Vote Smart's Synopsis:

Vote to pass a bill that amends police standards and restructures policing resources.

Highlights:

• Prohibits a law enforcement officer from using physical force upon another person unless de-escalation tactics have been attempted and failed or are not feasible based on the totality of the circumstances and such force is necessary to (pg. 51): 

• Effect the lawful arrest of a person;

• Prevent the escape from custody of a person; or

• Prevent imminent harm and the amount of force used is proportional to the threat of imminent harm.

• Prohibits a law enforcement officer from using a chokehold (pg. 51).

• Defines a “chokehold” as the use of a lateral vascular neck restraint, carotid restraint or other action that involves the placement of any part of the law enforcement officer’s body on or around a person’s neck in a manner that limits the person’s breathing or blood flow with the intent of or the result of causing unconsciousness or death (pg 50).

• Prohibits a law enforcement officer from discharging tear gas or any other chemical weapon, discharging rubber pellets from a propulsion device or release a dog to control or influence a person’s behavior unless (pg. 52):

• De-escalation tactics have been attempted and failed or are not feasible based on the totality of the circumstances; and 

• The measures used are necessary to prevent imminent harm and the foreseeable harm inflicted by the tear gas or other chemical weapon, rubber pellets or dog is proportionate to the threat of imminent harm.

• Requires an officer present and observing another officer using unnecessary physical and deadly force to intervene to prevent the force unless intervening would result in imminent harm to the officer or another identifiable individual (pg 53).

• Prohibits qualified immunity from applying to claims for monetary damages except upon finding that, at the time the conduct occurred, no reasonable defendant could have had reason to believe that such conduct would violate the law (pg. 21).

• Requires there a to be a permanent commission on the status of African Americans that consists of (pg. 1):

• 3 persons appointed by the governor from a list of no less than 5 nominees provided by the Massachusetts branches of the National Association for the Advancement of Colored People New England Area Conference;

• 3 persons appointed by the president of the senate from a list of no less than 5 nominees from the Massachusetts Black and Latino Legislative Caucus; and

• 3 persons appointed by the speaker of the house of representatives from a list of no less than 5 nominees provided by the Massachusetts Black and Latino Legislative Caucus.

• Requires the commission to make policy recommendations based on research and analysis to the general court and executive agencies that (pg. 2):

• Ensure African Americans equitably benefit from and have access to government services in the same manner as other citizens of the commonwealth; and

• Amend laws policies and practices that have benefited citizens of the commonwealth to the exclusion of African Americans promote solutions that address the impact of discrimination against African Americans. 

• Requires the Police Officer Standards and Accreditation Committee to set policies and standards for the training of and candidates for (pg. 5): 

• Municipal police officers;

• Police officers in the Massachusetts bay transportation authority police force;

• Police officers of law enforcement within the executive office of environmental affairs;

• The University of Massachusetts police officers;

• Campus police officers attending committee-approved academies or training programs; and

• Deputy sheriffs.

• Requires the Police Officer Standards and Accreditation Committee to (pg. 5):

• Set policies and standards for background investigations for all people appointed to committee-certified municipal police training schools;

• Maintain records of training for all officers;

• Establish training requirements and develop guidance for meeting the requirements; and

• Review and recommend to the secretary of public safety and security an annual appropriation for the administration of the committee, the operations of a headquarters and regional training centers, and the delivery of standardized training at the centers.

• Requires the Police Officer Standards and Accreditation Committee to maintain a searchable database of all complaints against law enforcement officers which will identify each officer by a confidential and anonymous number and include (pg. 11).

• The officer’s appointing authority;

• The date of the incident referenced in the complaint;

• The location of the incident;

• The race and ethnicity of each officer involved in the incident;

• The age, gender, race, and ethnicity of each person involved in the incident, if known;

• Whether a person in the complaint was injured, received medical care, was hospitalized or died as a result of the incident; and

• The agency or other entity assigned to conduct an investigation of the incident.

Full Bill Text