SECTION 91. SECTION 94. The committee may promulgate regulations pursuant to chapter 30A as necessary to implement sections 116 to 118, inclusive. (6)  A law enforcement officer may arrest a person without a warrant that the officer has probable cause to believe has committed an offense under this section and the value of the property stolen is more than $250. Section 96A of chapter 41 of the General Laws, as so appearing, is hereby amended by inserting after the word “felony”, in line 1, the following words:- or whose name is listed in the national decertification index or the database of decertified law enforcement officers maintained by the Massachusetts peace officer standards and training commission pursuant to chapter 6E. The special commission shall also conduct a thorough review of the access to educational, vocational or other programming options for incarcerated inmates and if there are disparities in access for persons of color and if structural racism is a cause of those disparities. “Law enforcement-related injuries and deaths”, injuries and deaths caused by a law enforcement officer or correction officer, whether employed by the commonwealth, a county, a municipality or other public or private entity, and occupational fatalities of a law enforcement officer or correction officer. If the position was filled by a nominating body, the replacement member shall be selected from solicited nominations. SECTION 12. Members of the commission shall be subject to the provisions of chapter 268A as they apply to special state employees. SECTION 39. Section 89. (2)  The commission shall not issue a certificate to an applicant who: (i) does not meet the minimum standards enumerated in paragraph (1) or the regulations of the commission; (ii) has been convicted of a felony or whose name is listed in the national decertification index or the database of decertified law enforcement officers maintained by the commission pursuant to clause (i) of subsection (a) of section 13; or (iii) while previously employed in law enforcement in any state or United States territory or by the federal government, would have had their certification revoked by the commission if employed by an agency in the commonwealth. (d)  A district attorney may divert any child for whom there is probable cause to issue a complaint, either before or after the assessment procedure set forth in subsection (b), with or without the permission of the court and without regard to the limitations in subsection (g). § 4-14.00 EFFECTIVE DATE. 23:04. The committee, and the Massachusetts peace officer standards and training commission established in section 2 of chapter 6E, shall jointly promulgate rules and regulations for the use of force by law enforcement officers consistent with sections 14 and 15 of chapter 6E. The chief of police shall give preference to candidates who demonstrate the requisite personality and character to work effectively with children, youth and educators in a school environment with a demonstrated ability to work successfully with a population that has a similar racial and ethnic background as those prevalent in the student body, and who have received specialized training relating to working with adolescents and children, including cognitive development, de-escalation tactics, as defined in section 1 of chapter 6E and alternatives to arrest and diversion strategies. Section 32A. Said chapter 41 is hereby further amended by inserting after section 98G the following section:-. Section 2A of chapter 211D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 105, the word “A” and inserting in place thereof the following words:- Except for a person under 18 years of age, a. shall be granted 1 longevity point for each full month of service since appointment to the department, up to a maximum of 120 months, computed as of the final date for the filing of applications for. “Type of crime”, the category of crime consistent with the categories established and utilized by the National Incident-Based Reporting System. (a) No criminal record resulting from a disposition of the following offenses shall be eligible for expungement pursuant to section 100F, section 100G or section 100H: (1)  any offense resulting in death or serious bodily injury; (2)  any offense committed with the intent to cause death or serious bodily injury; (3)  any offense committed while armed with a dangerous weapon; (4)  any offense against an elderly person; (5)  any offense against a disabled person; (6)  any sex offense as defined in section 178C of chapter 6; (7)  any sex offense involving a child as defined in section 178C of chapter 6; (8)  any sexually violent offense as defined in section 178C of chapter 6; (9)  any offense in violation of section 24 of chapter 90; (10)  any sexual offense as defined in section 1 of chapter 123A; (11)  any offense in violation of sections 121 to 131Q of chapter 140; (12)  any offense in violation of an order issued pursuant to section 18 or 34B of chapter 208; (13)  any offense in violation of an order issued pursuant to section 32 of chapter 209; (14)  any offense in violation of an order issued pursuant to chapter 209A; (15)  any offense in violation of an order issued pursuant to section 15 of chapter 209C; (16)  any offense in violation of an order issued pursuant to chapter 258E; (17)  any offense in violation of section 13M of chapter 265; (18)  any felony offense in violation of chapter 265; (19)  any offense in violation of paragraph (a), (b), (c) or (d) of section 10 of chapter 269; or. