Section by Section of S2820

This section by section analysis of Senate 2820 — the Reform Shift and Build Act — was prepared by Andrew Bettinelli, my Chief of Staff, and Anne Landry, my Chief Legal Counsel. Questions can be directed to them. For more discussion and analysis of the act, please see this page. For the full text of the act, please follow this link.

Bill Section	MGL Ch	MGL Sec	Category	Subcategory	Brief Description
1	3	72	Fight Racism	Commission on the status of African Americans	Creates the Commission on the Status of African Americans, which shall be a resource to the Commonwealth on issues affecting African Americans. It shall be a primary function of the commission to make policy recommendations to the general court and executive agencies that: (i) ensure African Americans equitably benefit from and have access to government services; (ii) amend laws, policies and practices that have benefited citizens of the commonwealth to the exclusion of African Americans; and (iii) promote solutions that address the impact of discrimination against African Americans. The commission shall receive settlement funds payable to the commonwealth related to matters involving racial discrimination or other bias toward African Americans; provided, however, that the commission shall not receive more than $2,000,000 in settlement funds in any single fiscal year or cumulatively more than $2,500,000 in settlement funds in any period of 5 fiscal years.
1	3	73	Fight Racism	Commission on the status of Latinxs	Creates the Commission on the Status of Latinxs, which shall make policy recommendations, based on research and analysis, to the general court and executive agencies that: (i) ensure Latinxs equitably benefit from and have access to government services in the same manner as other citizens of the commonwealth; (ii) amend laws, policies and practices that have benefited citizens of the commonwealth to the exclusion of Latinxs; and (iii) promote solutions that address the impact of discrimination against Latinxs
2	4	7	Police Accountability	Misconduct Investigations	Specifies that personnel files, medical files or information and any other materials or data in a police misconduct investigation relating to a specifically named individual are excluded from public records.
3	6	116	Police Accountability	Police Training	Updates the MPTC powers and duties: specifies which officers are subject to MPTC requirements; sets policies and standards for background investigations, including verification against the National Decertification Index, and the database maintained by the POSAC; maintains a record of trainings for officers, and issues confirmations of such trainings; establishes training requirements, including statutory mandates; and requires that every 3 years, the MPTC shall complete a review of its curriculum, training materials and practices.
4	6	116G	Police Accountability	Police Training	Updates the statutory mandate bias-free policing, de-escalation and disengagement training section to include updates to training in de-escalation, mental illness and disability, and new training requirements on: mass gatherings or protests, slavery, lynching, racist legal institutions, racism and police officer stress management.
5	6	116H	Police Accountability	Police Training	Creates a new statutory mandate for initial and in-service training on the regulation of physical force under section 4 of chapter 147A.
5	6	116I	Police Accountability	Police Training	Creates a new statutory mandate for School Resource Officer in-service training.
6	6	220	Police Accountability	POSAC	Creates POSAC definitions: appointing authority; law enforcement officer; municipal police training committee; national decertification index; police officer standards and accreditation committee; and sustained complaint of misconduct.
6	6	221	Police Accountability	POSAC	Creates 14 member POSAC, to include six law enforcement officers, seven civilians, and one retired judge. The governor selects law enforcement appointees from enumerated police categories, the civilian appointees include 1 nominated by the ACLU, 2 by the NAACP, 1 by Lawyers for Civil Rights, 2 by the Massachusetts Black and Latino Legislative Caucus, and 1 personally involved in the criminal justice system. The Attorney General would appoint 1 member from an advocacy organization for communities with high police interaction. Terms shall be 3 years, members are compensated. The Governor appoints the chair, the POSAC selects the Executive Director. The committee shall employ such attorneys, investigators and support staff as are reasonably necessary.
6	6	222	Police Accountability	POSAC	Specifies the powers and duties of the POSAC. The POSAC shall: certify, renew, revoke or otherwise modify the certification of any law enforcement officer. The POSAC shall issue additional certification for School Resource Officers. The POSAC shall receive complaints, conduct investigations, and request that investigations are conducted by officer's appointing authority. The POSAC shall promulgate regulations.
