Amendment ID: S3072-17

Amendment 17

Duty to Investigate and Intervene

Mr. Moore, Ms. Rausch, Ms. Edwards, Ms. Miranda, Mr. Eldridge and Ms. Jehlen move that the proposed new text be amended in section 7, by adding the following subsection:-

(f)(1) A law enforcement officer that has reasonable belief or probable cause to believe that a federal law enforcement officer: (i) is acting or has acted in a manner that violates state law; and (ii) is exceeding or has exceeded their federal authority, included but not limited to, by violating an individual's federal constitutional rights, shall:

(A) activate their body worn camera;

(B) document and investigate the facts and circumstances of the actions by the federal law enforcement officer; and

(C) when applicable, engage in de-escalation tactics as defined in section 1 of chapter 6E and maintain peace in public spaces.

(2) Nothing in this subsection shall establish a private right of action. The Attorney General and the Massachusetts Peace Officer Standards and Training Commission shall have jurisdiction to enforce this subsection.

(3) The Attorney General may issue guidance to implement this subsection. Such guidance shall not be subject to chapter 30A.