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense 4 times preceding the date of the commission of the offense for which the defendant has been convicted, the defendant shall be punished by a fine of not less than $2,000 nor more than $50,000 and by imprisonment for not less than 2 and one-half years or by a fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state prison for not less than 2 and one-half years nor more than 5 years; provided, however, that the sentence imposed upon such person shall not be reduced to less than 24 months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his or her sentence for good conduct until he or she shall have served 24 months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided further, that the defendant may serve all or part of such 24 months sentence, to the extent that resources are available, in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. (a) Notwithstanding any general or special law to the contrary, there shall be established, pursuant to section 2A of chapter 4 of the General Laws, a special legislative commission to study and examine the civil service law, personnel administration rules, hiring procedures and by-laws for municipalities not subject to the civil service law and state police hiring practices. Said section 37C of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 39 and 40, the words “two thousand dollars” and inserting in place thereof the following figure:- $10,000. The program shall include training for law enforcement response to individuals on the autism spectrum and those with other intellectual and developmental disabilities who are victims or witnesses to a crime or suspected or convicted of a crime. The crime laboratory within the department of the state police or an accredited private crime laboratory designated by the secretary of public safety and security shall test all previously unsubmitted investigatory sexual assault kits within 180 days of receipt from local law enforcement. The commission may establish procedures to ensure that no such person participates in commission deliberations that may directly affect the school districts employing those persons. SECTION 210. . SECTION 101. Please note that nothing has been officially released other than the new law and DLS Bulletin 2020-2 and 2020-3, … Section 13. The commission shall not recertify any person as a law enforcement officer unless the commission certifies that the applicant for recertification continues to satisfy the requirements of subsection (f). Said section 87A of said chapter 276, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following 2 paragraphs:-. SECTION 49. SECTION 120. (b)(1)  The head of an agency shall transmit any complaint received by said agency within 2 business days to the division of police standards, in a form to be determined by the commission; provided, that the form shall include, but shall not be limited to: (i) the name and commission certification identification number of the subject officer; (ii) the date and location of the incident; (iii) a description of circumstances of the conduct that is the subject of the complaint; (iv) whether the complaint alleges that the officer’s conduct: (A) was biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status or socioeconomic or professional level; (B) was unprofessional; (C) involved excessive, prohibited or deadly force; or (D) resulted in serious bodily injury or death; and (v) a copy of the original complaint submitted directly to the agency; provided, however, that the commission may establish a minimum threshold and streamlined process for the reporting or handling of minor complaints that do not involve the use of force or allegations of biased behavior. “Juvenile”, (1) a person appearing before a division of the juvenile court department who is (i) subject to a delinquency proceeding, (ii) a child requiring assistance or (iii) a child in a care and protection proceeding or (2) a person under the age of 21 in a youthful offender proceeding. Section 100J. Not less than 24 hours before the date of a prisoner’s release on medical parole, the commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred, the department of state police, the police department in the city or town in which the prisoner shall reside and, if applicable under chapter 258B, the victim or the victim’s family of the prisoner’s release and the terms and conditions of the release. Said section 100A of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 12, 15 and 22, the figure “10” and inserting in place thereof, in each instance, the following figure:- 7. The speaker of the house of representatives and the president of the senate shall each appoint 1 co-chair of the commission from among its members. Section 9 of said chapter 258D, as so appearing, is hereby amended by striking out subsection (C). No employment action taken by an appointing authority that results from a revocation by the commission pursuant to subsection (a) shall be appealable to the civil service commission established under chapter 31. A petition for an expungement, any records related to a petition for an expungement, records related to judicial proceedings required to hear the petition for an expungement or an order of expungement pursuant to section 100F, section 100G, section 100H or section 100K shall not be a public record. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the word “resources”, in line 20, the following words:- and financial ability to give bail. Any violation of section 7 of chapter 209A or section 9 of chapter 258E shall be treated as a felony for purposes of this section. (a) At any time after the entry of a judgment of disposition on an indictment or criminal or delinquency complaint for an offense under section 26, subsection (a) of section 53 or subsection (a) of section 53A of chapter 272 or under section 34 of chapter 94C for simple possession of a controlled substance, the court in which it was entered shall, upon motion of the defendant, vacate any conviction, adjudication of delinquency or continuance without a finding and permit the defendant to withdraw any plea of guilty, plea of nolo contendere, plea of delinquent or factual admission tendered in association therewith upon a finding by the court of a reasonable probability that the defendant’s participation in the offense was a result of having been a human trafficking victim as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. Section 32I of said chapter 94C, as so appearing, is hereby amended by striking out, in line 10, the words “less than one nor”. The committee shall review and recommend to the secretary of public safety and security an annual appropriation for the administration of the committee, as well as for the operations of a headquarters and regional training centers, and