Bill H.1372

HOUSE DOCKET, NO. 3243 FILED ON: 1/18/2019

HOUSE . . . . . . . . . . . . . . . No. 1372

By Mr. Cahill of Lynn, a petition (accompanied by bill, House, No. 1372) of Daniel Cahill and others relative to constables. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2252 OF 2017-2018.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to constables.

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. Section 10C of Chapter 21A of the General Laws is hereby amended by deleting the words “and constables, except for the service of civil process” as they appear in lines 9 and 10.

SECTION 2. Section 10 of Chapter 22C of the General Laws is hereby amended by deleting the words “constables, except the service of civil process, and of” and the words “and watchmen” as they appear in lines 7 and 8.

SECTION 3. Section 54 of Chapter 22C of the General Laws is hereby amended by deleting the word “Constables,” as it appears in line 1.

SECTION 4. Section 57 of Chapter 22C of the General Laws is hereby amended by deleting the words “constables and” as they appear in line 14.

SECTION 5. Section 20 of Chapter 30A of the General Laws is hereby amended by deleting the words “constable or other” as it appears in subsection (g), and inserting the word “police” in place thereof.

SECTION 6. Section 13 of Chapter 34 of the General Laws is hereby amended by deleting the words “or constables” as they appear in line 6.

SECTION 7. Section 13 of Chapter 34 of the General Laws is hereby amended by inserting the word “or” before the words “a deputy sheriff”.

SECTION 8. Section 17 of Chapter 39 of the General Laws is hereby amended by deleting the words “constable or any other person” as they appear in line 6, and inserting the words “police officer” in place thereof.

SECTION 9. Section 37 of Chapter 40 of the General Laws is hereby amended by deleting the word “constables” as it appears in line 2.

SECTION 10. Section 91B of Chapter 41 of the General Laws is hereby amended by deleting the words “upon request give the appointing authority all possible assistance in making such investigation.” as they appear in line 14, and inserting the following in place thereof: “conduct a background investigation of the applicant, said investigation to include a review of the applicant's criminal history, if any, to include a review of the applicant's criminal record in all other states by the submission of a full set of the applicant's fingerprints pursuant to Sections 168, 172 and 28 U.S.C. Section 534. The Secretary of Public Safety shall have the authority to promulgate regulations regarding constables."

SECTION 11. Section 94 of Chapter 41 of the General Laws is hereby amended by deleting the words “and warrants and processes in criminal cases, although their town, parish, religious society or district is a party or interested. They shall have the powers of sheriffs to require aid in the execution of their duties. They shall take due notice of and prosecute all violations of law respecting the observance of the Lord's day, profane swearing and illegal gaming.”

SECTION 12. Section 95 of Chapter 41 of the General Laws is hereby repealed in its entirety.

SECTION 13. Section 98 of Chapter 41 of the General Laws is hereby amended by deleting the words “shall have all the powers and duties of constables except serving and executing civil process. They” as they appear in lines 2 and 3.

SECTION 14. Section 99 of Chapter 41 of the General Laws is hereby amended by deleting the words “constables and” and the words “except as to the service of civil process,” as they appear in lines 10 through 12.

SECTION 15. Section 101 of Chapter 41 of the General Laws is hereby amended by deleting the words “constables and” as they appear in line 7.

SECTION 16. Section 25B of Chapter 54 of the General Laws is hereby amended by deleting the words “or constables” as they appear in subsection (p).

SECTION 17. Section 66 of Chapter 54 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 10.

SECTION 18. Section 71 of Chapter 54 of the General Laws is hereby amended by deleting the words “constable or other person” as they appear in lines 7 and 8.

SECTION 19. Section 72 of Chapter 54 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 3.

SECTION 20. Section 74 of Chapter 54 of the General Laws is hereby amended by deleting the words “constable or other person” as they appear in line 4 and 5.

SECTION 21. Section 75 of Chapter 54 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 3.

SECTION 22. Section 107 of Chapter 54 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 23.

SECTION 23. Section 8 of Chapter 64C of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 23.

SECTION 24. Section 16 of Chapter 67 of the General Laws is hereby amended by deleting the words “a constable or by” as they appear in line 2.

SECTION 25. Section 19 of Chapter 85 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 7.

SECTION 26. Section 1 of Chapter 90 of the General Laws is hereby amended by deleting the words “constable or other” as they appear in the definition of “Police Officer”.

SECTION 27. Section 32D of Chapter 90 of the General Laws is hereby amended by deleting the words “constable or” as they appear in line 12.

SECTION 28. Section 40 of Chapter 90 of the General Laws is hereby amended by deleting the words “of constables, except the service of civil process, and” as they appear in the fourth paragraph.

SECTION 29. Section 27 of Chapter 91 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 12.

SECTION 30. Section 32 of Chapter 101 of the General Laws is hereby amended by deleting the words “constables and” as they appear in line 3.

SECTION 31. Section 9 of Chapter 111 of the General Laws is hereby amended by deleting the words “and constables except the power to serve civil process” as they appear in lines 11 and 12.

SECTION 32. Section 96 of Chapter 111 of the General Laws is hereby amended by deleting the words “or to any constable” as they appear in line 2.

SECTION 33. Section 99 of Chapter 111 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 5, and inserting the words “police officer” in place thereof.

SECTION 34. Section 131 of Chapter 111 of the General Laws is hereby amended by deleting the words “or to any constable of such town,” as they appear in line 10.

SECTION 35. Section 171 of Chapter 111 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 6.

SECTION 36. Section 84 of Chapter 119 of the General Laws is hereby amended by deleting the words “Constable or” and “Constable of” as they appear in lines 8 and 48, respectively.

SECTION 37. Section 13 of Chapter 120 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 5.

