Section-by-section analysis of An Act relative to justice, equity and accountability in law enforcement in the Commonwealth as amended, 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. | Category | Summary |
|---|---|---|---|---|
| 1 | 3 | 72, 73, 74 | Commissions | Establishes 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» |
| 2 | 4 | 7 | Accountability | Makes 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» |
| 3 | Deleted. | |||
| 4 | 6 | 116 | Police Training | Reestablishes the Municipal Police Training Committee as responsible for setting policies and standards for the training of law enforcement officers. The MPTC shall set policies and standards for the screening of all applicants for admission to academies, background investigations, and which investigations shall require at a minimum verification against the national decertification index. The MPTC and the division of police certification shall jointly establish minimum certification standards for all officers. The MPTC and POST shall jointly promulgate rules and regulations for the use of force by law enforcement officers. The MPTC shall maintain records of training for officers under its jurisdiction. Full Text» |
| 5 | Deleted. | |||
| 6 | 6 | 116A | Police Training | Strikes definition of law enforcement officer from training mandate on domestic and sexual violence. Full Text» |
| 7 | Deleted. | |||
| 8 | Deleted. | |||
| 9 | 6 | 116B | Police Training | Strikes "police academies" and replaces with "police schools, academies and programs" in training mandate on hate crimes. Full Text» |
| 10 | 6 | 116C | Police Training | Strikes date references and changes academy language in training mandate on public safety technology. Full Text» |
| 11 | 6 | 116C | Police Training | Strikes date references in training mandate on public safety technology. Full Text» |
| 12 | Deleted. | |||
| 13 | 6 | 116C | Police Training | Technical fix in training mandate on public safety technology. Full Text» |
| 14 | Deleted. | |||
| 15 | 6 | 116D | Police Training | Strikes 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» |
| 16 | 6 | 116E | Police Training | Strikes definition of law enforcement officer. Full Text» |
| 17 | Deleted. | |||
| 18 | 6 | 116G | Police Training | Strikes definition of bias-free policing in training mandate on bias-free policing and references definition in POST chapter. Full Text» |
| 19 | Deleted. | |||
| 20 | Deleted. | |||
| 21 | 6 | 116G | Police Training | Adds words "officers and" in training mandate on bias-free policing, so the mandate will apply to law enforcement officers and officials. Full Text» |
| 22 | 6 | 116G | Police Training | Updates 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» |
| 23 | 6 | 116H-J | Police Training, Juvenile Justice | Creates 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, the regulation of physical force, and officer mental wellness and suicide prevention. Full Text» |
| 24 | Deleted. | |||
| 25 | Deleted. | |||
| 26 | 6 | 220 | Privacy | 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 to obtain information material to an ongoing criminal investigation or to mitigate a substantial risk of harm to any individual or group of people; or without a court order to identify a deceased person or if an emergency involving substantial risk of harm to any individual or group of people requires the performance of a facial recognition search without delay. Law enforcement agencies shall report each facial recognition search to EOPSS, who will publish an annual report. Full Text» |
| 27 | Deleted. | |||
| 28 | Deleted. | |||
| 29 | Deleted. | |||
| 30 | New Chapter 6E | Oversight | MASSACHUSETTS PEACE OFFICER STANDARDS AND TRAINING COMMISSION (for separate section-by-section click click here) OR go to Full Text» | |
| 31 | Deleted. | |||
| 32 | Deleted. | |||
| 33 | Deleted. | |||
| 34 | Deleted. | |||
| 35 | Deleted. | |||
| 36 | Deleted. | |||
| 37 | 12 | 11H | Police Accountability and Qualified Immunity | Establishes 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» |
| 38 | 12 | 11J | Police Accountability | Makes technical changes to facilitate MCRA change. Full Text» |
| 39 | 12 | 11J | Police Accountability | Makes technical changes to facilitate MCRA change. Full Text» |
| 40 | Deleted. | |||
| 41 | 19 | 25 | Mental Health Intervention | Changes the name of the Center for Police Training in Crisis Intervention to the Center for Responsive Training in Crisis Intervention. Full Text» |
| 42 | 19 | 25 | Mental Health Intervention | Adjusts 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» |
| 43 | 19 | 25 | Mental Health Intervention | Adds 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» |
| 44 | 22C | 3 | State Police Reform | Corrects gendered pronouns. Full Text» |
| 45 | 22C | 3 | State Police Reform | Allows 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» |
| 46 | 22C | 10 | State Police Reform | Corrects gendered pronouns. Full Text» |
| 47 | 22C | 10 | State Police Reform | Corrects gendered pronouns. Full Text» |
| 48 | 22C | 10 | State Police Reform | Corrects gendered pronouns. Full Text» |
| 49 | 22C | 10 | State Police Reform | Makes 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» |
| 50 | 22C | 10 | State Police Reform | Corrects gendered pronoun. Full Text» |
| 51 | 22C | 10A | State Police Reform | Establishes 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» |
| 52 | 22C | 11 | State Police Reform | Corrects gendered pronoun. Full Text» |
