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Session Law

2006

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Chapter 134 AN ACT RELATIVE TO CERTAIN MOTOR VEHICLE VIOLATIONS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Section 22 of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 51, lines 64 and 65, and in line 68, the words “or country” and inserting in place thereof, in each instance, the following words:- , country or jurisdiction.

SECTION 2. Section 1 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out the definition of "Police chief" and inserting in place thereof the following definition:-
“Police chief”, the chief or the head of the organized police department of a city or town, the commissioner of public safety, the colonel of state police, the state superintendent of buildings, the chairman of the Massachusetts Turnpike Authority, a person appointed by the trustees of the University of Massachusetts as chief of the police officers appointed under section 32A of chapter 75, a person appointed by the trustees at each of the commonwealth's state and community colleges as chief of the police officers appointed under section 22 of chapter 15A, persons designated by the commissioner of mental health at each institution of the department of mental health, or by the commissioner of mental retardation at each institution of the department of mental retardation as the chief of the special police officers appointed under section 59 of chapter 22C, or the chief of the Massachusetts Bay Transportation Authority police department.

SECTION 3. Said section 1 of said chapter 90C, as so appearing, is hereby further amended by striking out the definition of "Police officer" and inserting in place thereof the following definition:-
“Police officer”, any officer, other than an investigator or examiner of the transportation division of the department of telecommunications and energy, authorized to make arrests or serve criminal process, any person appointed by the registrar under section 29 of chapter 90, any person appointed by the trustees of the University of Massachusetts under section 32A of chapter 75, any person appointed by the trustees at each of the commonwealth's state and community colleges under section 22 of chapter 15A, and any person appointed by the colonel of state police under section 59 of chapter 22C.

SECTION 3A. Section 2 of said chapter 90C, as so appearing, is hereby amended by inserting after the first paragraph the following 2 paragraphs:-
Each police chief appointed by the trustees of the commonwealth’s state and community colleges under section 22 of chapter 15A shall certify to the registrar, on or before January first of each year, that:
(a) the police officers appointed by the trustees at the state or community college have been issued a current first aid/CPR certificate;
(b)(i)(A) 51 per cent of such police officers have completed either the basic full-time recruit academy operated or certified by the municipal police training committee or the campus police academy operated by the Massachusetts state police, or
(B) 51 per cent of the police officers have completed a basic reserve/intermittent police officer training course approved by the municipal police training committee and have had at least 5 years experience issuing citations pursuant to this chapter; and
(ii) the remaining 49 per cent of police officers have completed a minimum of a basic reserve/intermittent police officer training course approved by the municipal police training committee;
(c) such officers have completed annual in-service training of no less than 40 hours;
(d) such officers meet the same firearms qualification standards as set from time to time by the municipal police training committee if such officers have been authorized by the board of trustees of the state or community college to carry firearms;
(e) the state or community college police department submits uniform crime reports to the FBI;
(f) a memorandum of understanding has been entered into with the police chief of the municipality wherein the state or community college is located outlining the policies and procedures for utilizing the municipality’s booking and lock-up facilities, fingerprinting and breathalyzer equipment if the state or community college police department does not provide booking and lock-up facilities, fingerprinting or breathalyzer equipment; and
(g) the state or community college police department has policies and procedures in place for use of force, pursuit, arrest, search and seizure, racial profiling and motor vehicle law enforcement.
Notwithstanding the previous paragraph, nothing in this section shall limit the authority granted to the police chiefs and police officers at the state and community colleges under said section 22 of said chapter 15A or section 18 of chapter 73.

SECTION 3B. Said chapter 90C is hereby further amended by inserting after section 2 the following section:-
Section 2A. The authority for police officers appointed by the trustees of the commonwealth’s state and community colleges under section 22 of chapter 15A to issue citations under this chapter shall be limited to the issuance of citations for violations occurring on the property of state and community colleges. Separate record-keeping and data collection, including, but not limited to, racial or gender profiling data collection and analysis required under chapter 228 of the acts of 2000, shall be performed by such campus police departments, separate from those conducted by any municipal police department or the state police.

SECTION 4. Section 2 of chapter 228 of the acts of 2000 is hereby amended by striking out, in lines 3 and 4, the words “officers in” and inserting in place thereof the following words:- officers, including all police officers as defined under section 1 of chapter 90C of the General Laws, in.

SECTION 5. Section 3 of said chapter 228 is hereby amended by inserting after the word “officers”, in line 3, the following words:- , including all police officers as defined under section 1 of chapter 90C of the General Laws.

SECTION 6. Section 6 of said chapter 228 is hereby amended by striking out, in line 2, the words “officers on” and inserting in place thereof the following words:- officers, and all other police officers, as defined under section 1 of chapter 90 of the General Laws, on.

SECTION 7. Section 10 of said chapter 228 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-The executive office of public safety shall, in consultation with the attorney general, if such data suggest that a state police barracks or a municipal, college, university or other educational institution or hospital police department appears to have engaged in racial or gender profiling, require such barracks or department to collect information on all traffic stops for a period of 1 year, including those not resulting in a warning, citation or arrest.

SECTION 8. Said section 10 of said chapter 228 is hereby further amended by striking out, in line 14, the words “or the municipality” and inserting in place thereof the following words:- , the municipality, college, university or other educational institution or hospital.

Approved June 30, 2006.

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