts probation service. Full Text»
113N/AN/ACommissionsCreates deadlines for model school resource officer memorandum of understanding review commission: to convene not later than March 31, 2021 and to develop its first model memorandum of understanding not later than February 1, 2022 for implementation in 2022. Full Text»
114N/AN/ACommissionsStaggers terms for initial appointments to the Permanent Commission on the Status of Black Men and Boys. Full Text»
115N/AN/AStudyRequires the committee on police training and certification to investigate and study the benefits and costs of consolidating existing municipal police training committee training academies into a single, full-time training institution with full time instructional staff. Full Text»
116N/AN/ACommissionsEstablishes a special commission to study the impact to the administration of justice of the qualified immunity doctrine in the Commonwealth. Full Text»
117N/AN/AStudyTasks the community policing and behavioral health advisory council with studying and making recommendations for creating a crisis response and continuity of care system that delivers alternative emergency services and programs across the commonwealth. Full Text»
118N/AN/APolice TrainingRequires the CPTC to promulgate regulations requiring law enforcement agencies to participate in critical incident stress management and peer support programs to address police officer mental wellness and suicide prevention as well as critical incident stress and the effect on public safety. Full Text»
119N/AN/APolice TrainingRequires the CPTC to issue guidance on developmentally appropriate de-escalation and disengagement tactics, techniques and procedures and other alternatives to the use of force for minor children. Full Text»
120N/AN/AJuvenile JusticeMakes changes to expungement under this act apply to pending applications. Allows a person to refile a petition for expungement that was denied prior to the effective date because they had more than 1 record. Full Text»
121N/AN/APolice TrainingAuthorizes the transfer of each employee of the municipal police training committee employed prior to the effective date of this act to the Massachusetts Peace Officer Standards and Training Commission. Full Text»
122N/AN/AMakes use of force changes pursuant to (a) of Sec. 14 of 6E effective December 1, 2021. Full Text»
123N/AN/ARequires the promulgation of use of force regulations pursuant to (d) of Sec. 15 of 6E September 1, 2021. Full Text»

Sections of New Chapter 6E

M.G.L. Ch. 6E Sec.SubsectionSummary
1Creates definitions related to the Massachusetts Police Standards and Training Commission, including but not limited to "Bias-free policing, "Chokehold," "Deadly force," "Imminent harm," "Law enforcement agency," "Law enforcement officer," and "Officer-involved injury or death." Full Text »
2(a)Creates the Massachusetts Police Standards and Training Commission Composition with nine total members: three appointed by the governor-- one police chief, one retired justice of the superior court, and one social worker appointed from a list submitted by NASW; three appointed by the AG-- one law enforcement officer below the rank of sergeant, one law enforcement officer appointed from a list submitted by Massachusetts Association of Minority Law Enforcement Officers, Inc., and one attorney licensed to practice law in the commonwealth from a list submitted by the civil rights and social justice section council of the Massachusetts Bar Association; and three appointed jointly by the governor and the AG, including one person from a list submitted by the Massachusetts Commission Against Discrimination. Full Text »
2(b)Except where explicitly provided otherwise, requires commissioners to be civilians. Prohibits those civilian commissioners from having been previously employed as a law enforcement officer, been previously employed by a law enforcement agency or be a retired law enforcement officer or retired from a law enforcement agency except as specified by this chapter. Requires civilian commissioners to have experience or expertise in law enforcement practice and training, criminal law, civil rights law, the criminal justice system, mental health, post-traumatic stress disorder, crisis intervention, de-escalation techniques or social science fields related to race or bias. Gives the Governor the power to designate the chair. Requires the commission to include people of color and women in proportion to commonwealth's population. Full Text »
2(c)-(k)Provides that commissioners shall be compensated. Indicates that after initial appointment, terms are 5 years, and no commissioner shall serve more than 10 years. Provides that seven commissioners constitute a quorum, and the affirmative vote of a majority of commissioners present is required for any action by the commission. Requires the Commission to appoint an Executive Director, who may hire a staff. Prohibits an employee of the division of standards or the executive director from having been previously employed as a law enforcement officer, previously employed by a law enforcement agency or be a retired law enforcement officer or retired from a law enforcement agency. Full Text »
