Budget Amendment ID: FY2015-S4-578

EPS 578

Gang Prevention Grant Program

Ms. Donoghue, Ms. Chandler, Ms. Creem, Ms. Chang-Diaz, Messrs. DiDomenico and Donnelly, Ms. Forry, Mr. Michael O. Moore, Ms. O'Connor Ives, Messrs. Rodrigues, Brownsberger, Finegold, Montigny, Joyce, Welch, McGee, Timilty and Kennedy moved that the proposed new text be amended in section 2, in item 8100-0111, moved that the bill be amended in section 2, in item 8100-0111, by striking out the figure "6,500,000" and inserting in place thereof the figure "9,000,000".

Budget Amendment ID: FY2015-S4-579-R2

2nd Redraft EPS 579

FY15 PRISON MITIGATION

Messrs. Barrett, Eldridge, Pacheco and Ross moved that the proposed new text be amended in section 2, in item 8900-0001, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 8900-0001, by adding the following words:- “; provided further, that the department shall expend not less than $2,200,000 for cities and towns hosting department of correction facilities; provided further, that of the $2,200,000, no city or town hosting a department of correction facility shall receive more than $800,000; and provided further, that of the $2,200,000, no city or town hosting a department of correction facility shall receive less than the amount allocated in item 8900-0001 of section 2 of chapter 68 of the acts of 2011”; and

in said section 2, in said item 8900-0001 by striking out the figure “$560,181,787” and inserting in place thereof the following figure:- “$562,381,787”.

Budget Amendment ID: FY2015-S4-580

EPS 580

Prison Host Community Mitigation

Messrs. Timilty, Brownsberger and Pacheco moved that the proposed new text be amended in section 2, in item 8900-0001, moved that the bill be amended in section 2, in item 8900-0001, by adding at the end thereof the following:-

"provided further, that the department shall expend not less than $2,200,000 for municipalities hosting department of correction facilities; provided further, that of that $2,200,000, no municipality hosting a department of correction facility shall receive more than $800,000; provided further, that of the $2,200,000, the municipality hosting the facility at Cedar Junction shall receive no less than the amount allocated in item 8900-0001 of section 2 of chapter 68 of the acts of 2011; and provided further, that of the remaining amount, one hundred per cent shall be distributed to each host municipality by dividing said remaining amount by the average daily prisoner population at all department of correction facilities, multiplied by the average daily prisoner population located within each host municipality"; and in said item by striking out the figure "$560,181,787" and inserting the place thereof the figure "$562,381,787".

Budget Amendment ID: FY2015-S4-581

EPS 581

Medway Safety Improvements

Ms. Spilka moved that the proposed new text be amended in section 2, in item XXXX-XXXX, moved that the bill be amended in section 2, in item 8000-1701, by adding at the end thereof the following:-

“provided that the town of Medway shall receive $273,000 for repairs to its emergency radio and communications infrastructure”; and in said item, by striking out the figures “$11,462,348” and inserting in place thereof the figures "$11,735,348"

Budget Amendment ID: FY2015-S4-584

EPS 584

Randolph Youth Violence Unit

Mr. Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, moved that the bill be amended in section 2, in item 8000-0600, by inserting the following:- “; provided further, that $500,000 shall be expended for the continuation of a youth violence and street crimes unit pursuant to section 2 of chapter 182, of the acts of 2008”.

Budget Amendment ID: FY2015-S4-585

EPS 585

Bristol County Emergency Communications Upgrade

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 8324-0000, moved that the bill be amended in section 2, in item 8324-0000, by inserting after the word “Plymouth” the following:- “; provided further, that not less than $100,000 shall be expended for Bristol County Fire Chiefs Association to develop and upgrade the emergency radio communications system in Bristol county;” and in said item by striking out the figure “$19,236,873” and inserting the following figure:- “$19,336,873.”

Budget Amendment ID: FY2015-S4-586

EPS 586

Advocacy Services for Veterans

Ms. Donoghue and Mr. Rush moved that the proposed new text be amended in section 2, in item 1410-0010, moved that the bill be amended in section 2, in item 1410-0010, by adding at the end thereof the following: "; provided further that not less than $100,000 shall be expended for a competitive grant program for non-profits to provide assistance and referrals to obtain federal veterans' benefits. ……………..$2,910,361."

Budget Amendment ID: FY2015-S4-587

EPS 587

Quincy Fire Department Hazardous Material Response Team

Mr. Keenan moved that the proposed new text be amended in section 2, in item 8324-0000, moved that the bill be amended in section 2, in item 8324-0000, by adding at the end thereof the following: “provided further, that $50,000 shall be provided for the Quincy fire department hazardous material response team"; and in said item by striking out the figures "19,236,873" and inserting in place thereof the figures "19,286,873".

Budget Amendment ID: FY2015-S4-588

EPS 588

Public Safety Improvements in the town of Braintree

Messrs. Keenan and Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, moved that the bill be amended in section 2, in item 8000-0600, by adding at the end thereof the following:-

“provided further that not less than $150,000 shall be expended to the town of Braintree for public safety improvements”; and in said item, by striking out the figure “$2,150,750” and inserting in place thereof the figure “$2,300,750”

Budget Amendment ID: FY2015-S4-589

EPS 589

Department of Corrections Year Round Learning

Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 8900-0001, moved that the bill be amended in section 2, in item 8900-0001, by adding at the end thereof the following: “provided further, that notwithstanding any general or special law to the contrary, not more than $450,000 shall be expended to fund the Memorandum of Understanding between SEIU Local 509 and the Commonwealth to allow inmates to receive education year round”; and in said item, by striking out the figures "560,181,787" and inserting in place thereof the figures "560,631,787"

Budget Amendment ID: FY2015-S4-590-R1

Redraft EPS 590

Police Staffing Grants

Messrs. Finegold, Rodrigues, DiDomenico and Michael O. Moore moved that the proposed new text be amended in section 2, in item 1599-0026, moved that the bill be amended, in section 2, in item 1599-0026, by striking out the words “provided further, that $3,000,000 shall be transferred to the executive office of public safety and security for a competitive grant program to be administered by that executive office; provided further, that the grants shall be awarded to communities that: (a) have populations of at least 65,000; and (b) demonstrate that their police departments had an operating budget per capita of less than $200 in 2010” and inserting in place thereof the following words:- “provided further, that $4,250,000 shall be transferred to the executive office of public safety and security for a competitive grant program for public safety and emergency staffing to be administered by that executive office; provided further, that the grants shall be awarded to communities that: (A) have populations of at least 65,000; and (B) demonstrate that their police departments had an operating budget per capita of less than $200 in 2010”; and

in said section 2, in said item 1599-0026, by adding the following words:- “; provided further, that $100,000 shall be expended to the police department of the town of Plymouth for the creation of a street crime unit with the mission of disrupting and dismantling street level drug trade, open air drug dealing and distribution and crimes related to the use or trade of illegal drugs in the town of Plymouth and surrounding communities; provided further, that $40,000 shall be expended for the police department of the town of Barnstable to continue a street crime unit with the mission of disrupting and dismantling street level drug trade, open air drug dealing and distribution and crimes related to the use or trade of illegal drugs in the town of Barnstable and surrounding communities”; and

in said section 2, in said item 1599-0026, by striking out the figure “$6,400,000” and inserting in place thereof the following figure:- “$7,790,000”.

Budget Amendment ID: FY2015-S4-591-R1

Redraft EPS 591

Forensic Laboratory Accreditation

Mr. Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section 83, the following 2 sections:-

"SECTION 83A. Subsection (b) of section 8 of chapter 278A of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “the American Society of Crime Laboratory Directors Laboratory Accreditation Board” and inserting in place thereof the following words:- an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement and offers forensic laboratory accreditation services.

SECTION 83B. Subsection (c) of said section 8 of said chapter 278A, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words “the American Society of Crime Laboratory Directors Laboratory Accreditation Board” and inserting in place thereof the following words:- an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement and offers forensic laboratory accreditation services."

