reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 41 - Chemist's Analysis for Presence of Sperm Cells; Certificate of Results; Prima Facie Evidence

Section 41. A certificate by a chemist of the department of the result of analysis made by him for the presence of a sperm cell or cells or seminal fluid on or in any material or substance furnished him by a police officer of any department, signed and sworn to by such chemist, shall be prima facie evidence of the presence of a sperm cell or cells or seminal fluid on or in such material or substance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 42 - Motor Vehicle Ownership Records; Certified Copies; Prima Facie Evidence

Section 42. In proceedings under sections twenty-seven A, twenty-eight, twenty-nine, one hundred and eleven A and one hundred and thirty-nine of chapter two hundred and sixty-six, certified copies of any motor vehicle or trailer ownership records, including computer records, in the possession of the registrar of motor vehicles, attested by the registrar or his designee or, if the motor vehicle or trailer is registered or titled in another state, such records similarly certified by the keeper of records of the appropriate motor vehicle department, shall be admissible as proof of ownership of a motor vehicle or trailer and shall be prima facie evidence that the use of the motor vehicle or trailer was unauthorized. If the defendant rebuts such evidence, the commonwealth may be granted a reasonable continuance to enable the owner of the vehicle to be brought into court to testify.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 43 - Persons Affected by Orders of Department; Appeals

Section 43. Any person affected by an order of the department or of a division or officer thereof, may, within such times as the colonel may fix, which shall not be less than ten days after notice of such order, appeal to the colonel who shall thereupon grant a hearing, and after such hearing the colonel may amend, suspend or revoke such order. Any person aggrieved by an order approved by the colonel may appeal to the superior court; provided, that such appeal is taken within fifteen days from the date when such order is approved or made. The superior court shall have jurisdiction in equity upon such appeal to annul such order if found to exceed the authority of the department or upon petition of the colonel to enforce all valid orders issued by the department. Nothing herein contained shall be construed to deprive any person of the right to pursue any other lawful remedy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 44 - Destruction or Disposal of Certain Entertainment Permit Applications or Reports

Section 44. The colonel may after two years destroy or otherwise dispose of applications for approval of entertainments on Sunday, inspection reports of theaters and halls under the state building code, and applications for permits for special exhibitions of pictures. Any proceeds received from their disposal shall be paid to the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 45 - Property Lost, Stolen or Taken From Arrested Persons; Unclaimed Property; Public Auction

Section 45. If money, goods or other property which has been stolen, lost, abandoned or taken from a person under arrest comes in the possession of an officer or other employee of the department by virtue of his office or employment, he shall deliver the same to the person designated by the colonel to receive the same and shall thereupon be relieved from further responsibility therefor. If no person proves ownership of such money, goods or other property within six months, the colonel may cause the same, except money unclaimed, to be sold at public auction at such place and time and by such person as the colonel may designate. Notice of the time and place of sale, with a description of the property, shall be given by publishing the same once in a newspaper published in the county where the property was found or taken as aforesaid.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 46 - Perishable Property; Property Deteriorating in Value; Public Auction

Section 46. Such property, if perishable or liable to deteriorate greatly in value by keeping, or the value of which will probably be less than the expense of keeping, may be sold at public auction at such place and at such time within six months and by such person as the colonel may designate, such notice of the time and place of sale as the colonel may deem reasonable and proper first being given.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 48 - Claim by Owner After Public Auction; Payment to Owner

Section 48. If, within two years and six months after such money has come into the possession of an officer or other employee of said department or within two years after any such sale, the owner claims such property and proves ownership to the satisfaction of the colonel, the amount of such unclaimed money or the proceeds of the sale of such property, after deducting reasonable expenses, shall be paid to him by the state treasurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 49 - Police Reports; Indication of Domestic Abuse

Section 49. The form used by an investigating police officer to make a report concerning any incident, offense or alleged offense investigated or any arrest made shall provide a space to indicate whether such incident, offense, alleged offense or arrest involved abuse as defined in section one of chapter two hundred and nine A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 50 - Police Officers' Duties on Reservations

Section 50. Upon requisition of the commanding officer or other person in charge of a reservation of the United States of America, the colonel, or the mayor or the selectmen of any city or town the territory of which adjoins or includes, in whole or in part, such reservations, may provide police officers, who shall perform such police duties within such reservation as such commanding officer or other person may assign to them, and who shall, while on such assignment, have the authority, immunities and privileges that they would have while acting as duly appointed and qualified police officers elsewhere within the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 51 - Special State Police Officer Appointments Upon Petition by Railroad Corporation