3(a)-(b)Establishes the powers of the commission, including but not limited to: act as the primary civil enforcement agency for violations of this chapter; establish minimum officer certification; certify qualified applicants; receive complaints of officer misconduct from any source; deny an application or limit, condition, restrict, revoke or suspend a certification, or fine a person certified for any cause that the commission deems reasonable; establish minimum agency certification and certify qualified agencies; withhold, suspend or revoke certification of agencies; conduct adjudicatory proceedings; issue subpoenas and compel the attendance of witnesses; adopt, amend or repeal regulations; refer patterns of racial profiling or the mishandling of complaints of unprofessional police conduct by a law enforcement agency for investigation and possible prosecution to the attorney general or the appropriate federal, state or local authorities; and issue certification for SROs. Allows, if the AG has reasonable cause to believe that such a pattern exists, the AG to bring a civil action for injunctive or other appropriate equitable and declaratory relief to eliminate the pattern or practice. Full Text »
4(a)Establishes the Division of Police Training and Certification to establish uniform policies and standards for the training and certification of all law enforcement officers including a basic recruit training curriculum and an in-service training curriculum for law enforcement officers. Requires the head of the Division to be appointed by the Committee on Police Training and Certification (CPTC.) Allows specialized training to be offered for different classes of officers. Full Text »
4(b)-(c)Makes composition of voting members nearly the same as the MPTC but adds two sheriffs, the president of MAWLE, and the chair of MAMLEO. Makes nonvoting members nearly the same as the MPTC but adds a social worker and a mental health clinician. Full Text »
4(d)Makes ineligible for admission to an academy, or appointment as a law enforcement officer, or for employment with a law enforcement agency someone who is listed in the national decertification index. Requires the CPTC to set policies for admission to academies, and policies and standards for the screening for all applicants for certification and recertification. Full Text »
4(e)-(j)Requires the CPTC to set policies and standards for all law enforcement officers, including the various statutory training mandates. Requires the committee, subject to approval of the commission, to establish minimum certification standards for all officers. Makes certification valid for 3 years from the date of issuance. Prohibits an agency from employing a law enforcement officer unless they are certified. Requires the committee to maintain a database containing records for each certified law enforcement officer, including but not limited to: certification, training, discipline, and arrest. Requires the committee to promulgate regulations regarding a public-facing database of officer records. Full Text »
5Establishes that the CPTC shall establish minimum certification standards for law enforcement agencies that shall include the establishment and implementation of agency policies regarding: use of force and reporting of use of force; officer code of conduct; officer response procedures; criminal investigation procedures; juvenile operations; internal affairs and officer complaint investigation procedures; detainee transportation; and collection and preservation of evidence. Full Text »
6(a)-(b)Establishes that the CPTC shall approve police training schools. Requires schools to offer training of officers to serve in rape prevention and prosecution units; and allows the inclusion of training in good Samaritan law, and drug overdose. Full Text »
7(a)-(d)Establishes a training mandate for law enforcement officers on mental wellness and suicide prevention. Full Text »
8(a)-(b)Establishes Division of Police Standards to investigate officer misconduct and offer disciplinary recommendations to the commission. Requires the head of a law enforcement agency to report to the Division instances of officer misconduct within two business days of receiving the complaint. Requires the agency to report the outcome of the investigation to the Division. Requires the agency, upon final disposition of the complaint, to file a report with the Division. Requires the agency to report if the officer resigns during the process, and offer a recommendation for discipline. Prohibits collective bargaining from limiting the head of a LEA from recommending discipline to the commission. Full Text »
8(c)-(g)Requires the commission to initiate preliminary inquiry into the conduct of a law enforcement officer if the commission receives a complaint or credible report, or other credible evidence that the officer: was involved in an officer-involved injury or death; committed a felony or misdemeanor; engaged in conducted prohibited by this chapter; or receives an affirmative recommendation by the head of an agency for disciplinary action by the commission. Makes all proceedings relating to a preliminary inquiry confidential, except for evidence to be used in a criminal proceeding. Requires the officer to receive notice. Establishes that the division may audit the records of any law enforcement agency regarding officer misconduct. Requires the division to maintain a database regarding misconduct complaints which it shall review to identify patterns. Full Text »
