Budget Amendment ID: FY2024-S3-943

EPS 943

Oversight Panel on the use of Breathalyzer Devices

Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting after section _____ the following section:-

“SECTION __.  There is hereby established an oversight panel to oversee the use of so-called breathalyzer devices to determine the presence and levels of intoxication by alcohol by law enforcement officials in the commonwealth, whose purpose shall be to ensure the proper use, maintenance, certification, and accounting for such use. The panel shall consist of the following individuals or their designees; the attorney general of the commonwealth, the superintendent of the department of state police, the chair of the Massachusetts Peace Officer Standards and Training Commission (POST), the executive director of the Municipal Police Training Council, and the director of the Office of Alcohol Testing. the panel shall request and receive information from law enforcement agencies utilizing such devices, shall convene not less than annually, and shall make recommendations it deems necessary to the executive office of public safety and homeland security in order to ensure the proper use of such devices.

SECTION __. The Office of Alcohol Testing shall compile an annual report on its activities to ensure that testing in the commonwealth utilizing so-called breathalyzer devices to determine the presence and degree of intoxication by alcohol complies with all applicable and necessary constitutional requirements, and laws, rules, regulations, requirements, and procedures to ensure that all such use is conducted fairly, safely, lawfully, and in such a manner that maximizes its reliability and admissibility in judicial and other relevant proceedings. Said report shall include the number of such devices in use in the commonwealth, the number of personnel properly certified to use such devices and the status of their training, and any activities undertaken to ensure that the devices are being properly used and calibrated. Said report shall be filed with the executive office of public safety, the joint committees on public safety and the judiciary, and the clerks of the House and Senate not later than December 31.”