Budget Amendment ID: FY2015-S4-592

EPS 592

Hamilton Public Safety Grant

Mr. Tarr moved that the proposed new text be amended in section 2, in item 8000-0600, moved that the bill be amended in section 2, in item 8000-0600, by inserting after the word “2000” the following:- “; provided, that not less than $200,000 shall be expended for a public safety grant to the municipality of Hamilton”; and in said item by striking out the figure “$2,150,750” and inserting in place thereof the figure “$2,350,750”

Budget Amendment ID: FY2015-S4-593

EPS 593

National Guard Tuition and Fee Reimbursement

Messrs. Michael O. Moore, Timilty, Rush and Donnelly, Ms. Donoghue, Messrs. Rodrigues and DiDomenico moved that the proposed new text be amended in section 2, in item 8700-1150, moved that the bill be amended in section 2, in item 8700-1150, by striking out the figure "$3,750,000" and inserting in place thereof the following figure:-  "$7,250,000".

Budget Amendment ID: FY2015-S4-594

EPS 594

AEDs in State Police Vehicles

Messrs. Timilty, Downing and Montigny moved that the proposed new text be amended in section 2, in item 8100-1001, moved that the bill be amended in section 2, in item 8100-1001, by inserting the following:-

"provided further, that there shall be a study submitted to the house and senate committees on ways and means not later than October 31, 2014 on the costs associated with equipping all state police vehicles with automated external defibrillators".

Budget Amendment ID: FY2015-S4-595

EPS 595

Law Enforcement Memorial Fund

Messrs. Timilty and Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section 132, the following new section:-

"Section X.  Chapter 10 of the General Laws is hereby amended by inserting after section 35BB the following section:-

Section 35CC. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Law Enforcement Memorial Fund to be used without appropriation by a department of public safety for the purpose of making annual payments to the Massachusetts Law Enforcement Memorial to memorialize and honor Massachusetts law enforcement personnel killed in the line of duty. There shall be credited to the fund revenues received by the commonwealth from the sale of registration plates under section 2G of chapter 90."

Budget Amendment ID: FY2015-S4-596

EPS 596

Record of Law Enforcement Electrical Weapon Use

Mr. Timilty moved that the proposed new text be amended moved that the bill be amended by inserting, after section 132, the following new section:-

"SECTION X. Chapter 140 of the General Laws is hereby amended by inserting after section 131J the following section:-

131J1/2. In a municipality that accepts this section, any portable device or weapon described in section 131J that is possessed by a municipal law enforcement officer for the purpose of his or her official duties shall be capable of recording and amplifying sound; provided, however, that an officer may possess a portable device or weapon that is incapable of recording and amplifying sound if the portable device or weapon was purchased by the municipality before this section is accepted.

and Subsection D of section 99 of chapter 272 of the General Laws is hereby amended by inserting, after paragraph 1 (f), the following paragraph:

(g) for a law enforcement officer, acting in the performance of his or her official duties, while clearly identified as a law enforcement officer to violate the provisions of this section. Notwithstanding this provision, law enforcement officers may not record inside a person’s residence."

Budget Amendment ID: FY2015-S4-597

EPS 597

Narcotics Identification

Mr. Timilty moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 8000-1700 the following new item:-

"XXXX-XXXX For a grant program to be administered by the executive office of public safety and security, to provide funding for handheld narcotics identification tools that enable identification of suspected drugs, including opioids, synthetic cannabinoids and synthetic cathinones, cutting agents and precursors in the field; able to simultaneously test for multiple drugs in a single analysis; that is based on Raman spectroscopy, or a comparable chemical identification method, to reduce or eliminate contact with the sample for operator safety; that uses a closed library of certified substances to ensure reference sample integrity; must produce automatic analysis reports which show pre- and post-scan self-check results and provide spectral information; provided, that the secretary of public safety and security shall distribute grant funds through a competitive grant program that gives preference to applications that demonstrate high levels of substance abuse in a region; provided further, that the funds shall be considered 1-time grants awarded to law enforcement agencies and shall not annualize into fiscal year 2016; provided further, that administrative costs for successful grant applications shall not exceed 5 per cent of the value of the grant; provided further, that the executive office of public safety and security shall publish guidelines and an application for the grant program, not later than August 15, 2014; and provided further, that awards shall be made to applicants not later than December 16, 2014 ....................................$1,000,000".

Budget Amendment ID: FY2015-S4-598-R1

Redraft EPS 598

Pre-arrest Jail Diversion

Ms. Spilka and Ms. Jehlen moved that the proposed new text be amended moved that the bill be amended by inserting, after section 19, the following section:-

"SECTION 19A. Chapter 19 of the General Laws is hereby amended by adding the following section:-

Section 25. The commissioner of mental health shall collaborate with local law enforcement officials, mental health professionals and social workers, to support programs that provide opportunities to prevent arrest and divert individuals with mental illness or substance use disorders out of the criminal justice system and into community based mental health and substance use disorder treatment services where such diversion is clinically appropriate and consistent with public safety. The commissioner shall monitor, evaluate and complete annual reports on the participation of the department of mental health in jail diversion programs, including pre-arrest jail diversions programs, in cities, towns, or regions of the commonwealth which shall be filed with the clerks of the senate and house of representatives, and the chairs of the joint committee on mental health and substance abuse not later than December 31 of each year.”

Budget Amendment ID: FY2015-S4-599-R1

Redraft EPS 599

Prohibiting Commitments at Certain Facilities

Ms. Spilka moved that the proposed new text be amended moved that the bill be amended in section 60 by adding the following by sentence:-

“No person shall be committed to the Massachusetts correctional institution at Bridgewater or to the Massachusetts correctional institution at Framingham for rehabilitative purposes, under this section, unless at least 1 of the following conditions are present: (i) the person has a history, within the last 12 months, of violence towards patients or treatment staff; (ii) the person has a history, within the last 12 months, of elopement from a treatment facility; or (iii) the person exhibits an imminent risk of severe, life threatening withdrawal symptoms or a co-occurring medical or mental health condition that preclude safe detoxification in a less intensive setting.”; and

by striking out section 65 and inserting in place thereof the following section:-

“SECTION 65. The fourth paragraph of said section 35 of said chapter 123, as so appearing, is hereby amended by striking out the fourth, fifth and sixth sentences and inserting in place thereof the following 2 sentences:- The person may be committed to the Massachusetts correctional institution at Bridgewater, if a male, or at Framingham, if a female, if 1 of the following conditions are present: (i) the person has a history, within the last 12 months, of violence towards patients or treatment staff; (ii) the person has a history, within the last 12 months, of elopement from a treatment facility; or (iii) the person exhibits an imminent risk of severe, life threatening withdrawal symptoms or a co-occurring medical or mental health condition that preclude safe detoxification in a less intensive setting. The person so committed shall be housed and treated separately from convicted criminals. Such person shall, upon release, be encouraged to consent to further treatment and shall be allowed voluntarily to remain in the facility for such purpose.”

Budget Amendment ID: FY2015-S4-600

EPS 600

Strengthening Public Safety Communications Networks

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-1700, moved that the bill be amended in section 2, in item 8000-1700, by striking out the figure "$22,508,931" and inserting in place thereof the following figure:- "$24,508,931".

Budget Amendment ID: FY2015-S4-601

EPS 601

Enhancing Public Safety Fingerprint Processing

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0110, moved that the bill be amended in section 2, in item 8000-0110, by striking out the figure "$2,200,000" and inserting in place thereof the following figure:- "$2,490,000".

Budget Amendment ID: FY2015-S4-602

EPS 602

Office of the Chief Medical Examiner

Messrs. Timilty, Rush and Wolf and Ms. Candaras moved that the proposed new text be amended in section 2, in item 8000-0105, moved that the bill be amended in section 2, in item 8000-0105, by striking out the figure "$8,916,092" and inserting in place thereof the following figure:-  "$9,364,342".

