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HOUSE DOCKET, NO. 2662 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1662
The Commonwealth of Massachusetts
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PRESENTED BY:
Christopher M. Markey
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to improve transparency in alleged police misconduct.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher M. Markey9th Bristol1/19/2023 1 of 2
HOUSE DOCKET, NO. 2662 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1662
By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1662) of
Christopher M. Markey relative to alleged police misconduct. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1769 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to improve transparency in alleged police misconduct.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 8 of Chapter 38 as appearing in the 2020 Official Edition is hereby amended by
2striking out the Section and replacing it with the following:
3 Section 8. The chief medical examiner or his designee may request the attorney general
4or the district attorney to direct that an inquest be held. The attorney general or district attorney
5may, regardless of whether or not action has been taken by the office of the chief medical
6examiner, require an inquest to be held in case of any death. The district court which has
7jurisdiction over the matter shall thereupon hold an inquest.
8 The attorney general, district attorney, police chief, executive of a city, or select board of
9a town may request an inquest, which is to be conducted by the attorney general or the district
10attorney, to be held in any case in which there is reasonable suspicion that a law enforcement 2 of 2
11officer, within their respective jurisdiction, while acting within the scope as a law enforcement
12officer, engaged in conduct which violated any laws or regulations of the of the United States of
13America, the Commonwealth of Massachusetts, or the city or town, and result of such violation,
14caused serious bodily injury to another, as defined under chapter two hundred and sixty-five. The
15district court which has jurisdiction over the matter shall thereupon hold an inquest.
16 The court shall give seasonable notice of the time and place of the inquest to the
17department of telecommunications and energy, in any case of death by accident upon a public
18conveyance regulated by said department, and to the registry of motor vehicles in any case of
19death in which any motor vehicle is involved. Such notice shall also be given to any parent,
20spouse, or other member of the deceased's immediate family or to the deceased's legal
21representative or legal guardian.
22 Any person who has been identified by the attorney general, the district attorney, as the
23case may be, as the target of an investigation in connection with the death of the deceased or
24serious bodily injury of another, may be present during the holding of such inquest and be
25represented by counsel, and may request leave of the court to present or examine witnesses, and
26shall at the completion of the court's report of said inquest have the right to examine said report;
27provided, however, that no indictment shall be dismissed nor shall any evidence be suppressed
28for violation of the provisions of this paragraph. All other persons not required by law to attend
29may be excluded from the inquest; provided, however, the complainant, the parents, guardian or
30next of kin of the person whose death or serious bodily injury is the subject of the inquest shall
31be deemed to be interested persons who may be present during the holding of such inquest. The
32court may order, as it deems appropriate, that witnesses to be examined during the inquest be
33sequestered.