9(a)-(d)Requires the commission to immediately suspend certification of any officer arrested, charged or indicted for a felony. Requires the commission to suspend an officer's certification if after a preliminary inquiry and a vote, the commission concludes by a preponderance of the evidence that: the officer has engaged in conduct that could constitute a felony. Allows the commission to suspend certification if an officer is arrested, charged or indicted for a misdemeanor and the commission finds by a preponderance of the evidence that the crime affects the fitness of the officer to serve as a law enforcement officer; or that the suspension is in the best interest of the health, safety or welfare of the public. Requires the commission to administratively suspend the certification of an officer who: fails to complete mandatory in-service training; failure to report conduct which they have a duty to report. Entitles the officer to a suspension hearing within 15 days. Full Text »
10(a)-(f)Requires the commission to revoke an officer's certification if the commission finds any one of a set of enumerated reasons by clear and convincing evidence. Allows the commission to revoke the officer's certification if the commission finds any one of a set of enumerated reasons by clear and convincing evidence. Allows the commission to order retraining after a hearing, if it finds any one of a set of enumerated reasons by substantial evidence. Requires the commission to provide notice to the officer and the agency. Requires the commission to promulgate regulations and conduct hearings pursuant to state administrative procedure. Prohibits appeal to the civil service commission of an adverse action taken against a certification by the commission pursuant to this section or of an employment action taken by an appointing authority that results from a revocation by the commission. Full Text »
10(g)-(h)Requires the committee to publish revocation orders and findings and to provide all revocation information to the national decertification index. Prevents officers from applying for certification following decertification. Prevents the commission from instituting a revocation or suspension hearing pursuant to this section until the officer's appointing agency has issued a final disposition or 1 year has elapsed since the incident was reported to the commission, whichever is sooner. Provides that if the officer notifies the commission that the officer wishes to suspend such hearing pending an appeal or arbitration of the appointing agency's final disposition, the commission shall suspend the hearing but provides that any delay in instituting a revocation or suspension hearing shall not exceed 1 year from the officer's request. Provides that if the officer notifies the commission that the officer wishes to suspend such hearing pending the resolution of criminal charges, the commission shall suspend the hearing but provides that the officer's certification shall be suspended during the pendency of any delay in such hearing. Full Text »
11Prohibits any agency, sheriff or EOPSS from employing or contracting with a decertified officer in any capacity. Full Text »
12Prohibits retaliation for cooperating with the commission. Full Text »
13Requires the commission to publish a public database of discipline. Requires cooperation with the National Decertification Index to ensure decertified officers from other states are not hired in MA. Full Text »
14(a)-(e)Establishes that an officer shall not use physical force unless de-escalation has been tried or is not feasible AND such force is necessary to 1) effectuate a lawful arrest or detention; 2) to prevent the escape from custody of a person; or 3) to prevent imminent harm and the amount of force used is proportional to the threat of imminent harm. Prohibits the use of deadly force unless de-escalation is first attempted and such force is necessary to prevent imminent harm to a person and the amount of force used is proportionate to the threat of imminent harm. Establishes a prohibition on training in or use of chokeholds. Establishes a prohibition on shooting into a moving vehicle unless proportionate and necessary to prevent imminent harm to a person. Prevents the use of tear gas, chemical weapons, dogs, or rubber bullets unless (i) de-escalation tactics have been attempted and failed or are not feasible based on the totality of the circumstances; and (ii) the measures used are necessary to prevent imminent harm and the foreseeable harm inflicted by the tear gas or other chemical weapon, rubber pellets or dog is proportionate to the threat of imminent harm." Requires law enforcement agencies to report any use to the commission after the fact. Full Text »
15(a)-(d)Establishes duty to intervene and a duty to report unreasonable or unnecessary use of force. Grants regulatory authority for use of force regulations. Full Text »
16Requires annual reporting to the legislature by the commission to include: officer-involved injuries or death; policy recommendations related to such injuries or deaths; decertification statistics; suspension statistics; retraining order statistics; and all injuries or deaths of police officers. Full Text »