Budget Amendment ID: FY2015-S4-603-R1

Redraft EPS 603

Synthetic Marijuana and Controlled Substance Analogue

Messrs. Michael O. Moore and Tarr moved that the proposed new text be amended moved that the bill be amended by inserting after section 56 the following section:-

“SECTION 56A.  Section 1 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the definition of “controlled substance” and inserting in place thereof the following 2 definitions:-

“Controlled substance”, a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter.

“Controlled substance analogue”, (1) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31 or (2) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and with respect to a particular person, which such person represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; provided, however, that the term shall not include: (i) a controlled substance, (ii) any substance for which there is an approved new drug application, (iii) with respect to a particular person any substance, if an exception is in effect for investigational use, for that person, under section 8 to the extent conduct with respect to the substance is pursuant to such exemption or (iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance. For the purposes of this chapter, a controlled substance analogue shall be treated as the Class A, B, C, D or E substance, of which it is a controlled substance analogue.”; and

by inserting after section 57 the following section:-

“SECTION 57A. Class C of section 31 of said chapter 94C, as so appearing, is hereby amended by inserting after subsection (e) the following subsection:-

(f) Unless specifically excepted or listed in another schedule, any material, compound, mixture or preparation, which contains any quantity of the following hallucinogenic substances or  cannabimimetic agents within the structural classes identified below:

(1) 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;

(2) 3-(1-naphthoyl) indole or 3-(1-naphthyl) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;

(3) 3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;

(4) 1-(1-naphthylmethyl) indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;

(5) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent;

(6) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);

(7) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-

47,497 C8-homolog);

(8) 1-pentyl-3-(1-naphthoyl) indole (JWH-018 and AM678);

(9) 1-butyl-3-(1-naphthoyl) indole (JWH-073);

(10) 1-hexyl-3-(1-naphthoyl) indole (JWH-019);

(11) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole (JWH-200);

(12) 1-pentyl-3-(2-methoxyphenylacetyl) indole (JWH-250);

(13) 1-pentyl-3-[1-(4-methoxynaphthoyl)] indole (JWH-081);

(14) 1-pentyl-3-(4-methyl-1-naphthoyl) indole (JWH-122);

(15) 1-pentyl-3-(4-chloro-1-naphthoyl) indole (JWH-398);

(16) 1-(5-fluoropentyl)-3-(1-naphthoyl) indole (AM2201);

(17) 1-(5-fluoropentyl)-3-(2-iodobenzoyl) indole (AM694);

(18) 1-pentyl-3-[(4-methoxy)-benzoyl] indole (SR-19 and RCS-4);

(19) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl) indole (SR-18 and RCS-8); and

(20) 1-pentyl-3-(2-chlorophenylacetyl) indole (JWH-203).”

Budget Amendment ID: FY2015-S4-604

EPS 604

EOPSS

Messrs. Timilty and Michael O. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, moved that the bill be amended in section 2, in item 8000-0600, by striking out the figure "$2,150,750" and inserting in place thereof the following figure:-  "$2,262,692".

Budget Amendment ID: FY2015-S4-605

EPS 605

Dispute Resolution Services of Springfield, Inc

Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 8900-0001, moved that the bill be amended in section 2, in item 8900-0001, by inserting after the word “Worcester” the following words:- “; provided further not less than $68,000 shall be expended for Dispute Resolution Services, Inc. of Springfield to provide community mediation services to ex-offenders as an outlet for conflict resolution once they return to the community, provide general community mediation services to the residents of Hampden County to prevent everyday conflict escalation that would require police, court and potentially corrections interventions and involvement, additional service would include training for correctional officers and other staff members as requested in mediation and conflict resolution techniques to effectively address daily conflicts” and in said item 8900-0001 by striking out the figure “$560,181,787 and inserting in place thereof the following figure:- “$560,249,787”

Budget Amendment ID: FY2015-S4-606

EPS 606

Watertown Drug Taskforce

Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 8000-1700, moved that the bill be amended in section 2, in item 8000-1700 by adding the following: “provided further, that not less than $50,000 shall be expended to the town of Watertown for public safety improvements”

Budget Amendment ID: FY2015-S4-607

EPS 607

Black Men of Greater Spfld W.E.B DuBois Saturday School & Summer Camp program

Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 8900-0001, moved that the bill be amended in section 2, in item 8900-0001, by inserting after the word “Worcester” the following words:- “; provided further that not less than $200,000 shall be expended to the Black Men of Greater Springfield, Inc to continue the operations of the W.E.B DuBois Academy Saturday School, W.E.B DuBois Academy Summer Camping program and the Unity grants program, as a youth development and violence prevention effort in Greater Springfield” and in said item 8900-0001 by striking out the figure “$560,181,787 and inserting in place thereof the following figure:- “$560,381,787”

Budget Amendment ID: FY2015-S4-608

EPS 608

Programs for Incarcerated Mothers

Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 8900-0001, moved that the bill be amended in section 2, in item 8900-0001, by inserting after the words “all prisoners confined in each prison operated by the department,” the following words:-

“; provided further, that the amount allocated for programs for incarcerated mothers in item 8900-0001 of section 2 of Chapter 131 of the Acts of 2010 shall be allocated to the programs in fiscal year 2015;”.

Budget Amendment ID: FY2015-S4-610-R1

Redraft EPS 610

Assault and Battery on Public Employees

Messrs. DiDomenico, Keenan and McGee, Ms. Spilka, Messrs. Michael O. Moore, Hedlund and Brownsberger, Ms. Candaras, Messrs. Tarr and Pacheco moved that the proposed new text be amended moved that the bill be amended by inserting after section 81 the following section:-

"SECTION 81A.  Section 13D of chapter 265 of the General Laws, as appearing in the 2012

Official Edition, is hereby amended by adding the following paragraph:-

An officer authorized to make arrests may arrest any person upon probable cause, and without a warrant, if the person has committed an offense under this section upon a public employee when the public employee was operating a public transit vehicle and the officer may keep the person in custody during which period the officer shall seek the issuance of a complaint and request a bail determination with all reasonable promptness."

Budget Amendment ID: FY2015-S4-611

EPS 611

Fire Services

Mr. Donnelly moved that the proposed new text be amended in section 2, in item 8324-0000, moved that the bill be amended in section 2, in item 8324-0000, by striking out the figures “$19,236,873” and inserting in place thereof the figures:- “$20,986,873"

Budget Amendment ID: FY2015-S4-612-R2

2nd Redraft EPS 612

Enhancing Assessment Information of the Sexual Offender Registration Board

Mr. Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new sections:-

“SECTION __. The first sentence of subsection (2) of section 178K of chapter 6, as appearing in the 2012 Official Edition, is hereby amended in line 97 by inserting after the word “register” the following words:-

, provided that conviction of a crime constituting a sex offense involving a child, as that term is defined in section 178C, shall create a rebuttable presumption of classification no lower than level 2, provided further that a conviction of a crime constituting a sexually violent offense and/or a sex offense involving a child shall constituent at a minimum of a level 1 designation to the sex offender to comply with the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071.

SECTION __. Section 178L of chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(3) (a) The board shall notify the local police department in the city or town in which such sex offender lives, works or attends school at least 30 days before classifying or reclassifying a sex offender.

SECTION __. Section 178P of chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(2) Whenever a police officer, district attorney, or agent, employee or representative of the office of health and human services has information that may be relevant to the assessment of a sex offender’s risk to reoffend or degree of dangerousness, the police department, district attorney, or health and human services agent, employee or representative shall forward to the board said information; provided, however, that a police department or district attorney need not forward information to the board that it believes will compromise an ongoing investigation.”

