| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 3766 FILED ON: 1/17/2025 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1894 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Samantha Montaño |
|---|
| 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 promoting equity in traffic stops. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/17/2025 1 of 2 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 3766 FILED ON: 1/17/2025 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1894 |
|---|
| 18 | 18 | | By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1894) of |
|---|
| 19 | 19 | | Samantha Montaño relative to evidence obtained during traffic stops in criminal proceedings. |
|---|
| 20 | 20 | | The Judiciary. |
|---|
| 21 | 21 | | The Commonwealth of Massachusetts |
|---|
| 22 | 22 | | _______________ |
|---|
| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 24 | 24 | | (2025-2026) |
|---|
| 25 | 25 | | _______________ |
|---|
| 26 | 26 | | An Act promoting equity in traffic stops. |
|---|
| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 28 | 28 | | of the same, as follows: |
|---|
| 29 | 29 | | 1 The General Laws are hereby amended by inserting after section 20H of chapter 90 of the |
|---|
| 30 | 30 | | 2General Laws the following section:- |
|---|
| 31 | 31 | | 3 Section 20I. |
|---|
| 32 | 32 | | 4 (a) Evidence obtained during a traffic stop shall be inadmissible in any criminal |
|---|
| 33 | 33 | | 5proceeding if the evidence is unrelated to the traffic violation that was the basis for the stop, |
|---|
| 34 | 34 | | 6unless the officer had reasonable suspicion or probable cause to believe that the operator or |
|---|
| 35 | 35 | | 7passenger of the vehicle was engaged in an act that constitutes a felony or a misdemeanor prior |
|---|
| 36 | 36 | | 8to initiating the stop. |
|---|
| 37 | 37 | | 9 (b) In any motion to suppress evidence under this section, the burden shall be on the |
|---|
| 38 | 38 | | 10commonwealth to prove by a preponderance of the evidence that reasonable suspicion or |
|---|
| 39 | 39 | | 11probable cause of criminal activity existed prior to the initiation of the traffic stop. 2 of 2 |
|---|
| 40 | 40 | | 12 (c) Nothing in this section shall be construed to limit the authority of law enforcement to |
|---|
| 41 | 41 | | 13enforce the traffic laws of the commonwealth. Law enforcement officers may issue citations, |
|---|
| 42 | 42 | | 14warnings, or make arrests for violations of traffic laws; provided, however, that such |
|---|
| 43 | 43 | | 15enforcement shall not serve as a pretext for investigating unrelated criminal activity. |
|---|
| 44 | 44 | | 16 (d) (1) Any evidence obtained in violation of this section shall be suppressed and shall |
|---|
| 45 | 45 | | 17not be admissible in any criminal proceeding in the courts of the commonwealth. |
|---|
| 46 | 46 | | 18 (2) Any individual subjected to a traffic stop in violation of this section may pursue all |
|---|
| 47 | 47 | | 19civil remedies available under state or federal law, including but not limited to claims for |
|---|
| 48 | 48 | | 20injunctive relief or monetary damages. |
|---|