Whereas, The deferred operation of this act would tend to defeat its purpose, which is to curb fare evasion on the Massachusetts Bay Transportation Authority, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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 101 of chapter 159 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 3, the words “or by the Massachusetts Bay Transportation Authority”.
SECTION 2. Said section 101 of said chapter 159, as so appearing, is hereby further amended by inserting after the word “police”, in line 17, the following words:- or employees within the instructor, chief inspector or inspector classifications.
SECTION 3. The second paragraph of said section 101 of said chapter 159, as so appearing, is hereby amended by adding the following 3 sentences:- Upon request by a Massachusetts Bay Transportation Authority police officer, a passenger shall make themselves known to police by personal identification or any other means for the purpose of issuing a non-criminal citation. Whoever fails or refuses to make himself known by personal identification or any other means upon demand by a Massachusetts Bay Transportation Authority police officer for the purposes of issuing a non-criminal citation shall be subject to arrest for fare evasion pursuant to section 93. This paragraph does not confer any power of arrest or any other power, other than to inquire as to personal identification and to issue noncriminal citations to fare evaders, on Massachusetts Bay Transportation Authority employees classified as an instructor, chief inspector or inspector.
Approved January 3, 2007.