Budget Amendment ID: FY2015-S4-613-R1

Redraft EPS 613

Municipal Police Training Committee Retained Revenue

Messrs. Timilty, Rush and Tarr, Ms. Spilka, Mr. Wolf, Ms. Chandler, Messrs. Brownsberger, Ross, Michael O. Moore, Hedlund, Donnelly, Barrett, Eldridge, Keenan, DiDomenico and Finegold, Ms. Candaras, Mr. Kennedy, Ms. Donoghue and Mr. Montigny moved that the proposed new text be amended in section 2, in item 8200-0222, moved that the bill be amended in section 2, in item 8200-0222 by striking out the text and inserting in place thereof the following item:-

"8200-0222  For the municipal police training committee, which may collect and expend an amount not to exceed $1,800,000 to provide training to new recruits; provided, that the committee shall charge $3,000 per recruit for the training; provided further, that notwithstanding any general or special law to the contrary, the committee shall charge a fee of $3,000 per person for training programs operated by the committee for all persons who begin training on or after July 1, 2014; provided further, that the fee shall be retained and expended by the committee; provided further, that the trainee, or, if the trainee is a recruit, the municipality in which the recruit shall serve, shall provide the fee in full to the committee not later than the first day of orientation for the program in which the trainee or recruit has enrolled; provided further, that no recruit or person shall begin training unless the municipality or the person has provided the fee in full to the committee; provided further, that for recruits of municipalities, upon the completion of the program, the municipality shall deduct the fee from the recruit’s wages in 23 equal monthly installments, unless otherwise negotiated between the recruit and the municipality in which the recruit shall serve; provided further, that if a recruit withdraws from the training program before graduation, the committee shall refund the municipality in which the recruit was to have served a portion of the fee according to the following schedule: (i) if a recruit withdraws from the program before the start of week 2, 75 per cent of the payment shall be refunded; (ii) if a recruit withdraws from the program after the start of week 2 but before the start of week 3, 50 per cent of the fee shall be refunded; (iii) if a recruit withdraws from the program after the start of week 3 but before the start of week 4, 25 per cent of the fee shall be refunded; and (iv) if a recruit withdraws after the start of week 4, the fee shall not be refunded; provided further, that a recruit who withdraws from the program shall pay the municipality in which the recruit was to have served the difference between the fee and the amount forfeited by the municipality according to the schedule; provided further, that the schedule shall also apply to trainees other than recruits who enroll in the program; provided further, that expenditures shall not be charged to this item if they are not directly related to new recruit training; provided further, that expenditures shall not be charged to this item if they are related to chief, veteran, in-service or reserve training or any training not directly related to new recruits; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the committee may incur expenses and the comptroller may certify for payments not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system………………………………………………….$1,800,000".

Budget Amendment ID: FY2015-S4-614

EPS 614

Public Safety Line of Duty Benefits

Messrs. Rush, Ross, Michael O. Moore, DiDomenico and McGee moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-

“SECTION __.  Subsection (c) of section 100A of Chapter 32 is hereby amended in line 15 by striking out the following ‘and who is not subject to chapter 152’ and in said subsection by adding at the end thereof the following:-  ‘The family of a deceased public safety employee, who is subject to chapter 152 shall have the option of receiving the killed in the line of duty benefit or receive benefits pursuant to chapter 152.’”

Budget Amendment ID: FY2015-S4-615

EPS 615

Western Mass. Crime Laboratory

Mr. Rosenberg moved that the proposed new text be amended in section 2, in item 8000-0106, moved that the bill be amended in section 2, in item 8000-0106, by adding at the end thereof the following:- “provided further, that the department of state police shall maintain a state police crime laboratory in either Hampshire or Hampden County”

Budget Amendment ID: FY2015-S4-616-R1

Redraft EPS 616

C3 Program

Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 8100-1001, moved that the bill be amended in section 2, in item 8100-1001, by inserting after the words “environmental offices” the following words:- “; provided further, that not less than $200,000 shall be expended for C3;” and in said item 8100-1001 by striking out the figure “$264,039,069” and inserting in place thereof the following figure:- “$264,239,069”

Budget Amendment ID: FY2015-S4-617-R1

Redraft EPS 617

DPS Inspector Funding

Ms. Spilka, Messrs. Rosenberg, Donnelly, Rush, Michael O. Moore, Lewis and DiDomenico, Ms. Forry and Mr. Kennedy moved that the proposed new text be amended in section 2, in item 8315-1024, moved that the bill be amended in section 2, in item 8315-1024 by inserting after the word "Laws;" the following words:- "provided, that as sufficient funds become available, such funds shall be expended from this item to hire additional engineering inspectors or engineers to inspect piping work and complaints;"

Budget Amendment ID: FY2015-S4-618

EPS 618

Melrose Fire Station

Mr. Lewis moved that the proposed new text be amended in section 2, in item 8324-0000, moved that the bill be amended in section 2, in item 8324-0000, Section 2, in line item 8324-0000, by adding the following proviso:- “provided further, that not less than $50,000 shall be expended to the city of Melrose for public safety improvements to the City Fire Station”

Budget Amendment ID: FY2015-S4-619

EPS 619

Fire Services Turnout Gear

Mr. Humason moved that the proposed new text be amended in section 2, in item 8324-0000, moved that the bill be amended in section 2, in item 8324-0000, by adding at the end thereof the following: “provided further that not less than $15,000 shall be expended for the city of Holyoke to purchase or offset the cost of purchasing new turnout gear”;

Budget Amendment ID: FY2015-S4-620

EPS 620

Raffle Amendment

Mr. Lewis and Ms. Donoghue moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2,  inserting the following new section:-

SECTION X: Section 7A of chapter 271 of the General  Laws, as appearing in the 2012 Official Edition, is hereby amended, in lines 8 and 85, by striking out the word “twenty-five” and inserting in place thereof, in each instance, the word “two hundred and fifty.”

Budget Amendment ID: FY2015-S4-621

EPS 621

On Site Academy

Ms. Flanagan and Mr. Donnelly moved that the proposed new text be amended in section 2, in item 8324-0000, moved that the bill be amended in section 2, in item 8324-0000, by inserting after the words “split days option;” the following: “provided further, that $300,000 shall be allocated to On-Site Academy, to provide training and treatment programs for emergency personnel for critical incident stress management or substance abuse;” and

by striking out the following words “provided further, that 100 per cent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal’s office, critical incident stress programs, the Massachusetts and fire department training academies, the regional dispatch center, radio and dispatch center improvements and the associated fringe benefits costs of personnel paid from this item for these purposes shall be assessed upon insurance companies writing fire, homeowners’ multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receipt of notice of such assessment from the commissioner of insurance; ” and inserting in place thereof the following words:- “provided further, that 100 per cent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal’s office, critical incident stress programs, the Massachusetts and fire department training academies, On-Site Academy, the regional dispatch center, radio and dispatch center improvements and the associated fringe benefits costs of personnel paid from this item for these purposes shall be assessed upon insurance companies writing fire, homeowners’ multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receipt of notice of such assessment from the commissioner of insurance;” and

by striking out the figure “$19,236,873” and inserting in place thereof the figure “$19,536,873”.

Budget Amendment ID: FY2015-S4-622

EPS 622

Oversight Board for Crime Lab

Messrs. Tarr, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-

“SECTION _.  Chapter 6 of the General Laws, as appearing in the 201 Official Edition, is hereby amended by inserting after section 184A the following section:-

SECTION 184B.  (a) There shall be established a forensic services drug laboratory oversight board within, but not subject to the control of, the executive office of public safety and security.   The board shall consist of the secretary of public safety and security or a designee; the governor or a designee;  the attorney general or a designee; the inspector general or a designee; and the colonel of state police or a designee.

(b)  At the direction of the board, the undersecretary of public safety for forensic sciences shall advise and report to the board on the administration and delivery of forensic services at such facilities.

