Mass. Gen. Laws ch. 6E § 1

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 6E:1 - Definitions

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Agency", a law enforcement agency.

"Appointing agency", the agency appointing a law enforcement officer.

"Bias-free policing", policing decisions made by and conduct of law enforcement officers that shall not consider a person's race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level. This definition shall include policing decisions made by or conduct of law enforcement officers that:

(1) are based on a law enforcement purpose or reason which is non-discriminatory, or which justifies different treatment; or

(2) consider a person's race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level because such factors are an element of a crime.

"Chair", the chair of the commission.

"Chokehold", the use of a lateral vascular neck restraint, carotid restraint or other action that involves the placement of any part of 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 with the result of causing bodily injury, unconsciousness or death.

"Commission", the Massachusetts peace officer standards and training commission established pursuant to section 2.

"Commissioner", a member of the commission.

"Conviction", an adjudication of a criminal matter resulting in any outcome except wherein the matter is dismissed or the accused is found to be not guilty, including, but not limited, to an adjudication of guilt with or without the imposition of a sentence, a plea of guilty, a plea of nolo contendere, an admission to sufficient facts, a continuance without a finding or probation.

"Deadly force", physical force that can reasonably be expected to cause death or serious physical injury.

"Decertified", an officer whose certification is revoked by the commission pursuant to section 10.

"De-escalation tactics", proactive actions and approaches used by an officer to stabilize a law enforcement situation so that more time, options and resources are available to gain a person's voluntary compliance and to reduce or eliminate the need to use force including, but not limited to, verbal persuasion, warnings, slowing down the pace of an incident, waiting out a person, creating distance between the officer and a threat and requesting additional resources to resolve the incident, including, but not limited to, calling in medical or licensed mental health professionals, as defined in subsection (a) of section 51¹/₂of chapter 111, to address a potential medical or mental health crisis.

"Division of standards", the division of police standards established pursuant to section 8.

"Division of certification", the division of police certification established pursuant to section 4.

"Executive director", the executive director of the commission appointed pursuant to subsection (g) of section 2.

"Law enforcement agency", (i) a state, county, municipal or district law enforcement agency, including, but not limited to: a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department; (ii) a sheriff's department in its performance of police duties and functions; or (iii) a public or private college, university or other educational institution or hospital police department; or (iv) a humane society police department in section 57 of chapter 22C.

"Law enforcement officer" or "officer", any officer of an agency, including the head of the agency; a special state police officer appointed pursuant to section 57, section 58 or section 63 of chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police duties and functions; a constable executing an arrest for any reason; or any other special, reserve or intermittent police officer.

"Officer-involved injury or death", any event during which an officer:

(i) discharges a firearm, as defined in section 121 of chapter 140, actually or proximately causing injury or death to another;

(ii) discharges any stun gun as defined in said section 121 of said chapter 140, actually or proximately causing injury or death to another;

(iii) uses a chokehold, actually or proximately causing injury or death of another;

(iv) discharges tear gas or other chemical weapon, actually or proximately causing injury or death of another;

(v) discharges rubber pellets from a propulsion device, actually or proximately causing injury or death of another;

(vi) deploys a dog, actually or proximately causing injury or death of another;

(vii) uses deadly force, actually or proximately causing injury or death of another;

(viii) fails to intervene, as required by section 15, to prevent the use of excessive or prohibited force by another officer who actually or proximately causes injury or death of another; or

(ix) engages in a physical altercation with a person who sustains serious bodily injury or requests or receives medical care as a result.

"Serious bodily injury", bodily injury that results in:

(i) permanent disfigurement;

(ii) protracted loss or impairment of a bodily function, limb or organ; or

(iii) a substantial risk of death.

"Untruthful" or "untruthfulness", knowingly making an untruthful statement concerning a material fact or knowingly omitting a material fact:

(i) on an official criminal justice record, including, but not limited to, a police report;

(ii) while testifying under oath;

(iii) to the commission or an employee of the commission; or

(iv) during an internal affairs investigation, administrative investigation or disciplinary process.

Mass. Gen. Laws ch. 6E, § 1

Amended by Acts 2022 , c. 126, §§  7, 8 eff. 7/1/2022.

Added by Acts 2020 , c. 253, § 30, eff. 7/1/2021.