Amendment #781 to H4400

An Act Relative to Police Misconduct with Those in Their Custody

Representatives Khan of Newton, Smizik of Brookline, Rogers of Cambridge, Gordon of Bedford, Walsh of Framingham, Farley-Bouvier of Pittsfield, Dykema of Holliston, Lewis of Framingham, Ultrino of Malden, Provost of Somerville, Tosado of Springfield and Gentile of Sudbury move to amend the bill by adding the following section:

SECTION XXXX. Chapter 268 of the General Laws is hereby amended by inserting after section 21A the following section:

Section 21B. For purposes of this section, “police officer” shall mean any officer of a municipal police department, the office of environmental law enforcement, the University of Massachusetts, the department of the state police or the Massachusetts Bay Transportation Authority police department.

A police officer who, while on duty or while acting in their official capacity as an officer, engages in sexual relations with anyone who is under arrest, in detention, otherwise in the actual custody of said officer, or who the officer is interacting with in their official capacity, shall be punished by imprisonment for not more than 5 years in a state prison or by a fine of $10,000, or both. In a prosecution commenced under this section, a person shall be deemed incapable of consent to sexual relations with such officer. For purposes of this section, sexual relations shall include intentional, inappropriate contact of a sexual nature, including, but not limited to conduct prohibited by section 22 or 24 of chapter 265 or section 2, 3, 35 or 53A of chapter 272.

Additional co-sponsor(s) added to Amendment #781 to H4400

An Act Relative to Police Misconduct with Those in Their Custody