Section 51. The colonel, upon the petition of a railroad corporation, or of a railway company, or of The Boston Terminal Corporation, or of Railway Express Agency, Inc., or of a common carrier of passengers by water for hire having a usual place of receiving or discharging passengers within the commonwealth, may from time to time appoint as special state police officers as many of the persons designated in said petition and being citizens of the United States as it may deem proper, for the purposes and with the powers hereinafter set forth. Any person, appointed as a special state police officer upon the petition of a railroad corporation, may act as a police officer upon the premises and vehicles of any corporation transporting passengers or property by motor vehicle under the joint control and management of said corporation and said railroad corporation, which, for the purposes of this and sections fifty-two and fifty-three, shall be considered as being the premises, cars and vehicles of said railroad corporation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 52 - Records of Appointments Under Sec. 51

Section 52. A record of all such appointments, made pursuant to section fifty-one, shall be kept by the department, and shall be open to public inspection, and such appointment shall constitute the person or persons named therein railroad, railway, railway express or steamboat police, respectively, in any city or town where the petitioner corporation or company referred to in section fifty-one operates its cars, vehicles, boats or vessels, or the carrier so referred to is accustomed to receive or discharge passengers or freight, or steamboat police upon the premises and at the wharves and landing places and upon the boats and vessels of such carrier by water, while within the boundaries of the commonwealth, and shall be conclusive evidence of the regularity of their appointment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 53 - Swearing in of Special State Police Officers; Licenses; Duration of Appointment

Section 53. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, said department shall issue a license to each person so designated in accordance with the provisions of section fifty-one to act as a police officer. Such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of such person named therein and of his authority to act as such police officer. Such special state police officers shall hold their offices until their appointment is revoked by the colonel, or until the petitioner corporation or company, upon ceasing to require the service of any such officers, shall file a notice to that effect with the department and thereupon the power of such special state police officer shall cease.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 54 - Aid to Governor in Performance of Duties

Section 54. Constables, city marshals, chiefs of police and all other police officers shall, within the respective cities and towns, aid the governor in the performance of his duties whenever called upon, and any such officer who refuses so to do when called upon shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 56 - Agents of Massachusetts Society for Prevention of Cruelty to Children; Appointment as Special Officers

Section 56. The colonel may appoint two or more agents of the Massachusetts Society for the Prevention of Cruelty to Children as special state police officers for a term of three years, who shall serve without pay and shall have and exercise throughout the commonwealth the powers of state police officers to serve warrants and other criminal processes, except the authority to arrest without warrant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 57 - Agents of Humane Societies and Associations; Appointment as Special Officers

Section 57. The colonel may appoint, at the request of the Massachusetts Society for the Prevention of Cruelty to Animals, the Berkshire Animal Protective Society, Inc., the Animal Rescue League of Boston, the Boston Work Horse Relief Association, the Lowell Humane Society, the Worcester Animal Rescue League or the Animal Rescue League of New Bedford, duly accredited agents of said corporations as special state police officers to serve for one year subject to removal by the colonel. Such special state police officers shall report to him relative to their official acts as such police officers at such times and in such manner as the colonel may require; provided, however, that such officers shall remain subject to the certification requirements of the Massachusetts Peace Officer Standards and Training Commission established in chapter 6E. They shall serve without pay, except their regular compensation as agents of said corporation. They shall receive no fees for services or return of any criminal process and shall have throughout the commonwealth the powers of constables and police officers to arrest and detain any person violating any law for the prevention of cruelty to animals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 58 - Port of Boston Authority Employees; Appointment as Special Officers

Section 58. The colonel may, at the request of the Port of Boston Authority, appoint as special state police officers employees of said authority. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any criminal offense committed in or upon lands, piers or structures within the charge of said authority. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said authority, and they shall receive no fees for services or return of any criminal process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 59 - Employees of Mental Health or Developmental Services Departments; Appointment as Special Officers

Section 59. The colonel may, upon petition of the commissioner of mental health or the commissioner of developmental services, appoint as special state police officers employees of the department of mental health or the department of developmental services or employees of various institutions under the respective jurisdictions of said departments, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon lands or structures within the charge of said departments or of the various institutions under the respective jurisdictions of said departments. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make return thereof to the department upon a form provided by said department. Upon receipt of said return the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until his license expires or is revoked by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except for their regular compensation as employees of the department of mental health, the department of developmental services, or the various institutions under the respective jurisdictions of said departments, and they shall receive no fees for services for return of any criminal process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 60 - Public Health Department Employees; Appointment as Special Officers

