HOUSE DOCKET, NO. 4641        FILED ON: 3/7/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4472

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan and Marjorie C. Decker

_________________

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 prohibiting police officers from engaging in sexual relations while on duty.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kay Khan

11th Middlesex

3/7/2018

Marjorie C. Decker

25th Middlesex

3/7/2018

Ruth B. Balser

12th Middlesex

3/20/2018

Christine P. Barber

34th Middlesex

3/21/2018

Michael J. Barrett

Third Middlesex

3/22/2018

Sonia Chang-Diaz

Second Suffolk

3/12/2018

Mike Connolly

26th Middlesex

3/7/2018

Cynthia Stone Creem

First Middlesex and Norfolk

3/22/2018

Sal N. DiDomenico

Middlesex and Suffolk

3/9/2018

Diana DiZoglio

14th Essex

3/15/2018

Carolyn C. Dykema

8th Middlesex

3/12/2018

James B. Eldridge

Middlesex and Worcester

3/9/2018

Carmine L. Gentile

13th Middlesex

3/9/2018

Kenneth I. Gordon

21st Middlesex

3/9/2018

Stephan Hay

3rd Worcester

3/12/2018

Natalie Higgins

4th Worcester

3/8/2018

Kate Hogan

3rd Middlesex

3/12/2018

Patricia D. Jehlen

Second Middlesex

3/9/2018

Mary S. Keefe

15th Worcester

3/19/2018

Jack Lewis

7th Middlesex

3/7/2018

Jay D. Livingstone

8th Suffolk

3/16/2018

Paul W. Mark

2nd Berkshire

3/12/2018

Denise Provost

27th Middlesex

3/9/2018

David M. Rogers

24th Middlesex

3/9/2018

Byron Rushing

9th Suffolk

3/12/2018

Frank I. Smizik

15th Norfolk

3/20/2018

Paul Tucker

7th Essex

3/15/2018

Andres X. Vargas

3rd Essex

3/15/2018

Chris Walsh

6th Middlesex

3/12/2018

Bud Williams

11th Hampden

3/15/2018


HOUSE DOCKET, NO. 4641        FILED ON: 3/7/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4472

By Representatives Khan of Newton and Decker of Cambridge, a petition (subject to Joint Rule 12) of Kay Khan, Marjorie C. Decker and others for legislation to prohibit police officers from engaging in sexual relations while on duty.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act prohibiting police officers from engaging in sexual relations while on duty.

 

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 268 of the General Laws is hereby amended by inserting after section 21A the following section:-

Section 21B. For purposes of this section, “police officer”  shall mean any officer of a municipal police department, the office of environmental law enforcement, the University of Massachusetts, the department of the state police or the Massachusetts Bay Transportation Authority police department.

A police officer who, while on duty or while acting in their official capacity as an officer, engages in sexual relations with anyone who is under arrest, in detention, otherwise in the actual custody of said officer, or who the officer is interacting with in their official capacity, shall be punished by imprisonment for not more than 5 years in a state prison or by a fine of $10,000, or both. In a prosecution commenced under this section, a person shall be deemed incapable of consent to sexual relations with such officer. For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.