SENATE DOCKET, NO. 8        FILED ON: 1/10/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1128

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to indemnity of probation and court officers..

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

Section 1: Chapter 258 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after section 9A, the following section:  Section 9B. If, in the event a suit is commenced against a Probation or Court Officer employed by the Trial Court, by reason of a claim for damages resulting from an alleged intentional tort or by reason of an alleged act or failure to act which constitutes a violation of the civil rights of any person under federal or state law, the commonwealth, at the request of the affected officer, shall provide for the legal representation of said officer.  The commonwealth shall indemnify Probation or Court Officers employed by the Trial Court, respectively, from all personal financial loss and expenses, including but not limited to legal fees and costs, if any, in an amount not to exceed one million dollars arising out of any claim, action, award, compromise, settlement or judgment resulting from any alleged intentional tort or by reason of an alleged act or failure to act which constitutes a violation of the civil rights of any person under federal or state law; provided, however, that this section shall apply only where such alleged intentional tort or alleged act or failure to act occurred within the scope of the official duties of such officer.

            No Probation or Court Officer employed by the Trial Court shall be indemnified for any violation of federal or state law if such member or employee acted in a willful, wanton, or malicious manner.