1 of 1 HOUSE DOCKET, NO. 1760 FILED ON: 1/15/2025 HOUSE . . . . . . . . . . . . . . . No. 2634 The Commonwealth of Massachusetts _________________ PRESENTED BY: Natalie M. Higgins _________________ 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 relative to sexual assault by an officer. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/15/2025Susannah M. Whipps2nd Franklin1/30/2025Sally P. Kerans13th Essex2/10/2025James B. EldridgeMiddlesex and Worcester2/11/2025James K. Hawkins2nd Bristol2/12/2025Mike Connolly26th Middlesex3/4/2025Samantha Montaño15th Suffolk3/6/2025Michael O. MooreSecond Worcester3/6/2025 1 of 2 HOUSE DOCKET, NO. 1760 FILED ON: 1/15/2025 HOUSE . . . . . . . . . . . . . . . No. 2634 By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2634) of Natalie M. Higgins and others relative to indecent assault and battery committed by law enforcement officers. Public Safety and Homeland Security. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to sexual assault by an officer. 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 1. Section 13H½ of Chapter 265 of the General Laws, as appearing in the 22022 Official Edition, is hereby amended by inserting after the first sentence the following:- 3 For the purposes of this section, “control” shall include, but not be limited to, supervising 4a person under the age of 18 who is in a law enforcement training program; interacting with a 5person being questioned, investigated or detained; communicating the power to charge or arrest a 6person, whether explicitly or implicitly, regardless of whether such power could lawfully be 7exercised; or otherwise exercising or attempting to exercise coercion or influence while acting 8under color of law. 9 For the purposes of this section, “coercion” shall include, but not be limited to, threats of 10serious harm to or physical restraint against any person; any scheme, plan, or pattern intended to 11cause a person to believe that failure to perform an act would result in serious harm to or 12physical restraint against any person; or the abuse or threatened abuse of the legal process. 2 of 2 13 SECTION 2. Section 22 of said Chapter 265, as so appearing, is hereby amended by 14inserting after the first sentence the following:- 15 For the purposes of this subsection, “control” shall include, but not be limited to, 16supervising a person under the age of 18 who is in a law enforcement training program; 17interacting with a person being questioned, investigated or detained; communicating the power 18to charge or arrest a person, whether explicitly or implicitly, regardless of whether such power 19could lawfully be exercised; or otherwise exercising or attempting to exercise coercion or 20influence while acting under color of law. 21 For the purposes of this section, “coercion” shall include, but not be limited to, threats of 22serious harm to or physical restraint against any person; any scheme, plan, or pattern intended to 23cause a person to believe that failure to perform an act would result in serious harm to or 24physical restraint against any person; or the abuse or threatened abuse of the legal process. 25 SECTION 3. Each law enforcement agency shall create, within 180 from the passage of 26this bill, a policy that prohibits law enforcement officers from knowingly and willingly engaging 27in sexual contact with the suspect of a criminal investigation of prostitution during the course of 28an investigation conducted by that officer. The policy shall be posted and made publicly 29available.