6	6	223	Police Accountability	POSAC	Establishes that a person shall not be employed as a law enforcement officer unless certified by POSAC. Creates requirements for initial appointment as a law enforcement officer. Requires POSAC maintain a searchable public facing officer database including officer certification and misconduct information. Requires POSAC maintain a searchable public facing database of complaints. Requires an annual report on all misconduct investigations. Sets certificate renewal and training requirements. Establishes de-escalation recognition by POSAC. Requires POSAC collaborate with MPTC regarding training.
6	6	224	Police Accountability	POSAC	Requires that appointing authorities report misconduct complaints to POSAC within 2 days, and vice versa. Officers shall be notified. POSAC may conduct an investigation of misconduct which would not lead to mandatory decertification. POSAC shall conduct an investigation of misconduct which would lead to mandatory decertification. Officer misconduct reports, investigations. POSAC shall have subpoena power. POSAC may hold hearings, an officer has a right to counsel and to submit testimony. Requires a vote of the POSAC to sustain a complaint, prior to which the officer has a right to a hearing.
6	6	225	Police Accountability	POSAC	Enumerates mandatory decertification offenses. Authorizes discretionary de-certification. Establishes revocation proceedings, and permits an officer to request a suspension of such proceedings for up to a year. Officer has the right to counsel and opportunity to be heard. An officer may be decertified after sustained complaint of misconduct, by clear and convincing evidence and a majority vote of POSAC. Decertification may be appealed in Superior Court but not to Civil Service Commission. Notification will be sent to the National Decertification Index.
7	6A	18	Police Accountability	POSAC	Establishes POSAC as a division within EOPSS.
8	6A	18.5	Police Accountability	POSAC	Establishes POSAC as reporting to the Undersecretary for Law Enforcement.
9	12	11H½	Police Accountability	Remedies for Misconduct	Creates a new section of the General Laws to prevent government authorities from engaging in a pattern and practice civil rights violations or discrimination. Authorizes the attorney general to bring a civil action for injunctive or other appropriate equitable and declaratory relief to eliminate the pattern or practice. This section grants the Attorney General subpoena power for such cases.
10	12	11I	Police Accountability	Remedies for Misconduct- Massachusetts Civil Rights Act and qualified immunity	Allows individuals to bring claims under the Massachusetts Civil Rights Act without requiring threats, coercion, or intimidation, and specifies that qualified immunity shall not apply in the context of the Massachusetts Civil Rights Act unless no reasonable defendant could have had reason to believe that such conduct would violate the law at the time the conduct occurred. It clarifies that nothing in this section shall affect the provisions of chapter 258 with respect to indemnification of public employees.
11	12	11J	Police Accountability	Remedies for Misconduct	Makes technical amendments to conform to the changes this bill makes under Section 11I of Chapter 12 (the Massachusetts Civil Rights Act).
12	19	11J	Police Accountability	Remedies for Misconduct	Makes technical amendments to conform to the changes this bill makes under Section 11I of Chapter 12 (the Massachusetts Civil Rights Act).
13	19	25	Shift Resources	Mental Health Intervention	Changes the name of the Center for Police Training in Crisis Intervention to the Center for Responsive Training in Crisis Intervention.
14	19	25	Shift Resources	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.
15	19	25	Shift Resources	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.
16	19	25	Shift Resources	Mental Health Intervention	Updates community policing and behavioral health advisory council.
17	22C	3	Police Accountability	State Police Reform	Corrects gendered pronoun.
18	22C	3	Police Accountability	State Police Reform	Governor may appoint State Police Colonel from outside of the ranks of the State Police. Eliminates the requirement the Colonel is an employee of the department prior to appointment. Appointee must 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.”
19	22C	10	Police Accountability	State Police Reform	Gendered Pronoun Correction
20	22C	10	Police Accountability	State Police Reform	Gendered Pronoun Correction
21	22C	10	Police Accountability	State Police Reform	Changes to initial appointment section necessary to permit the Governor to appoint State Police Colonel from outside of the ranks of the State Police.
22	22C	10	Police Accountability	State Police Reform	Corrects gendered pronoun.
23	22C	10	Police Accountability	State Police Reform	Corrects gendered pronoun.
24	22C	10A	Police Accountability	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. Cadets would not carry arms, and would not have the power of arrest. Upon the successful completion of the program, Cadets may be appointed as uniformed members of the state police.
25	22C	11	Police Accountability	State Police Reform	Technical change to initial appointment section to permit cadet program.
