HOUSE DOCKET, NO. 4062        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1855

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David M. Rogers

_________________

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 relative to improper and discriminatory police reporting.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

David M. Rogers

24th Middlesex

2/19/2021

Elizabeth A. Malia

11th Suffolk

3/15/2021

Marcos A. Devers

16th Essex

3/30/2021


HOUSE DOCKET, NO. 4062        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1855

By Mr. Rogers of Cambridge, a petition (accompanied by bill, House, No. 1855) of David M. Rogers, Elizabeth A. Malia and Marcos A. Devers for legislation to provide for private rights of action against persons intentionally summonsing police officers without reason to suspect violations of criminal laws.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to improper and discriminatory police reporting.

 

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 11I of Chapter 12 of the Massachusetts General Laws is hereby amended by adding a new subsection (b):

(b) A private right of action shall exist against any person who intentionally summons a police officer without reason to suspect a violation of a criminal law, any criminal conduct or an imminent threat to person or property by an individual or group of individuals, in whole or in part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person. An individual who summons a police officer under such circumstances shall be liable in a private civil action brought by the individual or group of individuals for injunctive relief, damages or other appropriate relief. If it shall appear to the satisfaction of the court that the respondent has, in fact, violated this section, an injunction may be issued by such court, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. For the purposes of this section, a person lacks reason to suspect a violation of a criminal law, any criminal conduct or an imminent threat to person or property if a reasonable person would not suspect such a violation, conduct or threat based on the totality of the circumstances.