Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1662 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2662 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1662
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christopher M. Markey
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to improve transparency in alleged police misconduct.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher M. Markey9th Bristol1/19/2023 1 of 2
16	16	HOUSE DOCKET, NO. 2662 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1662
18	18	By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1662) of
19	19	Christopher M. Markey relative to alleged police misconduct. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1769 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to improve transparency in alleged police misconduct.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Section 8 of Chapter 38 as appearing in the 2020 Official Edition is hereby amended by
31	31	2striking out the Section and replacing it with the following:
32	32	3 Section 8. The chief medical examiner or his designee may request the attorney general
33	33	4or the district attorney to direct that an inquest be held. The attorney general or district attorney
34	34	5may, regardless of whether or not action has been taken by the office of the chief medical
35	35	6examiner, require an inquest to be held in case of any death. The district court which has
36	36	7jurisdiction over the matter shall thereupon hold an inquest.
37	37	8 The attorney general, district attorney, police chief, executive of a city, or select board of
38	38	9a town may request an inquest, which is to be conducted by the attorney general or the district
39	39	10attorney, to be held in any case in which there is reasonable suspicion that a law enforcement 2 of 2
40	40	11officer, within their respective jurisdiction, while acting within the scope as a law enforcement
41	41	12officer, engaged in conduct which violated any laws or regulations of the of the United States of
42	42	13America, the Commonwealth of Massachusetts, or the city or town, and result of such violation,
43	43	14caused serious bodily injury to another, as defined under chapter two hundred and sixty-five. The
44	44	15district court which has jurisdiction over the matter shall thereupon hold an inquest.
45	45	16 The court shall give seasonable notice of the time and place of the inquest to the
46	46	17department of telecommunications and energy, in any case of death by accident upon a public
47	47	18conveyance regulated by said department, and to the registry of motor vehicles in any case of
48	48	19death in which any motor vehicle is involved. Such notice shall also be given to any parent,
49	49	20spouse, or other member of the deceased's immediate family or to the deceased's legal
50	50	21representative or legal guardian.
51	51	22 Any person who has been identified by the attorney general, the district attorney, as the
52	52	23case may be, as the target of an investigation in connection with the death of the deceased or
53	53	24serious bodily injury of another, may be present during the holding of such inquest and be
54	54	25represented by counsel, and may request leave of the court to present or examine witnesses, and
55	55	26shall at the completion of the court's report of said inquest have the right to examine said report;
56	56	27provided, however, that no indictment shall be dismissed nor shall any evidence be suppressed
57	57	28for violation of the provisions of this paragraph. All other persons not required by law to attend
58	58	29may be excluded from the inquest; provided, however, the complainant, the parents, guardian or
59	59	30next of kin of the person whose death or serious bodily injury is the subject of the inquest shall
60	60	31be deemed to be interested persons who may be present during the holding of such inquest. The
61	61	32court may order, as it deems appropriate, that witnesses to be examined during the inquest be
62	62	33sequestered.