An Act Relative to the Decriminalization of Minor Offenses

Summary

Massachusetts has a decriminalization law that is little known and rarely used. Section 70C of Chapter 277 allows for the decriminalization of certain misdemeanors, but only after a defendant arrives in court either at arraignment or post-arraignment at a pretrial conference. The fact that the decriminalization option is available so late in the process explains why it is so seldom used. By the time a defendant has reached arraignment, there has already been an investment of time and resources in processing the defendant or preparing and issuing the complaint. And if the defendant has been arraigned, the offense has already been added to his or her criminal record.  This legislation permits a police officer to issue citations at the street level for very minor offenses, rather than seeking a criminal complaint. In order to allow for this option, misdemeanors and civil infractions need to be added to the list of infractions that can be dealt with under the civil process outlined in 21D.

An Act Relative to the Definition of Attempt in Criminal Cases

Summary

This legislation brings the Commonwealth in line with the many states that have adopted the Model Penal Code definition of attempt, which emphasizes what the actor has done rather than what remains to be done to commit the crime, and which only imposes liability if the person takes a substantial step towards the commission of the crime while acting with the intent required to commit the crime.  See Commonwealth v. Bell, 455 Mass. 408 (2009).

An Act Relative to Criminal Justice Training Regarding Autistic Persons

Summary

This bill would require the Municipal Police Training Committee to develop and implement a curriculum for training police officers in appropriate interactions with persons on the autism spectrum, and develop guidelines for law enforcement response to such individuals. The course would include proper techniques for interviews, locating persons on the spectrum, identifying abusive situations, de-escalation with autistic individuals, and more. The bill would require training for new recruits and allow the MPTC to include it periodically for in-service training.

An Act to Protect Persons with Intellectual or Developmental Disabilities

Summary

This legislation requires the Department of Developmental Services to establish and maintain a registry of former employees who have been terminated or separated from employment as a result of abuse.  DDS shall make information in the registry available only to: (1) authorized agencies, for the purpose of protective service determinations; (2) employers who employ employees to provide services to an individual who receives services or funding from the department of developmental services for the purpose of determining whether an applicant for employment appears on the registry.  DDS shall not place a former employee's name on the registry until the Department has completed the hearing and the hearing has resulted in a decision to place the former employee's name on the registry staff.

An Act Establishing a Hate Crimes Grant Program

Summary

This legislation directs the Department of Elementary and Secondary Education, in coordination with the Executive Office of Public Safety and security and the Massachusetts Governor’s Hate Crimes Task Force, shall establish a grant program, subject to appropriation, for the education and prevention of hate crimes and incidences of bias in public schools. The grants shall be used for education and prevention programs in school districts for the purposes of education, professional development, prevention, or community outreach. In awarding grants, priority shall be given to communities with an identified need.

An Act relative to public safety on private college and university campuses

Summary

This legislation allows special state police officers appointed by any private college or private university, in connection with the operation of any part of the college or university within the limits of the campuses, to perform police duties under the direction of the commanding officer or the person in charge of such campus or other property. While performing such duties within those limits, the special state police officers shall have the same authorities as duly appointed and qualified Police Officers acting elsewhere in the Commonwealth.

An Act updating hunter harassment laws

Summary

This legislation updates the hunter harassment law by (1) adding prohibitions against verbally or physically harassing, threatening or intimidating individual’s lawfully engaged in fishing and hunting and (2) banning the use of mechanical aerial devices to drive wildlife, harass, film, photograph or otherwise intimidate. The bill also adds penalties and/or fines for violations of this law.

An Act establishing a standing commission on operating under the influence and impaired driving

Summary

This legislation was filed in conjunction with the Cannabis Control Commission, to help the Commonwealth better address the effects of impaired driving. While the mission of the commission would extend to all impaired driving, it includes specific directives regarding the challenges of legalized marijuana. The Commission will be directed to study the emerging scientific and medical tests, as well as considering the civil liberties of the driver, socio-economic impacts of the testing, and the admissibility of evidence in court proceedings.