(c) The board shall have oversight authority over all commonwealth facilities engaged in forensic services in criminal investigations.  The board shall ensure every such facility is actively accredited with the American Society of Crime Laboratory Directors/Laboratory Accreditation Board and compliant with standards promulgated by the International Organization for Standardization (ISO).   The board shall receive quarterly reports from the undersecretary for forensic sciences which shall include, but not be limited to, the following information:

(i)  the volume of forensic services at each facility;

(ii)  the volume of forensic services of each employee at such facilities;

(iii)  the costs and length of time from submission for testing or procedures and the return of results from such facilities;

(iv)  compliance with accreditation standards of such facilities; and

(v)  facility employee records, qualifications, and incident reports; provided,  however, that any suspected or potential criminal wrongdoing shall be promptly referred to the attorney general for prosecution.

An electronic summary of said reports shall be submitted to the clerks of the senate and house of representatives and the chairs and ranking minority members of the joint committee on public safety and homeland security.

(d) The board shall promulgate rules and regulations necessary to carry out this section; provided, however, that said regulations shall require:

(i)  facilities engaged in forensic services in criminal investigations to be actively accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board and compliant with standards promulgated by the International Organization for Standardization (ISO);

(ii)  the forensic sciences advisory board to hold  not less than 1 public hearing a year; and

(iii)  the undersecretary for forensic sciences to receive anonymous complaints of employee or facility misfeasance or deviation from accreditation standards;

The oversight board shall consider the input of the forensic sciences advisory board prior to implementing said rules and regulations.”

Budget Amendment ID: FY2015-S4-623

EPS 623

Process Piping

Mr. Rodrigues, Ms. Candaras, Messrs. Rush, Joyce and Tarr, Ms. Donoghue, Ms. O'Connor Ives and Mr. Ross moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:

“SECTION__. Chapter 239 of the Acts of 2012, as most recently amended by section 22 of Chapter 3 of the Acts of 2013, is hereby amended by striking out section 52 and inserting in place thereof the following section:- SECTION 52. The bureau of pipefitters, refrigeration technicians and sprinkler fitters shall adopt regulations and issue procedures related to the process piping pipefitter license under section 82 of chapter 146 of the General Laws not later than July 1, 2014. A person who was not required to be licensed under section 84 of said chapter 146 who submits satisfactory proof to the bureau of pipefitters, refrigeration technicians and sprinkler fitters that the person has been actively engaged in any area of process piping as defined by Section 81 of chapter 146 of the General Laws for a period of 4 years prior to the effective date of this act, and who has applied for a license within 180 days after the effective date of the regulations adopted under this section shall, upon payment of the applicable fee, be issued a process piping pipefitter license. A person with less than 4 years of documented relevant work experience shall demonstrate sufficient knowledge of the regulations in order to be issued a process piping pipefitter license. Any proof required to be submitted under this section shall be accompanied by a statement under the penalties of perjury.”

Budget Amendment ID: FY2015-S4-624

EPS 624

Prison Mitigation

Mr. Ross moved that the proposed new text be amended in section 2, in item 8900-0001, moved that the bill be amended in section 2, in item 8900-0001, by adding at the end thereof the following: “provided further, that no less than the amount provided for in chapter 61 of the acts of 2007 shall be expended for the municipality hosting the Bay State Correctional Center”

Budget Amendment ID: FY2015-S4-626

EPS 626

Directed Patrols

Mr. McGee and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 8100-1001, moved that the bill be amended in section 2, in item 8100-1001, in line 14, after the words “cases of criminal abuse;” inserting the following new words:- “provided further, that not less than $1,000,000 shall be expended for the payroll costs of the state police directed patrols; provided further, that subject to appropriation communities receiving funds for directed patrols in fiscal year 2008 shall receive an equal disbursement of funds in proportion to the current appropriation in fiscal year 2015;” and in said item, by striking out the figure: “$264,039,069” and inserting in place thereof the following figure: “$265,039,069”.

Budget Amendment ID: FY2015-S4-627

EPS 627

Franklin County Sheriff

Mr. Rosenberg moved that the proposed new text be amended in section 2, in item 8910-0108, moved that the bill be amended in section 2, in item 8910-0108, by striking out “$13,253,425” and inserting in place thereof the following figure:- “$14,631,530”

Budget Amendment ID: FY2015-S4-628

EPS 628

Extraordinary Medical Placement in Middlesex County

Ms. Jehlen moved that the proposed new text be amended moved that the bill be amended by inserting the following section:-

"SECTION XX. The Middlesex Sheriff’s Office shall operate a medical release pilot program.  The court may grant a medical release to a prisoner held by the Middlesex Sheriff’s Office upon the court’s determination that the prisoner has an irreversible condition, disease or syndrome that is terminal, debilitating, or incapacitating and that the prisoner’s release will not be incompatible with public safety. The authority to grant a medical release rests solely within the discretion of the court. No prisoner has the right to medical release.  Consideration of a prisoner for medical release may be initiated by the sheriff, the superintendent of a house of correction, the superintendent of the jail, special sheriff, a licensed physician, the prisoner, a member of the prisoner’s family, or the prisoner’s attorney.   In determining whether to grant a medical release, the court shall obtain the review of a licensed physician. The sheriff shall facilitate appropriate community placement for prisoners granted a medical release. A person granted medical release under this section shall be under the jurisdiction, supervision and control of the court. The sheriff shall impose terms and conditions for such release. The sheriff may revise, alter or amend such terms and conditions at any time.

The Middlesex Sheriff’s Office shall file an annual report by July 1 of each year with Joint Committee on the Judiciary and the Joint Committee on Public Safety and Homeland Security.  This report shall include, at a minimum, data about the number of individuals considered for release, the number of individuals released, the medical condition of each individual released, the current residence of all individuals released, any violations of the conditions of release by any individual released, and an estimate of any health care cost savings resulting from the medical release program.”

Budget Amendment ID: FY2015-S4-630

EPS 630

Protecting driver privacy

Ms. Creem, Messrs. Pacheco, Lewis, DiDomenico, Montigny, Wolf, Hedlund, McGee, Brownsberger, Barrett, Eldridge and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-

SECTION __. the General Laws, as amended by section 9 of chapter 79 of the acts of 2014, are hereby further amended by inserting after chapter 90I the following chapter:-

Chapter 90J  Automatic License Plate Reader Systems

Section 1. Definitions

As used throughout this chapter, the following words shall have the following meanings:

"ALPR data" means any data captured, created or originated by an ALPR system, including, without limitation, GPS coordinates, dates, times, images and license plate numbers, existing in an any form or medium, whether electronic, paper or otherwise, and any copies thereof;

"Automated license plate reader system" or "ALPR system" means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data;

“Department” means department of transportation;

“Executive office” means executive office of public safety and security;

“Governmental entity” means any official, officer, agency, office, instrumentality, department, division, committee, board, advisory board, commission or other body or authority of the commonwealth, or of any county or municipality, or any employee thereof, or any agent or other person acting on behalf thereof while acting within the scope of such agency or representation;

“Law enforcement agency” means any state or municipal law enforcement agency;

“Law enforcement officer" means a state or municipal police officer or traffic or parking enforcement officer;

"Legitimate law enforcement purpose" means: detection or investigation of a crime, traffic violation or parking violation; operation of AMBER alerts; or searches for missing or endangered persons;

“Non-governmental entity” means any person other than a governmental entity;

“Person” means any individual, partnership, corporation, association, society, entity or governmental entity;

“Preservation request” means written notice delivered by a federal, state or municipal law enforcement agency or a defendant in a criminal case to the executive office or a non-governmental entity requesting that certain ALPR data be preserved and retained for a specified period of time not to exceed 30 days from the date such request is received; provided, that such preservation request shall be accompanied by an affidavit stating: (i) the parameters identifying which ALPR data must be preserved, including, without limitation, the license plate numbers, if any, and the dates, times, and locations; and (ii) that such specified period of time is necessary to obtain a search warrant or production order compelling the production of such ALPR data; provided further, that the agency or defendant may serve subsequent preservation requests pending resolution of any motion filed in connection with such search warrant or production order, or any appeal related thereto;

“Production order” means an order or summons obtained by a defendant in a criminal case charged with a felony requiring a non-governmental entity or the executive office to produce ALPR data; provided, that such order or summons shall be issued in compliance with Massachusetts Rule of Criminal Procedure 17(a)(2); provided further, that any ALPR data produced in response to such order or summons shall be deemed privileged for the purposes of complying therewith;

“Search warrant” means: (i) a federal search warrant issued upon a determination of probable cause by a court or justice authorized to issue warrants in criminal cases that meets the requirements of the Federal Rules of Criminal Procedure; or (ii) a state search warrant issued pursuant to the requirements of sections 2 through 3A, inclusive, of chapter 276 by a court or justice authorized to issue warrants in criminal cases; provided, that such federal or state search warrant shall be issued only upon a determination that the entity seeking the warrant has probable cause to believe that evidence of imminent or actual identified criminal activity will be found in the ALPR data described in such warrant.