| 53 | 22C | 11 | State Police Reform | Establishes 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» |
| 54 | 22C | 13 | State Police Reform | Grants 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» |
| 55 | Deleted. | |||
| 56 | Deleted. | |||
| 57 | 26 | State Police Reform | Changes 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» | |
| 58 | 22C | 23 | State Police Reform | Makes technical change to affirmative action office section to facilitate cadet program. Full Text» |
| 59 | 22C | 23 | State Police Reform | Makes technical change to affirmative action office section to facilitate cadet program. Full Text» |
| 60 | Deleted. | |||
| 61 | Deleted. | |||
| 62 | Deleted. | |||
| 63 | 22C | 63 | Police Training | Establishes that employees of colleges, universities, other educational institutions and hospitals, who are appointed as special officers, are subject to POST certification requirements. Full Text» |
| 64 | 22C | 64 | Police Training, State Police Reform | Establishes that employees of the civil defense agency, who are appointed as special state police officers, are subject to POST certification requirements. Full Text» |
| 65 | 22C | 68 | Police Training, State Police Reform | Establishes that Special Investigations Bureau employees, who are appointed as special state police officers, are subject to POST certification requirements. Full Text» |
| 66 | Deleted. | |||
| 67 | 31 | 2 | Oversight | Expressly prohibits Civil Service Commission from hearing POST Commission appeals in its duties and powers. Full Text» |
| 68 | 31 | 42 | Oversight | Expressly 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» |
| 69 | 31 | 43 | Oversight | Expressly 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» |
| 70 | 40 | 36C | Police Training | Strikes 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» |
| 71 | Deleted. | |||
| 72 | 40 | 36C | Police Training | Strikes word "police" and replaces with "law enforcement" in training mandate on suicide detection, intervention and prevention. Full Text» |
| 73 | 41 | 96A | Police Accountability | Prohibits decertified officers from appointment as police officers. Full Text» |
| 74 | Deleted. | |||
| 75 | Deleted. | |||
| 76 | Deleted. | |||
| 77 | 41 | 97H | Police Accountability | Establishes that non-disclosure agreements shall not be used in police misconduct settlements unless the complainant requests such provision in writing. Full Text» |
| 78 | 71 | 37L | Juvenile Justice | Prohibits school departments from sharing certain specified student information, including immigration status, and suspected, alleged, or confirmed gang affiliation with law enforcement. Full Text» |
| 79 | 71 | 37P | Juvenile Justice | Strikes 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» |
| 80 | 75 | 32A | Police Training | Requires that full-time UMass Police Officers be certified by POST. Full Text» |
| 81 | Deleted. | |||
| 82 | Deleted. | |||
| 83 | 90 | 63 | Racial Justice, Accountability | Establishes 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» |
| 84 | 90C | 2 | Police Training and Oversight | Requires state university and community college police to attend MPTC 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» |
| 85 | 111 | 1 | Data Collection | Defines "law enforcement-related injuries and death." Full Text» |
| 86 | 111 | 6E | Data Collection | Requires data collection and reporting on law enforcement-related injuries and death. Full Text» |
| 87 | 111B | 8 | Adds "or Dukes County Sheriff's office" to every reference to police station in the section on protective custody for intoxicated persons. Full Text» | |
| 88 | Deleted. | |||
| 89 | Deleted. | |||
| 90 | 231 | 85BB | Police Accountability | Creates 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» |
| 91 | 265 | 13H 1/2 | Police Accountability | Creates 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» |
| 92 | 265 | 22 | Police Accountability | Establishes 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» |
| 93 | Deleted. | |||
| 94 | 276 | 2D | Police Accountability | Limits 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, unless there is a credible risk of imminent harm to such minors or seniors. 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» |
| 95 | 276 | 100F | Juvenile Justice | Allows for expungement of not more than 2 records as adjudicated delinquent or youthful offender. Full Text» |
| 96 | 276 | 100G | Juvenile Justice | Allows for the expungement of not more than 2 records of conviction. Full Text» |
| 97 | 276 | 100H | Juvenile Justice | Allows 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» |
| 98 | 276 | 100I | Juvenile Justice | Establishes 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» |
| 99 | N/A | N/A | Police Accountability | Requires every law enforcement agency to report to POST the comprehensive disciplinary record for each law enforcement officer currently employed. Requires the POST to provide each law enforcement agency a list of officers currently employed in the Commonwealth, and for said agencies to report to POST the comprehensive disciplinary record for each law enforcement officer previously employed by said agency. Full Text»P |
| 100 | N/A | N/A | Police Accountability | Staggers the terms for Massachusetts Peace Officer Standards and Training Commission initial appointments. Full Text» |
| 101 | N/A | N/A | Police Accountability | Creates appointment deadlines for Massachusetts Peace Officer Standards and Training Commission. Full Text» |
