SENATE DOCKET, NO. 1505        FILED ON: 2/17/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1643

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 to protect equality and equal protection by law enforcement departments in the Commonwealth.

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PETITION OF:

SENATE DOCKET, NO. 1505        FILED ON: 2/17/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1643

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE DOCKET, NO. 2973 OF 2019-2020.]

The Commonwealth of Massachusetts

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

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An Act to protect equality and equal protection by law enforcement departments in the Commonwealth.

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 6 as appearing in the 2018 Official Edition is hereby amended by inserting at the end of section 116 the following:- “Any certified and accredited law enforcement school shall allow representatives appointed by the  Massachusetts Commission against Discrimination to attend and observe the delivery of standardized training at the centers for recruit officer courses and in-service officers training”

SECTION 2. Chapter 31 as appearing in the 2018 Official Edition is hereby amended by inserting after section 27 the following:-

“27A. In addition to the requirements prescribed in this chapter, any law enforcement department established pursuant to the general laws shall take into consideration as part of hiring and promotional decisions a candidate’s record of interaction with the public, and any documentation in the candidate’s personnel record of instances associated with violations of a person’s civil rights and or equal protection under federal, state or local law, or abuse of force. This section shall apply to all law enforcement departments established pursuant to the general laws without regard to whether the department has been exempted from Chapter 31 of the general laws.

SECTION 3. Chapter 41 as appearing in the 2018 Official Edition is hereby amended by inserting after section 98G the following new section:- “98H. All law enforcement departments established pursuant to the general laws shall develop and implement a policy and procedure for the reporting by law enforcement personnel, of abuse by other law enforcement personnel without fear of retaliation or actual retaliation.”

SECTION 4. Said Chapter 41 is hereby further amended by inserting the following:- “98I. All law enforcement departments established pursuant to the general laws shall designate at least one officer to be responsible for compliance with constitutional provisions, laws and regulations pertaining to equality and the protection of civil rights.

SECTION 5. Notwithstanding any general or special law to the contrary, any law enforcement department established pursuant to the general laws seeking to utilize additional training or policy for recruit officer courses and in-service officers training relative to the use of force, in addition to the training at the training center licensed under section 96B of chapter 41  utilized by such department for the training of their personal shall approval by the Executive Office of Public Safety and Security prior to implementing such training or policy.

SECTION 6. Notwithstanding any general or special law to the contrary, subject to appropriation, the executive office of public safety and security shall establish and administer a grant program to provide incentive grants to law enforcement departments for the training, evaluation and counseling of members with regard to civil rights and equal protection under federal, state and local law, and abuse of force.

SECTION 7. Notwithstanding any general or special law to the contrary, any entity in the commonwealth offering an accreditation process for law enforcement departments shall include in that process the evaluation and certification of policies regarding the protection of civil rights and equal protection under the United States Constitution and the Massachusetts Constitution and all federal, state, and local laws and regulations, and abuse of force.

Section 8. Notwithstanding any general or special law to the contrary, not less then every 5 years, the civil rights division of the office of the attorney general in consultation with the executive office of public safety and security shall conduct a review of all policies in place in law enforcement departments established pursuant to the general laws to protect civil right and equal protection, and prevent abuse of force. Said review along with any recommendations for legislation or remedial actions shall be submitted to the executive department and the clerks of the house and senate.