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Both pieces of legislation are now either law or will be law in ninety days.
Bill Number: MA03RHB 593 Filed: 12-04-2002
Author: Coppola, Michael J.
The Commonwealth of Massachusetts
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In the Year Two Thousand and Three
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AN ACT RELATIVE TO POLICE MUTUAL AID AGREEMENTS.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Amend G.L. c.40, section 8G as it appears in the 2000 edition by inserting after the end of said section the following:- when responding to, participating in, or returning from a mutual aid situation, police officers will have all of the powers, duties, immunities and authority they have in their home or sending department. A mutual aid agreement may provide for methods of activation or requesting and responding to mutual aid requests. it may also address issues such as pay and benefits for officers, insurance, indemnification, injury compensation and other operational matters related to the provision of police services in a mutual aid situation.
ENACTED
The Commonwealth of Massachusetts
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In the Year Two Thousand and Three
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Chapter 124
AN ACT RELATIVE TO MUTUAL AID AGREEMENTS.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority off the same, as follows:
SECTION 1. Section 8G of chapter 40 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "towns", in line 2, the following words:- including cities and towns in states contiguous to the commonwealth.
SECTION 2. Said section 8G of said chapter 40, as so appearing, is hereby further amended by adding the following sentence:- When providing such mutual aid, police officers shall have all the immunities and powers granted to them in the municipalities that employ them, including, but not limited to, powers of arrest.
House of Representatives, November 19, 2003.
Passed to be enacted, (Thomas M. Finneran), Speaker.
In Senate, November 19, 2003.
Passed to be enacted, (Robert E. Travaglini), President.
November 26, 2003 at 8:36 AM
Approved,
(Mitt Romney)
Governor
Posted by: TURTLE
LOOKS GOOD, THANKS FOR THE INFO!
Posted by: Brian823
I got this from the Mass. Dist. Atty's Association - this conficts with the previous information (received from Mass. Chief's Association) and appears to be more accurate (this is the text of a session law, the other information came from a bill).
Chapter 81 of the Acts of 2004
AN ACT RELATIVE TO POLICE MUTUAL AID AGREEMENTS.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 8G of chapter 40 of the General Laws, as amended by chapter 124 of the acts of 2003, is hereby amended by adding the following paragraph:-
While in transit to, returning from, and during a mutual aid response for another city or town, a participating police officer shall maintain the right of indemnification granted by law, or by his home city or town, or both, for all claims arising out of any action within the scope of his employment in accordance with a valid mutual aid agreement. A mutual aid agreement may provide for methods of activation or requesting and responding to mutual aid requests. The agreement may also address issues such as pay and benefits for officers, insurance, indemnification, injury compensation and other operational matters related to police services provided for a mutual aid response. Nothing in this paragraph shall be construed to expand or otherwise modify existing police powers as provided by law or any existing mutual aid agreement or both.
Approved April 23, 2004.
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