HOUSE DOCKET, NO. 2451        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3146

The Commonwealth of Massachusetts

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PRESENTED BY:

John P. Fresolo

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to a policeman's bill of rights.

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PETITION OF:

HOUSE DOCKET, NO. 2451        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3146

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1380 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to a policeman's bill of rights.

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 31 of the General Laws, as appearing in 2 the 2000 Official Edition, is hereby amended by adding the 3 following new section:--

Section 4IB. The interrogations into alleged misconduct of a police officer shall take place at a location designated by the investigating officer. The officer shall be informed of the rank, name and command of the officer in charge of the investigation and of all persons present during the interrogation. The officer shall be informed of the nature of the interrogation and shall be informed of the name of all complainants. The interrogation shall be conducted at a reasonable hour and in a reasonable manner, preferably at a time when the officer is on duty. Interrogation sessions shall be for reasonable periods and 14 shall be flexible to allow for personal necessities. The law enforcement officer shall not be subject to offensive language or be threatened with transfer, dismissal, or disciplinary action. If the police officer is under arrest or is likely to be placed 18 under arrest, he shall be completely informed of all his rights prior to commencement of the interrogation. At the officer's request, he shall have the right to be represented by counsel. All questions and answers shall be recorded by a stenographer. No law enforcement officer shall be discharged, disciplined, demoted, denied transfer or reassignment with regard to his employment, or be threatened with any such treatment by reason of his exercise of the rights granted by this section.

SECTION 2. Section 25 of Chapter 268A of the General Laws, as appearing in the 1988 Official Edition, is further amended by adding after the fifth paragraph the following new paragraph:-- Police officers charged with alleged misconduct committed during the course of duty shall be subject to the provisions of sections 41, 41B and 43 of Chapter 31 of the General Laws.

SECTION 3. Section 43 of Chapter 31 of the General Laws, as appearing in the 1988 Official Edition, is hereby further amended by adding in line two after the word "forty-one" the following:-- "or forty-one B, he".

SECTION 4. Section 9A of Chapter 258 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting in line two after the words "capitol police", the following:-- "a municipal police officer".

SECTION 5. Section 9A of Chapter 258 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting in line 11 and line 23, after the words "capitol police" the following:-- "municipal police officers"