26	22C	11	Police Accountability	State Police Reform	Corrects gendered pronoun.
27	22C	11	Police Accountability	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.
28	22C	13	Police Accountability	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. An officer subject to an administrative suspension of more than a year may appeal to Civil Service 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. This lesser discipline cannot be appealed to Civil Service, but may be appealed to the Colonel and Superior Court.
29	22C	20	Police Accountability	State Police Reform	Exempts the Colonel from initial training requirements for members of the State Police in order to facilitate a Colonel appointed from outside of the ranks of the State Police.
30	22C	20	Police Accountability	Police Training	Ensures that all relevant statutory training mandates that apply to MPTC, apply to State Police.
31	22C	23	Police Accountability	State Police Reform	Technical change to affirmative action office section to facilitate appointed colonel.
32	22C	23	Police Accountability	State Police Reform	Technical change to affirmative action office section to facilitate cadet program.
33	22C	26	Police Accountability	State Police Reform	Changes the State Police promotions formulas and removes the oral interview component for promotion to commissioned officer. Increases the rate at which longevity points accrue for Sargent and Lieutenant in order to increase the pool of eligible candidates for these positions.
34	29	1	Shift Resources	Demilitarize the police	Defines "federal agency."
35	29	1	Shift Resources	Demilitarize the police	Defines "law enforcement agency."
36	29	1	Shift Resources	Demilitarize the police	Defines "local legislative body" and "military grade controlled property."
37	29	2IIIII	Shift Resources	Justice Reinvestment	Establishes a Criminal Justice and Community Support Trust Fund, to issue grants for: the support of jail diversion programs for persons with mental illness or substance use disorder; training for law enforcement in evidence-based mental health and substance use crisis response; patient-focused community services for frequent users of emergency departments suffering from mental illness or substance use disorder; and, planning and implementation of restoration centers to divert individuals suffering from mental illness or substance use disorder, from lock-up facilities and hospital emergency departments to appropriate treatment.
37	29	2JJJJJ	Shift Resources	Justice Reinvestment	Establishes a Justice Reinvestment Workforce Development Fund. Requires EOHED to determine the difference between the combined population of the department of correction and the houses of correction in fiscal year 2019 multiplied by the rate of total population growth of the commonwealth since fiscal year 2019 and the actual combined population of the department of correction and the houses of correction in that year, and then multiply the difference by the average marginal cost rate per inmate. This calculation shall be reported to clerks of the senate and house, SWM and HWM and A&F. Not more than one half of the product of this calculation, but not more than $10,000,000, shall be transferred, to the fund annually. Money in the fund shall be competitively granted to develop and strengthen communities with a high percentage of individuals in the target population.
38	29	6B	Shift Resources	Demilitarize the police	Notice requirements for applications for federal grants by a state agency and the receipt and expenditure of federal funds, including annual maintenance costs of military grade controlled property.
39	29	6B	Shift Resources	Demilitarize the police	Requires approval of the relevant agency secretary, a public hearing and comment period for state agencies to acquire military grade controlled property or related funds. Requires state agencies file a report with the clerks of the senate and house of representatives, the joint committee on ways and means and the joint committee on public safety and homeland security upon approval of a such applications.
40	29	6B 1/2	Shift Resources	Demilitarize the police	Requires i) notice to the local legislative body, ii) a hearing, iii) written response to questions and concerns, and iv) local legislative approval before a local law enforcement agency can acquire military property. Requires i) notice to all local legislative bodies and ii) EOPSS Sec. approval before a regional law enforcement council can acquire military property, additionally they must file report with clerks of the senate and house, SWM, HWM and the joint committee on public safety and homeland securtiy. Requires sheriff's department must have EOPSS Sec. approval, who must notice the public, and hold a hearing and a comment period, before the sheriff can acquire military property, additionally they must file report with clerks of the senate and house, SWM, HWM and the joint committee on public safety and homeland security.
41	31	2	Police Accountability	POSAC	Expressly prohibits Civil Service Commission from hearing POSAC appeals in its duties and powers.
42	31	42	Police Accountability	POSAC	Expressly prohibits Civil Service Commission from hearing POSAC appeals in section relative to jurisdiction to hear appeals.
43	31	43	Police Accountability	POSAC	Expressly prohibits Civil Service Commission from hearing POSAC appeals in hearings section.
