SENATE DOCKET, NO. 980        FILED ON: 2/9/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1546

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Harriette L. Chandler

_________________

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 banning pretextual traffic stops.

_______________

PETITION OF:

 

Name:

District/Address:

 

Harriette L. Chandler

First Worcester

 

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

11/1/2021


SENATE DOCKET, NO. 980        FILED ON: 2/9/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1546

By Ms. Chandler, a petition (accompanied by bill, Senate, No. 1546) of Harriette L. Chandler for legislation to ban pretextual traffic stops.  Public Safety and Homeland Security.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act banning pretextual traffic stops.

 

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 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 62, the following new section:-

Section 63.

A) The following words shall have the following meanings:

“Pretextual traffic stop” – A traffic stop in which a reasonable law enforcement officer would not have made a stop without a pretextual motivation.

“Law enforcement officer”, a law enforcement officer as defined in section 220 of chapter 6.

B) No law enforcement officer shall engage in a pretextual traffic stop.

C) No law enforcement officer shall ask questions during a traffic stop that are not reasonably related to the purpose of the stop without independent justification.

D) No law enforcement officer shall search a vehicle or a person during a traffic stop unless that search is reasonably related to the purpose of the stop, without independent justification.