SENATE DOCKET, NO. 434        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1367

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger

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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 protecting individuals in law enforcement custody.

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PETITION OF:

SENATE DOCKET, NO. 434        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1367

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 protecting individuals in law enforcement 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. Section 22 of Chapter 265 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after paragraph (b) the following new paragraph:-

(c) Any law enforcement officer who has sexual intercourse or unnatural sexual intercourse with a person in the custody or control of the law enforcement officer shall be found to be in violation of paragraph (b) of this section. For purposes of this paragraph, “law enforcement officer” shall be defined as any police officer, any auxiliary, intermittent, special, part-time or reserve police officer, any police officer in the employ of a public institution of higher education under section 5 of chapter 15A, any public prosecutor, any municipal or public emergency medical technician, deputy sheriff and/or correction officer.

SECTION 2. 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.