Amendment ID: S2320-1-R1

Redraft Amendment 1

Law Enforcement Oversight

Mr. Moore, Ms. Gobi, Mr. O'Connor, Ms. O'Connor Ives, Messrs. Fattman, Humason and deMacedo move to amend the bill in section 5, in proposed section 192 of chapter 149 of the General Laws, by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Law enforcement agency”, the department of state police, a police department of a political subdivision of the commonwealth, the environmental police, the police department of the Massachusetts Bay Transportation Authority, a sheriff’s office, a college or university campus police department, the department of correction, the parole board, the probation service in the office of probation and any other law enforcement entity, except a federal law enforcement agency, that enforces the  laws of the commonwealth and possesses criminal arrest power.

“Personal social media account”, a social media account, service or profile that is used by a current or prospective employee exclusively for personal communications unrelated to any business purposes of the employer; provided, however, that “personal social media account” shall not include a social media account created, maintained, used or accessed by a current or prospective employee for business-related communications or for another business related purpose.

“Social media”, an electronic medium that allows users to create, share and view user-generated content including, but not limited to, uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, emails and internet website profiles or locations.

“Sworn employee”, an employee of a law enforcement agency who takes an oath to enforce the laws of the commonwealth and possesses criminal arrest power.”; and

in said section 5, in said proposed section 192 of said chapter 149, by adding the following 2 subsections:-

“(h) The head of a law enforcement agency or a designee, pursuant to an active and ongoing internal administrative investigation into whether a sworn employee or group of sworn employees has engaged in unlawful discrimination or harassment of a person or class of persons under section 4 of chapter 151B and acting upon a credible complaint lodged against such sworn employee or group of sworn employees that the personal social media account of the sworn employee or sworn employees contains specific information relevant to the investigation, may require or request a sworn employee of a law enforcement agency to reproduce or disclose photographs, videos or other information contained within a personal social media account. The head or designee may take or threaten an adverse employment action against a sworn employee for refusing to disclose such information, photographs or videos upon request.

(i) If, during a standard departmental background investigation for the prospective employment of a candidate for employment as a sworn employee, the head of a law enforcement agency or a designee receives specific relevant information that the candidate has engaged in unlawful discrimination or harassment of a person under section 4 of chapter 151B, the head or designee may require or request the candidate to reproduce or disclose photographs, videos or other information contained within a personal social media account. The head or designee may take or threaten an adverse employment action against a candidate for employment as a sworn employee for refusing to disclose such information, photographs or videos upon request.”; and

by adding the following section:-

“SECTION 6. Notwithstanding any general or special law to the contrary, nothing in subsection (h) or (i) of section 192 of chapter 149 of the General Laws shall impact the rights to collectively bargain.”.