44	41	96B	Police Accountability	Police Training	Corrects gendered pronoun.
45	41	96B	Police Accountability	Police Training	Updates the name of Municipal Police Training Committee.
46	41	96B	Police Accountability	Police Training	Corrects gendered pronoun.
47	41	96B	Police Accountability	Police Training	Corrects gendered pronoun.
48	41	98H	Police Accountability	Remedies for Misconduct	Prohibits the use of non-disclosure and non-disparagement agreements in police misconduct settlements, except to for provisions to protect the privacy of the complainant.
49	71	37L	Shift Resources	School to prison pipeline	Prohibits school departments from sharing certain student information with police except for the purposes of completing a report pursuant to sections 51A or 57 of chapter 119 or filing a weapon report with the local chief of police pursuant to this section.
50	71	37P	Shift Resources	School to prison pipeline	Removes requirement that a school district apply for a waiver from the requirement of having a school resource officer; instead, makes leaves school resource officers subject to the discretion of the superintendent and subject to appropriation; requires the superintendent annually, not later than August 1, to report to the department of elementary and secondary education and publicly present to the relevant school committee: (i) the cost to the school district of assigning a school resource officer; (ii) a description of the proposed budget for mental, social or emotional health support personnel for the school; and (iii) the number of school-based arrests, citations and court referrals made in the previous year disaggregated as required by the department of elementary and secondary education.
51	71	37P	Shift Resources	School to prison pipeline	Requires DESE to collect data and report on number of school resource officers and mental and social emotional health support personnel.
52	90	63	Fight Racism	Reduce burden of policing on POC/ Data Collection	Bans racial profiling by law enforcement entities. Requires racial data collection from all police motor vehicle stops or stop and frisks. Requires a law enforcement officer issue a receipt for any stop that does not result in a citation or written warning. Requires each law enforcement agency conduct a quarterly analysis of their stops to ensure compliance. Establishes data reporting requirements from all departments to EOPSS. Requires EOPSS transmit all data collected to a University or non-profit for analysis and a report. Requires an annual report from EOPSS.
53	111	1	Fight Racism	Data Collection	Defines "law enforcement-related injuries and deaths."
54	111	6E	Fight Racism	Data Collection	Requires DPH to collect and report data on law enforcement-related injuries and deaths.
55	147A	1	Reduce the risk of misconduct	Use of Force	Creates definitions for new chapter 147A of the General Laws establishing use of force standards.
55	147A	2	Reduce the risk of misconduct	Use of Force	Establishes the right against use of force prohibited by the section, enforceable through the Massachusetts Civil Rights Act. Sets standards for use of force and use of deadly force, prohibits choke holds, limits when an officer may fire into a moving vehicle. Creates an obligation on law enforcement agencies to attempt to coordinate with organizers in advance of a mass demonstration, creates a framework limiting the use of canines, tear gas, chemical weapons, and rubber pellets.
55	147A	3	Reduce the risk of misconduct	Use of Force	Establishes a statutory duty to intervene by law enforcement and a corresponding right to have law enforcement officers intervene in cases of unreasonable or unnecessary force by law enforcement. Creates reporting requirements and requires departments to establish a policy and procedure for reporting.
55	147A	4	Reduce the risk of misconduct	Use of Force	Requires the MPTC to promulgate regulations to implement this chapter.
56	231	85BB	Police Accountability	State Police Reform	Creates a civil penalty for any police officer “employed by a state agency or state authority, …or by a city or town…” who knowingly submits a false or fraudulent claim of hours worked for payment and receives payment; knowingly makes, uses, or causes to be made or used a false record or statement material to a fraudulent claim of hours worked for payment that results in any police officer receiving that payment; or any person who conspires to commit such fraud. Penalty is treble damages, attorney's fees and court costs.
57	265	22	Reduce the risk of misconduct	Police Misconduct	Establishes that sex between a law enforcement officer and a person in their custody is rape subject to the existing penalty structure under Section 22 of Chapter 265.
58	276	2D	Reduce the risk of misconduct	Use of Force	Limits the issuance of no knock warrants to those issued by a judge, only available if the life of the officer or someone else would be at risk if they were to announce.
59	276	100F	Shift Resources	School to prison pipeline	Allows for expungement of multiple records as adjudicated delinquent or youthful offender.