Section 2.  State or municipal government; permitted uses

Notwithstanding any general or special law or regulation to the contrary, it shall be unlawful for any governmental entity to use an ALPR system; provided, however, that an ALPR system may be used by:

(a)law enforcement agencies for legitimate law enforcement purposes; and

(b)the department for the purpose of assessing and collecting tolls.

Section 3.  General obligations

(a)Any database or other information against which license plate numbers are cross-referenced by an ALPR system operated by any person shall be updated every 24 hours, or at such other intervals as updated information become available if greater than 24 hours.

(b)Prior to taking any action in response to an alert or prompt from an ALPR system operated by any person, the individual so alerted shall confirm that:

(1)the license plate number of the targeted vehicle matches the license plate number that prompted the alert; and

(2)the information or circumstances giving rise to the alert have not changed materially since the time such information was last updated pursuant to subsection (a).

(c)No person shall operate an ALPR system while traveling on:

(1)private ways or property without the prior written consent of the owner of record of such way or property; or

(2)any property owned or leased by the commonwealth, or any agency, authority or political subdivision thereof; provided, however, that a law enforcement agency may operate an ALPR system on such property for a legitimate law enforcement purpose.

Section 4.  Certification

No employee, agent or any individual acting on behalf of any governmental entity shall access, search, review or disclose ALPR data or operate an ALPR system unless and until such employee, agent or individual has been certified by the executive office as having reviewed and understood the laws and regulations applicable to ALPR system operation and data storage.

Section 5.  ALPR data; retention by law enforcement

Notwithstanding any general or special law or regulation to the contrary, not later than 48 hours  following the time ALPR data is captured, created or originated by an ALPR system operated by a law enforcement agency, the agency:

(a)may, at the option of the agency, transfer such data to the executive office; and

(b)shall permanently erase or destroy any such data in its possession, custody or control.

Section 6.  ALPR data; retention by the department

(a)Not later than 48 hours following the time ALPR data is captured, created or originated by an ALPR system operated by the department or its agent, the department or its agent shall transfer such data to the executive office.

(b)Not later than 90 days following the date ALPR data is captured, created or originated by an ALPR system operated by the department or its agent, the department or its agent shall permanently erase or destroy any such data in its possession, custody or control; provided, however, that the department or its agent may retain such data for longer than 90 days if such data is necessary to identify, collect or pursue unpaid tolls; provided further, that such data shall be permanently erased or destroyed not later than 7 days following the date such tolls are paid.

Section 7.  ALPR data; retention by the executive office

(a)The executive office shall retain and store ALPR data transferred to it pursuant to sections 5 or 6 for a period of 90 days.  At the end of such 90-day period, the executive office shall permanently erase or destroy all such data in its possession, custody, or control.

(b)ALPR data may be retained beyond the 90-day period established under subsection (a) as necessary to comply with:

(1)a search warrant;

(2)a production order; or

(3)a preservation request.

(c)The executive office shall retain and store ALPR data pursuant to subsection (a):

(1)in a physically secure room used exclusively for the purposes set forth in subsection (a); and

(2)if stored electronically, on a system that is not connected to the Internet or any wide-area or local-area network.

Section 8.  ALPR data; retention by non-governmental entities

(a)Notwithstanding any general or special law or regulation to the contrary, a non-governmental entity shall permanently erase or destroy all ALPR data in its possession, custody, or control that is derived from vehicles registered or operated within the commonwealth, including any portions of documents or records derived from such ALPR data, not later than 90 days following the date such data was captured, created or originated by an ALPR system.

(b)Such ALPR data may be retained beyond the 90-day period established under subsection (a) as necessary to comply with:

(1)a search warrant;

(2)a production order; or

(3)a preservation request.

Section 9.  ALPR data; government access and review

Subject to section 4, notwithstanding any other general or special law or regulation to the contrary, a governmental entity may not access, search, review, disclose, or exchange ALPR data from any source; provided, however, that:

(a)a law enforcement officer may access, search or review ALPR data as necessary to comply with subsection (a) of section 3;

(b)a law enforcement officer may access, search or review ALPR data immediately following an alert from an ALPR system prior to executing a motor vehicle stop or issuing a ticket or citation as necessary to comply with subsection (b) of section 3;

(c)an employee or agent of a law enforcement agency, the executive office or the department may access ALPR data as necessary to install, maintain or repair an ALPR system or a system storing ALPR data;

(d)a law enforcement officer or an employee of a law enforcement agency, the executive office, or the department may access, search, review or disclose ALPR data as necessary to respond to a reasonable belief that an individual is at imminent risk of serious physical injury, death or abduction; provided, that not later than 48 hours after accessing such ALPR data, the agency, executive office or department shall provide written notice to the office of the attorney general describing with particularity the grounds for such emergency access and the parameters of the ALPR data accessed, searched, reviewed or disclosed; provided further, that such ALPR data within the possession, custody or control of the law enforcement agency shall be permanently erased or destroyed not later than 48 hours after such imminent risk ceases to exist;

(e)a law enforcement officer or an employee of a law enforcement agency may access, search, review or disclose ALPR data as necessary to comply with:

(1)section 5;

(2)a search warrant; or

(3)a production order;

(f)an employee of the executive office may access, search, review or disclose ALPR data as necessary to comply with:

(1)section 7;

(2)a search warrant;

(3)a production order; or

(4)a preservation request;

(g)a law enforcement agency, a district attorney’s office or the office of the attorney general may access, search, and review ALPR data obtained pursuant to a search warrant in connection with the investigation or prosecution of a felony; provided, however, that such ALPR data shall not be disclosed unless material to and in furtherance of such investigation or prosecution; provided further, that any such ALPR data not material to such investigation or prosecution shall be permanently erased or destroyed not later than 6 months following the date the search warrant was executed; provided further, that such agency or office may apply to the district or superior court for an order allowing for extensions of not more than 6 months upon a showing that a determination as to the materiality of such ALPR data could not be made through reasonable effort within such period of time; or

(h)an employee or agent of the department may access, search, review or disclose ALPR data:

(1)as necessary to comply with section 6; or

(2)for the purpose of assessing, collecting or pursuing tolls.

Section 10. Additional protections

(a)ALPR data in the possession, custody or control of a non-governmental entity that is derived from motor vehicles registered or operated within the commonwealth may not be disclosed to or exchanged with any other person; provided, however, that such non-governmental entity may disclose such data:

(1)to a law enforcement officer responding to a reasonable belief that an individual is at imminent risk of serious physical injury, death or abduction; provided, that such law enforcement officer submits an affidavit to such non-governmental entity describing with particularity the grounds for such emergency access and the parameters of the ALPR data requested; provided further, that not later than 48 hours after disclosing, sharing or exchanging such ALPR data, such law enforcement officer shall deliver a copy of such affidavit to the office of the attorney general;

(2)pursuant to a search warrant or production order;

(3)as necessary in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers;

(4)as necessary in connection with motor vehicle market research activities, so long as the ALPR data is not published, redisclosed, or used to contact individuals;

(5)for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities; or

(6)for use in connection with the operation of private toll transportation facilities.

