Skip to Content
July 12, 2024 Clouds | 71°F
The 193rd General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
  3. Title II PROCEEDINGS IN CRIMINAL CASES
  4. Chapter 278A POST CONVICTION ACCESS TO FORENSIC AND SCIENTIFIC ANALYSIS
  5. Section 17 Civil or criminal liability of governmental officials; willful or wanton misconduct or gross negligence by governmental entities resulting in deterioration or destruction of evidence; damages

Section 17

Section 17: Civil or criminal liability of governmental officials; willful or wanton misconduct or gross negligence by governmental entities resulting in deterioration or destruction of evidence; damages

Section 17. (a) Governmental officials and employees acting in good faith shall not be liable in a civil or criminal proceeding for any act under this chapter.

(b) If a governmental entity responsible for the preservation of evidence or biological material engages in willful or wanton misconduct or gross negligence, which results in the deterioration or destruction of evidence or biological material so that a laboratory is unable to perform adequate or proper analysis, that entity shall be subject to proceedings for contempt.

(c) Nothing in this chapter shall create any cause of action for damages against the commonwealth or any of its subdivisions or officers, employees, agents or subdivisions, except as provided in this section.