Amendment ID: S2216-19

Amendment 19

Public Safety Information

Messrs. Rush, O'Connor and deMacedo move that the proposed new draft be amended by striking section 17 and inserting in place thereof the following new section:-

SECTION 17. Said chapter 90 is hereby further amended by adding the following section:-

Section 63. Every municipal and state police department shall, for each stop made by a law enforcement officer of the agency pursuant to this chapter where a citation or written warning is issued or where an arrest is made, collect and submit to the executive office of public safety and security: (i) the reason for the stop; (ii) the date, time and street address or approximate location of the stop; (iii) the race and ethnicity of the driver subject to the stop based on the voluntary previously self-disclosed designation for race and ethnicity classification that is listed on the Massachusetts Driver’s License; (iv) the gender and age of the driver subject to the stop; (v) whether a search was initiated, including a search of a vehicle or the vehicle operator or passengers and, if a search was initiated, whether the search was conducted with the consent of the operator or passengers as indicated on the Registry of Motor Vehicles citation form in the appropriate box by consent Yes/No; (vi) the results of any search as indicated on the Registry of Motor Vehicles citation form in the appropriate box delineating contraband, evidence or an illegal weapon; (vii) whether the stop or subsequent search resulted in a warning, citation, arrest or other action; and (viii) the badge number of the officer initiating the stop.

The secretary of public safety and security shall ensure a standardized process to facilitate data collection for law enforcement agencies and procedures for law enforcement officials to collect such data under this section. The failure of a law enforcement officer to collect such data shall not affect the validity of the underlying stop.

Annually, not later than March 1, the secretary shall collect, analyze and submit a report of the statewide data collected pursuant to this section, excluding officer badge numbers, to the joint committee on the judiciary, the joint committee on public safety and homeland security and the senate and house committees on ways and means. The result of any reports that are generated or compiled from such data collection shall be made available upon request to any law enforcement entity that contributed to the collection and submission of the data. The secretary shall make the data available to the public online in machine-readable format.