SENATE DOCKET, NO. 2699        FILED ON: 7/14/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2868

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James B. Eldridge

_________________

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 the disclosure of law enforcement disciplinary records.

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PETITION OF:

 

Name:

District/Address:

James B. Eldridge

Middlesex and Worcester

Lindsay N. Sabadosa

1st Hampshire


SENATE DOCKET, NO. 2699        FILED ON: 7/14/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2868

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2868) (subject to Joint Rule 12) of James B. Eldridge and Lindsay N. Sabadosa for legislation relative to the disclosure of law enforcement disciplinary records.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to the disclosure of law enforcement disciplinary records.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Clause Twenty-sixth of section 7 of chapter 4 of the General Laws is hereby amended by striking out subclause (c), as appearing in section 2 of chapter 253 of the acts of 2020, and inserting in place thereof the following subclause:-

(c) personnel and medical files or information and any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy; provided, however, that this subclause shall not apply to records related to a law enforcement misconduct investigation; and provided further, that this subclause shall not apply to records related to a correction officer misconduct investigation, including but not limited to department of correction internal affairs reports. Additionally, an incarcerated person and/or their legally designated representative shall have the right to obtain a copy of all records relating to any use of force incident involving the incarcerated person, including but not limited to written reports, investigations, video and audio recordings, and photographs. All such records are also public records, except that records access officers must redact the name and identifying information of any involved incarcerated person before providing the records to any requestor who is not the involved incarcerated person or who does not have a release from them.