An Act relative to criminal justice training regarding autistic persons

Summary

This bill would require the Municipal Police Training Committee to develop and implement a curriculum for training police officers in appropriate interactions with persons on the autism spectrum, and develop guidelines for law enforcement response to such individuals. The course would include proper techniques for interviews, locating persons on the spectrum, identifying abusive situations, de-escalation with autistic individuals, and more. The bill would require the training for new recruits and allow the MPTC to include it periodically for in-service training.

An Act establishing a cybersecurity control and review commission

Summary

This bill would establish a standing body to advise the Commonwealth on issues related to cybersecurity. The Commission would be composed of general cybersecurity experts, specific issue experts, and legislative officials. It would be chaired by the Secretary of Technology Safety and Security or his designee. The would be tasked with recommending cybersecurity standards for state and local agencies that collect sensitive information, as well as private businesses contracting with the Commonwealth. They would also establish a voluntary cybersecurity accreditation for private businesses in the commonwealth to encourage good practices by both businesses and consumers.

An Act improving the quality of courthouse security

Summary

This bill would permit court officers to carry firearms, pursuant to their police powers, within the courthouse. As part of the ongoing professionalization of court officers, security officials for the Trial Court plan to authorize a portion of the force to carry firearms on duty. In order to be eligible for to carry, the court officer must first obtain an LTC through the existing process under Chapter 140/s131.  They must also complete a firearm training course approved by the Chief justice of the Trial Court, Supreme Judicial Court, or the Appeals Court.

An Act establishing local emergency management agencies

Summary

This bill would allow municipalities to establish a Local Emergency Management Agencies. These agencies would be organized and run by a director, who would report directly to the municipality’s appointing authority (Mayor or City manager for a city, or the Town Manager or Town Administrator in towns). The Agency would have the authority to utilize and coordinate the services, equipment, supplies and facilities of the town in response. This would only take effect in the case of a declaration of a state of emergency by the appointing authority and would be superseded by any declaration made by the Governor.

An Act providing mental wellness training for police officers

Summary

This legislation requires the Municipal Police Training Commission to develop and implement a course for training the Commonwealth’s law enforcement officers on mental wellness and suicide prevention. The course shall be 2 hours of instruction, and incorporated into both the recruit basic training curriculum and the in-service training curriculum. The bill requires all officers certified by the MPTC to attend and complete the course annually. The bill also requires every State Police Trooper to complete a course that meets the standards established by the legislation.

An Act Relative to public safety on private college and university campuses

Summary

This legislation would allow for police officers employed by private colleges in universities to be eligible to obtain a Massachusetts Police Identification Card, which is currently used as a basic ID across law enforcement departments. This is especially important for a number of urban campus departments who regularly assist municipal departments for large scale events, including the Boston Marathon or various parades.  It would also allow such officers to carry a taser if (1) they hold a valid LTC authorized by their local authority, (2) are authorized to carry firearms as part of their duties and (3) the use of tasers is approved by the chief of their department.

An Act authorizing electronic signatures on search warrant applications

Summary

After drafting an affidavit to support to request a search warrant, a physical copy of the necessary documents must be transported to the home of an on call clerk magistrate or judge. Current statute requires a handwritten signature for search warrants, often causing logistical delays in the midst of time sensitive investigations. This bill would eliminate the requirement of a ‘wet’ signature and authorize electronic signatures when necessary. Electronic signatures for search warrants have been enacted in many states, including California, Maryland, Washington, Minnesota, Arizona and Louisiana.

An Act relative to line of duty benefits for police officers employed by private colleges and universities

Summary

This legislation would line of duty death benefits to sworn officers of private universities or colleges who meet the statutory requirements for a special state police officer. Special laws have been passed to extend these benefits to such officers in individual circumstances, and this bill mirrors that language.