| 102 | N/A | N/A | Police Certification | Grandfathers law enforcement officers, who have completed an academy and are appointed as a law enforcement officer as of 12/1/21 for purposes of MPTC certification. Provides that training waivers granted by MPTC expire 6 months after the effective date of the section. Allows the MPTC to grant training waivers. Establishes that grandfathered certifications expire based on last name after 1, 2 or 3 years. Full Text» |
| 103 | N/A | N/A | Commissions | Establishes 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» |
| 104 | N/A | N/A | Commissions | Establishes 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» |
| 105 | N/A | N/A | Commissions | Establishes a special commission to conduct a study on the use of facial recognition and make recommendations for the regulation of its use. Full Text» |
| 106 | N/A | N/A | Commissions | Establishes a special commission on emergency hospitalizations. Full Text» |
| 107 | N/A | N/A | Commissions | Establishes 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» |
| 108 | N/A | N/A | Commissions | Establishes a special commission to study the establishment of a statewide law enforcement officer cadet program. Full Text» |
| 109 | N/A | N/A | Police Certification, Juvenile Justice | Requires School Resource Officer certification by December 31, 2021. Full Text» |
| 110 | N/A | N/A | Commissions | Establishes a special commission on structural racism in correctional facilities of the Commonwealth. Full Text» |
| 111 | N/A | N/A | Commissions | Establishes a special commission on structural racism in the parole process. Full Text» |
| 112 | N/A | N/A | Commissions | Establishes a special commission on structural racism in the Massachusetts probation service. Full Text» |
| 113 | N/A | N/A | Commissions | Creates 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» |
| 114 | N/A | N/A | Commissions | Staggers terms for initial appointments to the Permanent Commission on the Status of Black Men and Boys. Full Text» |
| 115 | N/A | N/A | Study | Requires the MPTC 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» |
| 116 | N/A | N/A | Commissions | Establishes a special commission to study the impact to the administration of justice of the qualified immunity doctrine in the Commonwealth. Full Text» |
| 117 | N/A | N/A | Study | Tasks 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» |
| 118 | N/A | N/A | Police Training | Requires the MPTC 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» |
| 119 | N/A | N/A | Police Training | Requires the MPTC 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» |
| 120 | N/A | N/A | Juvenile Justice | Makes 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» |
| 121 | Deleted. | |||
| 122 | Many provisions of the bill are effective July 1, 2021. Full Text» | |||
| 123 | N/A | N/A | Requires the promulgation of use of force regulations pursuant to (d) of Sec. 15 of 6E September 1, 2021. Full Text» | |
| 124 | N/A | N/A | Makes use of force changes pursuant to (a) of Sec. 14 of 6E effective December 1, 2021. Full Text» |
Sections of New Chapter 6E
| M.G.L. Ch. 6E Sec. | Subsection | Summary |
|---|---|---|
| 1 | Creates definitions related to the Massachusetts Peace Officer 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 Peace Officer 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 appointed from a list submitted by the Massachusetts Law Enforcement Policy Group, 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 jointly with the MPTC 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 in consultation with MPTC 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 Certification to establish uniform policies and standards for the certification of all law enforcement officers. The head of the division is the Certification Director, appointed by the commission. Full Text » |
| 4 | (d), (f)-(j) | No person shall be eligible for admission to police schools, programs or academies or employment as a law enforcement officer or in a law enforcement agency if they appear in the national decertification index. Requires the DPC and MPTC to jointly 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 » |
| 5 | All law enforcement agencies shall be certified by the commission. Establishes that the DPC in consultation with the MPTC, subject to the approval of the commission, 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 » | |
| 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 commission publish revocation orders and findings and to provide all revocation information to the national decertification index. Prevents officers from applying for certification following decertification. Requires appointing agency complete an internal affairs investigation into officer misconduct and issue a final disposition within one year of receiving a complaint or notice from the commission of the complaint being filed. The commission may, for good cause, extend the time to complete the investigation. 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 » |
| 11 | Prohibits any agency, sheriff or EOPSS from employing or contracting with a decertified officer in any capacity. Full Text » | |
| 12 | Prohibits retaliation for cooperating with the commission. Full Text » | |
| 13 | Requires 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 » |
| 16 | Requires 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 » |