for the delivery of standardized training at the centers. Section 87 of chapter 276 shall not apply to any person charged with a violation of this subsection. Said chapter 127 is hereby further amended by inserting after section 48A the following section:-. (c)  The special legislative commission shall submit a report of its study and recommendations, together with legislation, if any, to the clerks of the house of representatives and the senate on or before September 30, 2021. Section 7 of chapter 212 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- An indictment for a felony offense shall be accompanied by the offense-based tracking number and fingerprint-based state identification number of the defendant when the corresponding charges result from an arrest. The commission shall examine the feasibility and cost of hiring or appointing a diversity officer for every city or town with a municipal police or fire department. The registrar shall revoke the license or right to operate of a person convicted for a subsequent violation of this section for the life of such person. (e) (1)  A uniformed member shall be granted 1 longevity point for each full month of service since appointment to the department, up to a maximum of 120 months, computed as of the final date for the filing of applications for promotion to the title of noncommissioned officer. SECTION 193. SECTION 113. No officer may apply for certification after that officer’s certification has been revoked pursuant to this section. Section 8. (a) The commissioner or a superintendent of a house of correction may establish young adult correctional units or designate individual corrections officers to exclusively supervise young adults, who are ages 18 to 24, inclusive, and have been placed in the care of the department or house of correction so that these individuals may benefit from age appropriate guidance, targeted interventions, age appropriate programming and a greater degree of individual attention. (4)  The commission shall elect from among its members a chair, a vice-chair, a clerk, a treasurer and any other officers it deems necessary to carry out its mission. Further, the commission shall: (A) promote research and be a clearinghouse and source of information on issues pertaining to Latinos and Latinas in the commonwealth; (B) inform the public and leaders of business, education, human services, health care, judiciary, state and local governments and the media of the historical and current implications of systemic racism on the Latino and Latina community across the commonwealth and the unique cultural, social, ethnic, economic and educational issues affecting Latinos and Latinas in the commonwealth; (C) serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to Latinos and Latinas  in the commonwealth; (D) identify and recommend qualified Latinos and Latinas for appointive positions at all levels of government, including boards and commissions; (E) assess programs and practices in all state agencies as they affect Latinos and Latinas using a racial equity framework; (F) advise executive agencies and the general court on the potential effect on Latinos and Latinas of proposed legislation and regulations using a racial equity framework; (G) monitor executive and legislative action purported to eliminate systemic racism for its impact on Latinos and Latinas using a racial equity framework; and (H) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of Latinos and Latinas in the commonwealth. chapter 527: sale of liquefied petroleum gas chapter 531: weights, measures, and standards chapter 532: devices issued in payment for labor chapter 534: livestock; marks and brands chapter 535: horse sales, shows, and exhibitions chapter 536: timber and lumber chapter 537: title loans chapter 538: secondhand dealers and secondary metals recyclers Any violation of section 7 of chapter 209A or section 9 of chapter 258E shall be treated as a felony for purposes of this section. Non-investigatory kits shall be safely stored by a governmental entity in a manner that preserves evidence for the duration of the statute of limitations. SECTION 31. The fingerprint record shall be suitable for comparison and shall include an offense-based tracking number, completed description of the offenses charged and other descriptors as required. “Executive director”, the executive director of the commission appointed pursuant to subsection (g) of section 2. (d)  The commission shall submit its findings and recommendations relative to the establishment of a statewide law enforcement cadet program by filing the same with the clerks of the house of representatives and the senate and the governor not later than December 31, 2021. For the purpose of this section, a school resource officer shall be exempt pursuant to subsection (j) of section 10 of chapter 269, while serving in the officer’s official capacity. Chapter 143; Chapter 143 - State Departments, Institutions, and Commissions. SECTION 25. The commission shall: (i) study how often emergency hospitalizations are used by law enforcement professionals; (ii) examine the impact of emergency hospitalizations on law enforcement resources; (iii) create best practices for coordination of services for hospitalized individuals by law enforcement and medical professionals; and (iv) determine how to reduce police interactions with individuals frequently subject to emergency hospitalization. Section 116G of said chapter 6, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-. The on-call worker shall notify the social worker assigned to the child’s case who shall make arrangement for the child’s release as soon as practicable if it has been determined that the child will not be detained. (c)  Whoever, upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly so that the lives or safety of the public might be endangered and by any such operation causes the death of another person, shall be guilty of reckless homicide by a motor vehicle and shall be punished by imprisonment in a jail or house of correction for not more than 2½ years, or by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $3,000 dollars, or by both such fine and imprisonment.