(b)Notwithstanding subsection (a), or any other general or special law or regulation to the contrary, ALPR data derived from vehicles registered or operated within the commonwealth shall not be used in any way by any person:

(1)to determine a person’s numerical or other credit rating; provided, however, that nothing in this subsection shall be construed to prevent the department from reporting unpaid tolls to any credit reporting agency or service;

(2)to make any determination with respect to any secured or unsecured credit facility or loan, or any other form of financing, whether secured or unsecured, including, without limitation, any determination as to whether to extend such financing, the applicable interest rate or rate of return, or whether an event of default exists;

(3)to determine a person’s insurance rate or rating with respect to any form of insurance, including, without limitation, any policy of life insurance, health insurance, automobile insurance or liability insurance;

(4)to make any determination with respect to hiring, dismissal, discharge, suspension, compensation or any other employment decision; or

(5)to identify targets of or to engage in any form of promotion, marketing, advertising or solicitation.

(c)A recipient of ALPR data disclosed pursuant to subsection (a) may disclose such data only as permitted under subsection (a); provided, that any recipient of ALPR data shall be subject to the retention limitations and obligations contained in sections 8 and 9, as applicable.

Section 11. ALPR data; admissibility

(a)Notwithstanding any general or special law or regulation to the contrary, ALPR data produced, obtained or maintained in violation of this chapter shall not be admitted, offered or cited by any governmental entity for any purpose in any criminal proceeding.

(b)Notwithstanding any general or special law or regulation to the contrary, ALPR data shall not be discoverable, admissible in evidence or offered or cited for any purpose in any civil or administrative proceeding by any party; provided, however, that subject to subsection (a), such data shall be admissible when offered by the department in any civil or administrative proceeding relating to the collection of tolls.

Section 12.  Civil actions

(a)Any aggrieved person may institute a civil action in district or superior court for damages resulting from a violation of this chapter, or in superior court to restrain any such violation. If in any such action a willful violation is found to have occurred, the violator shall not be entitled to claim any privilege absolute or qualified, and he shall, in addition to any liability for such actual damages as may be shown, be liable for treble damages, or, in the alternative, exemplary damages of not less than one hundred and not more than one thousand dollars for each violation, together with costs and reasonable attorney’s fees.

(b)A violation of sections 3, 8 or 10 of this chapter shall also be a violation of section 2 of chapter 93A.

Section 13.  Violations; reporting requirements

Any individual certified in accordance with section 4 shall promptly provide written notice to the office of the attorney general if such person has knowledge of a violation of any of the provisions of this chapter.

Section 14.  Data security

ALPR data derived from vehicles registered or operated within the commonwealth shall be deemed personal information under chapter 93H and all rules and regulations promulgated thereunder; provided, that the data security provisions contained in subsection (c) of section 7 applicable to the executive office shall not be construed in any way by any court, office, division or agency to mean that less protection is required from any other governmental or non-governmental entity.

Section 15.  Further regulation by governmental entities

Nothing contained in this chapter shall be construed to prevent a law enforcement agency, a municipality, the executive office or the department from adopting stricter limitations with respect ALPR systems or ALPR data.

Section 16.  Reporting

On or before March 1 annually, the executive office shall file a report with the clerks of the senate and house of representatives containing the following information based on data from the prior calendar year:

(i)the total number of ALPR systems being operated within the commonwealth;

(ii)the number of municipalities submitting ALPR data to the executive office pursuant to section 5;

(iii)the number of license plate scans transferred to the executive office pursuant to section 5;

(iv)the number of license plate scans transferred to the executive office pursuant to section 6;

(v)the number of state warrants seeking ALPR data served on the executive office; and

(vi)the number of federal warrants seeking ALPR data served on the executive office.

Section 17.  Executive office; rules and regulations

The executive office shall promulgate rules and regulations necessary to implement sections 2 through 9, inclusive, and section 16, including, without limitation, rules and regulations:

(a)ensuring that only those governmental entities authorized by this chapter to use ALPR systems and access ALPR data do so for the limited purposes set forth in this chapter; and

(b)establishing an auditing process to assess compliance with this chapter by governmental entities.

Section 18. Office of the attorney general; enforcement

The attorney general shall enforce sections 2 through 10, inclusive, and shall have the power to petition the court for injunctive relief, relief under chapter 93A, or other appropriate relief against any person that fails to comply therewith.

Section 19.  Severability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Budget Amendment ID: FY2015-S4-631-R1

Redraft EPS 631

Removal of Pepper Spray from Firearms Identification

Messrs. Ross, Tarr, Hedlund, Michael O. Moore and Humason moved that the proposed new text be amended by inserting after section 75 the following 6 sections:-

“SECTION 75A. Section 121 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 to 8, inclusive, the words “chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate”.

SECTION 75B. Said chapter 140 is hereby further amended by inserting the following 2 sections:-

Section 122C. (a) As used in this section and section 122D, “self-defense spray” shall mean chemical mace, pepper spray or any device or instrument which contains, propels or emits a liquid, gas, powder or other substance designed to incapacitate.

(b) Whoever, not being licensed as provided in section 122B, sells self-defense spray shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment in a house of correction for not less than 6 months nor more than 2 years.

(c) Whoever sells self-defense spray to a person less than 18 years of age, if the person under 18 years age does not have a firearms identification card, shall be punished by a fine of not more than $300.

(d) A person under 18 years of age who possesses self-defense spray and who does not have a firearms identification card shall be punished by a fine of not more than $300.

Section 122D. No person shall purchase or possess self-defense spray who:

(i) in a court of the commonwealth, has been convicted or adjudicated a youthful offender or delinquent child as defined in section 52 of chapter 119, for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (E) a violation of any law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but not limited to, a violation under said chapter 94C; provided, however, that except for the commission of a violent crime or a crime involving the trafficking of controlled substances, if the person has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than 5 years immediately preceding such purchase or possession, such person may purchase or possess self-defense spray;

(ii) in any other state or federal jurisdiction, has been convicted or adjudicated a youthful offender or delinquent child for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (E) a violation of any law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C; provided, however, that, except for the commission of a violent crime or a crime involving the trafficking of weapons or controlled substances, if the person has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than 5 years immediately preceding such purchase or possession and such applicant's right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject conviction or adjudication was entered, such person may purchase or possess self-defense spray;

(iii) has been confined to any hospital or institution for mental illness unless the person obtains, prior to purchase or possession, an affidavit of a registered physician attesting that such physician is familiar with the applicant's mental illness and that in such physician's opinion the applicant is not disabled by such an illness in a manner that should prevent the applicant from possessing self-defense spray;

(iv) is or has been under treatment for or confined for drug addiction or habitual drunkenness unless such person is deemed to be cured of such condition by a licensed physician, in which case, such person may purchase or possess self-defense spray after the expiration of 5 years from the date of such confinement or treatment; provided, however, that prior to such purchase or possession of self-defense spray, the applicant shall submit an affidavit issued by the licensed physician to the effect that such physician knows the person’s history of treatment and that in such physician's opinion the applicant is deemed cured;

(v) at the time of the application, is less than 15 years of age;

(vi) at the time of the application, is at least 15 but less than 18 years of age unless the applicant submits with the application a certificate from the applicant’s parent or guardian granting the applicant permission to apply for a card;

(vii) is an alien;

(viii) is currently subject to: (A) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or section 7 of chapter 258E; or (B) a permanent or temporary protection order issued pursuant to chapter 209A or section 7 of chapter 258E; or

(ix) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.