60	276	100G	Shift Resources	School to prison pipeline	Makes a technical edit to allow for the expungement of multiple records as newly allowed in Section 59 of the bill.
61	276	100I	Shift Resources	School to prison pipeline	Allows for the expungement of multiple records, not simply one offense.
62	N/A	N/A	Police Accountability	State Police Reform	EOPSS shall create a system whereby State Police details assigned by a civilian employee or contractor
63	N/A	N/A	Reduce the risk of misconduct	Corrections	Creates a special commission to make recommendations for training and use of force standards for state and county corrections officers.
64	N/A	N/A	Police Accountability	Transparency	Creates 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.
65	N/A	N/A	Police Accountability	Transparency	Establishes a facial surveillance moratorium for the state and municipalities through until December 31, 2021. Creates a special commission to study the use of facial recognition by the department of transportation and law enforcement agencies, and to make recommendations to the legislature.
66	N/A	N/A	Shift Resources	Mental Health Intervention	Requires the Community Policing and Behavioral Health Advisory Council to study and make recommendations to create a crisis response and continuity of care system that delivers alternative emergency services and programs across the commonwealth that reflect specific regional, racial, ethnic and sexual orientation needs and differences in delivering such services.
67	N/A	N/A	Fight Racism	Reduce burden of policing on POC/ Data Collection	Establishes a special commission to: make an investigation and study how to dismantle structural racism in a systemic way that eliminates the violence of arrest, disparities of incarceration and barriers to positive community re-entry; review where and how the systemic presence of structural and institutional racism in the department of correction has generated a culture or practices and policies that produce racial inequality, trauma or disparate impacts and outcomes by race among and between incarcerated persons; recommend policies within the department of correction that focus on restorative justice program access, health care continuums, public health and behavioral health impacting people of color in the commonwealth such as socially determinative conditions regarding incarceration, probation, parole and community reentry; propose programs for implementation by the department of correction that benefit correction community members; and, provide a road map for the establishment of a publicly-funded permanent government entity with expertise to dismantle structural racism.
68	N/A	N/A	Police Accountability	EOPSS	Requires EOPSS study the feasibility and recommend a plan on ensuring that all municipal law enforcement departments achieve a minimum level of accreditation.
69	N/A	N/A	Police Accountability	POSAC	Grandfathers law enforcement officers, who have completed an academy and are appointed as a law enforcement officer as of the effective date, a POSAC certificate. These grandfathered certificates expire on a rolling three year basis, depending on last name.
70	N/A	N/A	Police Accountability	POSAC	Staggers terms for POSAC appointees.
71	N/A	N/A	Shift Resources	Justice Reinvestment	Staggers terms for the Board of Directors of the Justice Reinvestment Workforce Development Fund.
72	N/A	N/A	Shift Resources	School to prison pipeline	Makes expungement rules retroactive and allows a person to refile a petition for expungement that was denied prior to the effective date because they had more than 1 record as an adjudicated delinquent or youthful offender or of a conviction.
73	N/A	N/A	Police Accountability	Police Training	Requires MPTC issue guidance on developmentally appropriate de-escalation and disengagement tactics, techniques and procedures and other alternatives to the use of force for minor children.
74	N/A	N/A	Police Accountability	Police Training	Requires School Resource Officer certification by August 1, 2021.
75	N/A	N/A	Police Accountability	Police Training	Requires the MPTC complete a 10 year strategic plan by July 1, 2021, and file said plan with the clerks of the senate and house, SWM, HWM and the joint committee on public safety and homeland security.
76	N/A	N/A	Police Accountability	Police Training	Requires the MPTC to complete a review of its training by January 1, 2023
77	N/A	N/A	Police Accountability	Police Training	POSAC use of force regulations by not later than July 1, 2021 *THIS IS AN ERROR, the MPTC has to promulgate regs*
78	N/A	N/A	Police Accountability	Police Training	Requires EOPSS promulgate regulations for police departments 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.
79	N/A	N/A	Shift Resources	Justice Reinvestment	Makes Justice Reinvestment Workforce Development Fund effective in fiscal year 2022.
80	N/A	N/A	Fight Racism	Reduce burden of policing on POC/ Data Collection	Makes racial profiling and data collection sections effective 1 year after the date of the act.