Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2686 Compare Versions

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22 HOUSE DOCKET, NO. 3034 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2686
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 David M. Rogers
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to police interactions with persons on the autism spectrum.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025James Arciero2nd Middlesex2/21/2025Christine P. Barber34th Middlesex2/18/2025Michael D. BradySecond Plymouth and Norfolk2/27/2025Manny Cruz7th Essex2/27/2025James B. EldridgeMiddlesex and Worcester2/27/2025William C. Galvin6th Norfolk2/25/2025Colleen M. Garry36th Middlesex2/10/2025James K. Hawkins2nd Bristol2/11/2025Christopher Hendricks11th Bristol2/10/2025Natalie M. Higgins4th Worcester2/8/2025Vanna Howard17th Middlesex1/21/2025Hannah Kane11th Worcester2/7/2025David Paul Linsky5th Middlesex2/10/2025John J. Marsi6th Worcester2/13/2025Thomas M. Stanley9th Middlesex3/4/2025Steven Ultrino33rd Middlesex3/6/2025Erika Uyterhoeven27th Middlesex2/19/2025 2 of 2
1616 Marcus S. Vaughn9th Norfolk2/26/2025Susannah M. Whipps2nd Franklin2/7/2025 1 of 4
1717 HOUSE DOCKET, NO. 3034 FILED ON: 1/16/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 2686
1919 By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2686) of
2020 David M. Rogers and others relative to police training in appropriate interactions with persons on
2121 the autism spectrum and other intellectual and developmental disabilities. Public Safety and
2222 Homeland Security.
2323 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2424 SEE HOUSE, NO. 2351 OF 2023-2024.]
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Fourth General Court
2828 (2025-2026)
2929 _______________
3030 An Act relative to police interactions with persons on the autism spectrum.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 Chapter 6 of the General Laws is hereby amended by inserting after section 116I the
3434 2following section:-
3535 3 Section 116I ½. (a) For the purposes of this section, the following words shall, unless the
3636 4context clearly requires otherwise, have the following meanings:-
3737 5 “Agency”, the ability to make independent decisions and act in one’s own best interests.
3838 6 “Autism spectrum”, a disorder or disability on the autism spectrum, including but not
3939 7limited to: autistic disorder, Asperger's disorder, pervasive developmental disorder - not
4040 8otherwise specified, childhood disintegrative disorder, nonverbal learning disorder or Rhett's 2 of 4
4141 9Syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of the
4242 10American Psychiatric Association.
4343 11 “Correction officer”, any officer employed by a correctional facility who is tasked with
4444 12the custody, care or transport of incarcerated or detained persons.
4545 13 “Correctional facility”, as defined in section 1 of chapter 125.
4646 14 “Intellectual and developmental disabilities”, an intellectual or developmental disability,
4747 15as defined in the most recent edition of the Diagnostic and Statistical Manual of the American
4848 16Psychiatric Association.
4949 17 “Law enforcement agency”, (i) a state, county, municipal or district law enforcement
5050 18agency, including, but not limited to: a city, town or district police department, the office of
5151 19environmental law enforcement, the University of Massachusetts police department, the
5252 20department of the state police, the Massachusetts Port Authority police department, also known
5353 21as the Port of Boston Authority police department, and the Massachusetts Bay Transportation
5454 22Authority police department; (ii) a sheriff’s department in its performance of police duties and
5555 23functions; or (iii) a public or private college, university or other educational institution or
5656 24hospital police department.
5757 25 “Law enforcement officer” or “officer”, any officer of an agency, including the head of
5858 26the agency; a special state police officer appointed pursuant to section 58 or section 63 of chapter
5959 2722C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and
6060 28functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police
6161 29duties and functions; a constable executing an arrest for any reason; or any other special, reserve
6262 30or intermittent police officer. 3 of 4
6363 31 (b) The municipal police training committee shall establish an in-service training
6464 32curriculum on or before January 1, 2024 for the training of law enforcement officers and
6565 33correction officers in appropriate interactions with persons on the autism spectrum and persons
6666 34with other intellectual and developmental disabilities; provided, that this training shall not
6767 35increase the currently required hours of in-service training. The municipal police training
6868 36committee shall develop guidelines for law enforcement response to persons on the autism
6969 37spectrum and persons with other intellectual and developmental disabilities who are victims or
7070 38witnesses to a crime, or suspected or convicted of a crime. The course of instruction and the
7171 39guidelines shall emphasize: (1) positive responses to persons on the autism spectrum and persons
7272 40with other intellectual and developmental disabilities, (2) de-escalating potentially dangerous
7373 41situations, (3) understanding of the different manner by which persons on the autism spectrum
7474 42and persons with other intellectual and developmental disabilities process sensory stimuli and
7575 43language and (4) appropriate methods of interrogation. The training shall address the best
7676 44practices for interactions with the broad range of persons on the autism spectrum and persons
7777 45with other intellectual and developmental disabilities, including those with intersecting
7878 46marginalized identities.
7979 47 The training presenters shall include presentations from adults on the autism spectrum.
8080 48Where appropriate, the training presenters shall also include experts on autism spectrum
8181 49disorders who also have expertise in the law enforcement or correction field.
8282 50 (c) The in-service training for law enforcement officers and correction officers shall
8383 51include not less than 2 hours of instruction in the procedures and techniques described below: 4 of 4
8484 52 (1) The nature and manifestations of autism spectrum disorders and other intellectual and
8585 53developmental disabilities.
8686 54 (2) Appropriate techniques for interviewing or interrogating persons on the autism
8787 55spectrum and persons with other intellectual and developmental disabilities, including techniques
8888 56to ensure legality of statements made, and techniques to protect the rights of the interviewee.
8989 57 (3) Techniques for locating persons on the autism spectrum and persons with other
9090 58intellectual and developmental disabilities who runs away and are in danger, and returning the
9191 59person while causing as little stress as possible to the person.
9292 60 (4) The legal duties imposed on police officers to offer protection and assistance,
9393 61including guidelines for making felony and misdemeanor arrests, and appropriate techniques for
9494 62arrest and restraint of persons on the autism spectrum and persons with other intellectual and
9595 63developmental disabilities.
9696 64 (5) Techniques for de-escalating a potentially dangerous situation to maximize the safety
9797 65of both: (i) law enforcement officers or correction officers and (ii) persons on the autism
9898 66spectrum and persons with other intellectual and developmental disabilities.
9999 67 (6) Techniques for differentiating between persons on the autism spectrum and persons
100100 68with other intellectual and developmental disabilities from a person who is belligerent,
101101 69uncooperative or otherwise displaying traits similar to the characteristics of a person on the
102102 70autism spectrum and persons with other intellectual and developmental disabilities.
103103 71 (7) Procedures to ensure the safety and wellbeing of persons on the autism spectrum and
104104 72persons with other intellectual and developmental disabilities in a correctional facility.