Whoever purchases or possesses self-defense spray in violation of this section shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment in a house of correction for not less than 6 months nor more than 2 years.

SECTION 75C. Section 129B of said chapter 140, as so appearing, is hereby amended by inserting after the word “card”, in line 141, the following words: issued pursuant to subclause (vi) of clause (1).

SECTION 75D. Said section 129B of said chapter 140, as so appearing, is hereby further amended by inserting after the word “issued”, in lines 155 and 206, each time it appears, the following words:- pursuant to subclause (vi) of clause (1).

SECTION 75E. Section 131 of said chapter 140, as so appearing, is amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) A Class A and a Class B license shall each be valid for the purpose of owning, possessing, purchasing and transferring non-large capacity rifles and shotguns, consistent with the entitlements conferred by a firearm identification card issued under section 129B.

SECTION 75F. Section 131P of said chapter 140, as so appearing, is hereby amended by striking out, in lines 12 to 17, inclusive, the words “; and provided further, that an applicant for a firearms identification card for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall not be required to complete a basic firearms safety course as a prerequisite for receiving such card”.”

Budget Amendment ID: FY2015-S4-632

EPS 632

Prison Mitigation Fund

Messrs. Ross and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting at the end thereof the following new section:-

“SECTION XX. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Prison Mitigation Fund, which shall be used exclusively for cities and towns hosting department of correction facilities. Amounts credited to the fund shall be administered by the department of correction.

There shall be credited to the fund, revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund and investment income earned on the fund’s assets, and all other sources. Money remaining in the fund at the end of the fiscal year shall not revert to the General Fund.

One hundred per cent of the monies deposited in the fund, but not less than $2,800,000 in the aggregate, in each fiscal year shall be distributed to each said city and town in accordance with the following formula: the aggregate amount in the fund divided by the average daily prisoner population at all department of correction facilities, multiplies by the average daily prisoner population located within said city or town.”

Budget Amendment ID: FY2015-S4-634

EPS 634

Elevator Study Commission

Messrs. Rosenberg and Tarr moved that the proposed new text be amended moved that the bill be amended by inserting the following new section :-

“There shall be an elevator study commission to examine elevator safety, maintenance, and inspections including current regulations and practices industry wide and it shall make recommendations for reforms which are fair and reasonable to the consumer but which increase efficiency of use of public resources, while maintaining a high level of public safety. The commission shall examine, but not be limited to, practices in other states and jurisdictions, frequency of inspections, method of inspection, licensing processes, cost and fees to maintain elevator safety, cost and fees to certify elevator safety, department fines, use of information technology, elevator inspectors licensing, and elevator operator and elevator mechanic industry practices and fees.

The task force shall consist of the secretary of public safety, or her designee, the commissioner of the department of public safety or his designee, who shall serve as chair, the chair of the elevator division, a representative of labor, and 3 persons to be appointed by the Governor one of whom shall have expertise as an elevator mechanic, one of whom shall be a licensed elevator inspector, and one of whom shall have expertise in the construction industry.

The commission shall issue a report of its study, recommendations, and any draft legislation which shall be filed with the chairs of the joint committee on public safety and homeland security, the chairs of the committees on ways and means, and the clerks of the house and senate not later than January 1, 2015.”

Budget Amendment ID: FY2015-S4-635

EPS 635

Worcester Sheriff

Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 8910-0105, moved that the bill be amended in section 2, in item 8910-0105, by adding at the end thereof the following:- "and provided further, that not less than $497,000 shall be expended to establish a day reporting center located in southern Worcester county"; and in said item by striking out the figures "$44,060,699" and inserting in place thereof the figures "$44,557,699".

Budget Amendment ID: FY2015-S4-636-R2

2nd Redraft EPS 636

Ethanol Safety

Messrs. Petruccelli and DiDomenico and Ms. Jehlen moved that the proposed new text be amended moved to amend the bill by inserting after section 125 the following section:-

“Section 125A. (a) Notwithstanding any general or special law to the contrary, no license shall be issued under section 14 of chapter 91 of the General Laws permitting the development of rail lines or rail facilities for the transportation of ethanol to ethanol storage or blending facilities in the cities of Cambridge, Revere, Everett, Somerville, the East Boston section of the city of Boston or the Chelsea Creek Designated Port Area until January 1, 2019.

(b) Notwithstanding any general or special law to the contrary, the status of licenses issued under said section 14 of said chapter 91 before the effective date of this section shall not be impacted by this section.

(c) Notwithstanding any general or special law to the contrary, the Massachusetts emergency management agency, MEMA, shall develop a comprehensive plan for how state agencies shall prepare for and respond to incidents involving the transportation of ethanol by rail.  Additionally, MEMA shall develop a comprehensive municipal planning guide and plan template that may be used by a municipality, through which ethanol is transported by rail, to develop a plan for how the municipality will prepare for and respond to incidents involving the transportation of ethanol by rail.  MEMA shall provide technical guidance to a municipality seeking assistance for the implementation of the municipal planning guide.  The response plan shall be developed in consultation with Massachusetts Department of Transportation, the division of fire services, the Department of Homeland Security, the Federal Railroad Administration, the United States Department of Transportation , the National Transportation Safety Board and 1 representative appointed jointly by the fire chiefs of the cities of Cambridge, Boston, Revere, Everett and Chelsea. The response plan shall include, but not be limited to, the following: (i) training related to ethanol and other flammable materials; (ii) identification of critical facilities along the potential ethanol transportation routes, which may include consequence modeling of incidents near such facilities; (iii) development of a regional foam response task force, including an inventory and analysis of the amount of alcohol-resistant foam needed to combat an ethanol related accident and the vehicles and equipment needed to utilize the foam effectively; (iv) potential evacuation routes and procedures for when the public should be advised to shelter in place; (v) methods to communicate with limited English language speakers in the event of an incident; and (vi) necessary improvements to the transportation, infrastructure and rail facilities to be utilized during ethanol transport. On or before January 1, 2017, MEMA shall file the response plan with the joint committee on public safety and homeland security; provided, however, that an interim report on the status of the response plan and recommendations for an extension shall be filed on or before July 1, 2015. The response plan may also include legislative recommendations that MEMA considers appropriate. The response plan shall include a methodology under which an entity receiving ethanol by rail shall be assessed to provide funding for the development of the response plan and the training, equipment and other mitigation measures as recommended by the response plan. Impacted municipalities and agencies shall pursue federal grants as necessary in order to subsidize, to the extent feasible, the cost of the training and equipment recommended by the response plan. MEMA shall issue regulations to establish the means and methods by which it will assess entities receiving ethanol by rail to fund the development of the response plan and the mitigation measures recommended by MEMA in the response plan.”

Budget Amendment ID: FY2015-S4-639-R1

Redraft EPS 639

Prison Rehabilitation and Reentry Programming

Ms. Chang-Diaz, Ms. Creem, Mr. Eldridge, Ms. Jehlen and Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 8900-0001, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 8900-0001, by inserting after the words “all prisoners confined in each prison operated by the department,” the following words:-

“; provided further, that not less than $1,494,517 be expended on rehabilitation and reentry programming within Department of Correction facilities, and that such programming shall include but not be limited to year round academic education, substance abuse treatment and education, cognitive behavioral therapy, and violence reduction programs;”

and by striking out the figure “560,181,787” and inserting in place thereof the following figure:- “561,676,304”.

Budget Amendment ID: FY2015-S4-640

EPS 640

Compassionate Release Study Scope

Ms. Jehlen moved that the proposed new text be amended moved that the bill be amended in Section 104 by striking out subsection iv and replacing with the following:-

"analyze the feasibility of developing a compassionate release program for aging inmates, infirm inmates, and inmates with a condition, disease, or syndrome that is terminal, debilitiating, or incapacitating, including, but not limited to, inmates diagnosed with Alzheimer's disease, dementia or other degenerative diseases and".