HOUSE DOCKET, NO. 2876        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1483

 

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 promoting the safety of individuals in custody.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kay Khan

11th Middlesex

1/16/2019

Marjorie C. Decker

25th Middlesex

1/18/2019

Ruth B. Balser

12th Middlesex

1/24/2019

Christine P. Barber

34th Middlesex

2/1/2019

Michael J. Barrett

Third Middlesex

2/1/2019

Julian Cyr

Cape and Islands

2/1/2019

Mindy Domb

3rd Hampshire

1/30/2019

James B. Eldridge

Middlesex and Worcester

2/1/2019

Nika C. Elugardo

15th Suffolk

2/1/2019

Carmine Lawrence Gentile

13th Middlesex

1/31/2019

James K. Hawkins

2nd Bristol

2/2/2019

Stephan Hay

3rd Worcester

2/1/2019

Kate Hogan

3rd Middlesex

2/1/2019

Mary S. Keefe

15th Worcester

2/1/2019

Jack Patrick Lewis

7th Middlesex

2/1/2019

Liz Miranda

5th Suffolk

1/31/2019

Denise Provost

27th Middlesex

1/31/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

2/1/2019

David Allen Robertson

19th Middlesex

2/1/2019

David M. Rogers

24th Middlesex

2/1/2019

José F. Tosado

9th Hampden

1/31/2019

Paul F. Tucker

7th Essex

2/1/2019

Andres X. Vargas

3rd Essex

2/1/2019

Bud L. Williams

11th Hampden

1/30/2019


HOUSE DOCKET, NO. 2876        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1483

By Representatives Khan of Newton and Decker of Cambridge, a petition (accompanied by bill, House, No. 1483) of Kay Khan, Marjorie C. Decker and others relative to the penalty for police or public safety officers engaging in sexual relations with persons in custody.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act promoting the safety of individuals in custody.

 

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, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 21A the following section:-

Section 21B. For purposes of this section, “police or public safety officer” or “officer” shall mean any officer of a municipal or state police department, and any other officer or agent of any municipal, state or federal agency, college or university, hospital, or any other entity or facility, who has the lawful authority to place persons under arrest or hold them in custody within the commonwealth.

A police or public safety 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.