SECTION 38. Section 46 of Chapter 128 of the General Laws is hereby amended by deleting the words “or constables” as they appear in line 5.

SECTION 39. Section 6 of Chapter 129 of the General Laws is hereby amended by deleting the word “constables” as it appears in line 1.

SECTION 40. Section 7 of Chapter 132A of the General Laws is hereby amended by deleting the words “of constables, except service of civil process, and” as they appear in the second paragraph and the words “of constables” and the words “except service of civil process” as they appear in the third paragraph.

SECTION 41. Section 1 of Chapter 133 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 5.

SECTION 42. Section 22 of Chapter 138 of the General Laws is hereby amended by deleting the words “constable” and “policeman” as they appear in line 46 and inserting the words “police officer” in place thereof.

SECTION 43. Section 30F of Chapter 138 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 6.

SECTION 44. Section 42 of Chapter 138 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 11.

SECTION 45. Section 46 of Chapter 138 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 3.

SECTION 46. Section 48 of Chapter 138 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 6.

SECTION 47. Section 56 of Chapter 138 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 3.

SECTION 48. Section 152 of Chapter 140 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 1.

SECTION 49. Section 153 of Chapter 140 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 6 and inserting the words “animal control officer” in place thereof.

SECTION 50. Section 158 of Chapter 140 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 1.

SECTION 51. Section 164 of Chapter 140 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 6.

SECTION 52. Section 167 of Chapter 140 of the General Laws is hereby amended by deleting the word “constable” as it appears in the third sentence and inserting the words “animal control officer” in place thereof.

SECTION 53. Section 167 of Chapter 140 of the General Laws is hereby amended by deleting the fourth sentence in its entirety and in place thereof, inserting the following sentence: “Notwithstanding the foregoing, a police officer or animal control officer may, in the officer's discretion, hold any such dog for not more than 7 days.”

SECTION 54. Section 167 of Chapter 140 of the General Laws is hereby amended by deleting the word “constable” as it appears in the fifth sentence and inserting the words “animal control officer” in place thereof.

SECTION 55. Section 201 of Chapter 140 of the General Laws is hereby amended by deleting the words “a constable” as they appear in line 1.

SECTION 56. Section 2 of Chapter 147 of the General Laws is hereby amended by deleting the words “of constables, police officers and watchmen, except as to the service of civil process” as they appears in lines 2 and 3 and inserting “of police officers” in place thereof.

SECTION 57. Section 31 of Chapter 147 of the General Laws is hereby amended by deleting the words “and constables” as they appear in lines 7 and 8.

SECTION 58. Section 94 of Chapter 159 of the General Laws is hereby amended by deleting the words “or constables” as they appear in line 7.

SECTION 59. Section 14 of Chapter 159B of the General Laws is hereby amended by deleting the words “constables, except the service of civil processes, and of” as they appear in line 6.

SECTION 60. Section 220 of Chapter 160 of the General Laws is hereby amended by deleting the word “constables” as it appears in line 8.

SECTION 61. Section 1 of Chapter 257 of the General Laws is hereby amended by deleting the words “or constable” as they appear in line 4.

SECTION 62. Section 53 of Chapter 262 of the General Laws is hereby repealed in its entirety.

SECTION 63. Section 120 of Chapter 266 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 15.

SECTION 64. Section 120E of Chapter 266 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 27.

SECTION 65. Section 131 of Chapter 266 of the General Laws is hereby repealed in its entirety.

SECTION 66. Section 133 of Chapter 266 of the General Laws is hereby amended by deleting the word “constables” as it appears in line 13.

SECTION 67. Section 30 of Chapter 267 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 7.

SECTION 68. Section 24 of Chapter 268 of the General Laws is hereby amended by deleting the words “constable” and “or watchman” as they appear in lines 2 and 3, and inserting the word “or” before the words “police officer” as they appear in line 2.

SECTION 69. Section 26 of Chapter 268 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 5.

SECTION 70. Section 2 of Chapter 271 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 11.

SECTION 71. Section 6 of Chapter 271 of the General Laws is hereby repealed in its entirety.

SECTION 72. Section 23 of Chapter 271 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 13.

SECTION 73. Section 9 of Chapter 272 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 9.

SECTION 74. Section 54 of Chapter 272 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 4.

SECTION 75. Section 65 of Chapter 272 of the General Laws is hereby repealed in its entirety.

SECTION 76. Section 67 of Chapter 272 of the General Laws is hereby repealed in its entirety.

SECTION 77. Section 69 of Chapter 272 of the General Laws is hereby repealed in its entirety.

SECTION 78. Section 70 of Chapter 272 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 1, and inserting the world “or” before the words “deputy sheriff” as they appear in line 1.

SECTION 79. Section 83 of Chapter 272 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 7.

SECTION 80. Section 84 of Chapter 272 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 1.

SECTION 81. Section 88 of Chapter 272 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 10.

SECTION 82. Section 2 of Chapter 276 of the General Laws is hereby amended by deleting the words “constable or” as they appear in line 6.

SECTION 83. Section 2A of Chapter 276 of the General Laws is hereby amended by deleting the words “or any constable” as they appear in line 6.

SECTION 84. Section 38 of Chapter 279 of the General Laws is hereby amended by deleting the word “constable” as it appears in line 1, and inserting the words “police officer” before the words “, when engaged in the execution”.

Name:	District/Address:	Date Added:
Daniel Cahill	10th Essex	1/18/2019
Angelo L. D'Emilia	8th Plymouth	1/24/2019
Patrick M. O'Connor	Plymouth and Norfolk	1/30/2019
Viriato M. deMacedo	Plymouth and Barnstable	1/30/2019
Mathew J. Muratore	1st Plymouth	1/30/2019
Alyson M. Sullivan	7th Plymouth	1/31/2019