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Bill > H3480


MA H3480

MA H3480
Relative to establishing an independent review board for police shootings


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to establish an independent police conduct review board. Public Safety and Homeland Security.

AI Summary

This bill establishes an Independent Police Conduct Review Board, an independent body within the executive office of public safety and security, tasked with investigating and adjudicating all instances where a law enforcement officer discharges a firearm and another person is shot, regardless of the severity of the injury. The board will consist of seven members, including representatives from police organizations, civil liberties groups, and community advocacy, along with a retired judge nominated by the governor, a prosecutor nominated by the attorney general, and a defense attorney nominated by the committee for public counsel services, with the governor's appointee serving as chair. This board will also have the authority to investigate other allegations of misconduct by law enforcement officers, appointing hearing officers to review these cases. Law enforcement agencies must report shootings to the board within 24 hours, and the board will have subpoena power to gather evidence and conduct public hearings, with decisions being final and binding for disciplinary actions and union grievances. If a board member is found to have acted unlawfully or engaged in misconduct when a firearm was discharged and a person was shot, the consequences include termination and a 10-year ban from law enforcement employment, along with a 10-year revocation of their firearm license. For other misconduct allegations, discipline will range from a public reprimand to termination. The board can also recommend criminal prosecution and may stay its proceedings pending a criminal investigation. The bill clarifies that its proceedings do not preclude criminal prosecution or civil litigation and that any rulings are subject to judicial review.

Committee Categories

Justice

Sponsors (10)

Last Action

Accompanied a study order, see H4611 (on 09/15/2016)

bill text


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