HOUSE DOCKET, NO. 2983        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1208

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

John J. Binienda

_________________

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 for the protection and safety of police officers.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

John J. Binienda

17th Worcester

 


HOUSE DOCKET, NO. 2983        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1208

By Mr. Binienda of Worcester, a petition (accompanied by bill, House, No. 1208) of John J. Binienda relative to the safety and protection of police officers in the execution of police warrants.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3141 OF 2011-2012.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act for the protection and safety of police officers.

 

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

Chapter 276 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 2C the following section:

   Section 2D. (a) A police officer executing a search warrant shall knock and announce his presence and purpose before forcibly entering a residence.

   (b) An officer may dispense with the requirement of subsection (a) if the officer has a reasonable suspicion that an announced entry will jeopardize the safety of officers or others, permit the destruction of evidence, or allow an occupant of the residence to escape.

   (c)  A search warrant shall authorize an officer to dispense with the requirement of subsection (a) if an affidavit discloses a reasonable suspicion that an announced entry will jeopardize the safety of officers or others, permit the destruction of evidence, or allow occupants of the residence to escape.  When executing such a search warrant, an officer shall not be required to reappraise his suspicions at the time of the search.

   (d) Evidence seized under subsections (b) and (c) shall be suppressed if subsequent judicial review determines that the officers lacked the requisite reasonable suspicion.