SECTION 1. Section 10 of Chapter 6E of the General Laws is hereby amended in the first paragraph by inserting after item “xvi” the following new item:- (xvii) the officer used a mask or personal disguise in violation of section 34B of chapter 268
SECTION 2. Chapter 268 of the General Laws is hereby amended by inserting after Section 34A the following new section:-
Section 34B. Use of a mask or personal disguise by a law enforcement officer.
a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Agency”, a law enforcement agency.
“Law enforcement agency”, (i) a federal, state, county, municipal or district law enforcement agency, including, but not limited to: a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department; (ii) a sheriff's department in its performance of police duties and functions; (iii) a public or private college, university or other educational institution or hospital police department; or (iv) a humane society police department in section 57 of chapter 22C.
“Law enforcement officer'' or ''officer'', any officer of an agency, including the head of the agency; a special state police officer appointed pursuant to section 57, section 58 or section 63 of chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police duties and functions; a constable executing an arrest for any reason; or any other special, reserve or intermittent police officer.
“Mask” or “personal disguise”, any covering that obscures the face of an officer that renders them unidentifiable, or any clothing that conceals an officer’s status as an officer; this does not include a face shield if it does not conceal the wearer’s face.
b) Any officer found to be utilizing a mask or personal disguise while performing their duties shall be required to pay a fine of not more than $1000.
c) An officer is exempt from this section for the purposes of: (i) active undercover operations or assignments authorized by court order; (ii) tactical operations and states of emergency declared by the governor where protective gear is required for personal safety; (iii) compliance with applicable law governing reasonable accommodations for a documented disability or occupational health and safety; or (iv) protection of identity during active prosecution; provided, however, that a mask or personal disguise may be used only if no other reasonable alternative exists and the necessity is documented.
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