Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1146 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1743 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1146
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Robyn K. Kennedy
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 relative to constables in the commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst Worcester 1 of 3
16	16	SENATE DOCKET, NO. 1743 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1146
18	18	By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 1146) of Robyn K. Kennedy for
19	19	legislation relative to constables in the commonwealth. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to constables in the commonwealth.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 41 of the General Laws, as so appearing in the 2022 Official
29	29	2Editon, is here by amended by inserting after section 91B the following section:-
30	30	3 91C. (a) to qualify as a supervisor for a constable, an entity must:
31	31	4 (1) be either: (i) a municipal executive of a Massachusetts municipality in which the
32	32	5constable desires to serve; (ii) The principal law enforcement agency of a Massachusetts
33	33	6municipality in which the constable desires to serve, provided that such agency has not been
34	34	7barred from serving as the constable’s supervisor by a municipal executive of the municipality.
35	35	8 (2) be the same entity as any law enforcement agency that, at the time of the constable’s
36	36	9application, is serving as the constable’s sponsoring agency under MGL chapter 6 section 116.
37	37	10 (3) agree in writing to serve as the constable’s supervisor. 2 of 3
38	38	11 SECTION 2. Said chapter 41 is hereby amended by striking out section 94 and inserting
39	39	12in place thereof the following section:-
40	40	13 Section 94. (a) For the purposes of this section, the following words shall, unless the
41	41	14context clearly requires otherwise, have the following meanings:
42	42	15 “Arrest” an actual or constructive seizure or detention of a person, performed with the
43	43	16intention to effect an arrest and so understood by the person detained. For purposes of applying
44	44	17this definition, the following shall constitute seizures: an application, to the body of a person, of
45	45	18physical force that objectively manifests an intent to restrain; a show of authority, through words
46	46	19or conduct, that a reasonable person would consider coercive; and an exercise of official powers
47	47	20that is facilitated by the use or display of a weapon.
48	48	21 (b) Constables may serve the writs and processes described in section ninety-two and
49	49	22warrants and processes in criminal cases, although their town, parish, religious society or district
50	50	23is a party or interested. They shall have the powers of sheriffs to require aid in the execution of
51	51	24their duties. They shall serve all warrants and other processes directed to them by the selectmen
52	52	25of their town for notifying town meetings or for other purposes. They may serve by copy,
53	53	26attested by them, demands, notices and citations, and their returns of service thereof shall be
54	54	27prima facie evidence; but this provision shall not exclude the service thereof by other persons.
55	55	28 (c) an individual may execute an arrest as a constable only if: (i) The individual possesses
56	56	29a certification, in compliance with chapter 6E, that has not been suspended and that has not been
57	57	30conditioned, limited, or restricted in a manner that precludes the execution of such an arrest; (ii)
58	58	31the individual otherwise possesses the legal authority to execute arrests of the type involved as a
59	59	32constable. 3 of 3
60	60	33 (d) If an individual executes an arrest as a constable absent satisfaction of the
61	61	34requirements of the Massachusetts peace officer standards and training commission, as defined
62	62	35by chapter 6E, may take appropriate action under said chapter 6E.
63	63	36 SECTION 3. The Massachusetts peace officer standards and training commission shall
64	64	37promulgate regulations for the implementation of this act, which shall include information
65	65	38related to the supervision of constables.