Section 60. The colonel may, upon petition of the commissioner of public health, appoint as special state police officers employees of the department of public health or employees of the various institutions under its jurisdiction, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon the lands or structures within the charge of the department of public health or the various institutions under its jurisdiction. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. Such a special state police officer shall hold his office until his license expires or is revoked by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of the department of public health or the various institutions under its jurisdiction, and they shall receive no fees for services or return of any criminal process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 62 - Employees of State-Operated Veterans' Home; Appointment as Special Officers

Section 62. The colonel may, upon petition of the superintendent of a state-operated veterans' home, appoint as special state police officers employees of said institutions, who shall have the same power to make arrests as the state police for any criminal offense committed in or upon land or structures within the charge of the superintendents, respectively. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by it. Upon receipt of said return the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license or renewal thereof shall expire on the anniversary of the date of birth of the person named therein not less than one nor more than two years following the date of issue. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said institutions, and they shall receive no fees for services or return of any criminal process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 63 - Employees of Colleges, Universities, Other Educational Institutions and Hospitals; Appointment as Special Officers

Section 63. The colonel may, upon such reasonable terms and conditions as may be prescribed by him, at the request of an officer of a college, university, other educational institution or hospital licensed pursuant to section fifty-one of chapter one hundred and eleven, appoint employees of such college, university, other educational institution or hospital as special state police officers. Such special state police officers shall serve for three years, subject to removal by the colonel, and they shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands or structures owned, used or occupied by such college, university, or other institution or hospital.
Each application for appointment as a special state police officer or a renewal thereof shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
The colonel may promulgate such rules and regulations as may be necessary to ensure proper standards of skill; provided, however, that such officers shall remain subject to certification requirements of the Massachusetts peace officer standards and training commission established in chapter 6E. Said rules and regulations shall conform to the provisions of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 64 - Civil Defense Agency Employees; Appointment as Special Officers

Section 64. The colonel may, at the request of the director of civil defense, appoint employees of the civil defense agency as special state police officers. Such special state police officers shall: (i) serve for 1 year, subject to removal by the colonel; (ii) receive such certification as the Massachusetts peace officer standards and training commission established in chapter 6E shall direct; and (iii) have the same power to make arrests as the state police of any criminal offense committed in or upon lands or structures located in the town of Framingham within the charge of said director. Such officers shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without compensation, other than their regular compensation as employees of said agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 65 - Middlesex County Sanatorium Employees; Appointment as Special Officers

Section 65. The colonel may, upon petition of the board of trustees of the Middlesex County Sanatorium, appoint as special state police officers employees of said institution, who shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands, or structures owned, used or occupied by said sanatorium. Such special state police officers shall be sworn before a justice of the peace or notary public who shall make a return thereof to the department upon a form provided by said department. Upon receipt of said return, the department shall issue a license to each person designated to act as a special state police officer, and such license shall, in any court of the commonwealth, be competent evidence of the validity of the appointment of the person named therein and of his authority to act as such special state police officer. A special state police officer shall hold his office until his license expires or is revoked, by the colonel, or until the petitioner files a notice with the department that the services of such officer are no longer required. The colonel may provide that the license and any renewal thereof shall expire on the anniversary of the birth of the person named therein not less than one nor more than two years following the date of issue. Such special state police officer shall report to the colonel as to his official acts at such times and in such manner as the colonel may require. Such special state police officer shall serve without pay, except his regular compensation as an employee of said institution, and shall receive no fees for services or return of any criminal process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 66 - Employment and Training Division Employees; Appointment as Special Officers

Section 66. The colonel may, at the request of the deputy director of the division of employment and training, appoint as special state police officers employees of said division. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any violation of section forty-seven of chapter one hundred and fifty-one A and shall have the power to serve warrants and other criminal processes. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said division, and they shall receive no fees for service or return of any criminal process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 67 - State Lottery Commission Employees; Appointment as Special Officers

Section 67. The colonel may, at the request of the state lottery commission, appoint as special state police officers employees of said lottery commission holding the title of chief of security, security officer, license agent, field investigator, supervisor of beano, or assistant supervisor of beano. Such special state police officers shall serve for one year, subject to removal by the colonel, and they shall have the same power to make arrests as the state police for any criminal offense committed in connection with any activities operated or regulated by the state lottery commission. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said lottery commission, and they shall receive no fees for service or return of any criminal process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 68 - Special State Police Officers; Appointment; Powers and Duties

Section 68. The colonel may, at the request of the director of the bureau of special investigations, with the approval of the fraudulent claims commission, appoint as special state police officers employees of said bureau who have undergone certification as required by the Massachusetts peace officer standards and training commission established in chapter 6E. These special state police officers shall serve for 1 year, subject to removal by the colonel, and they shall have and exercise throughout the commonwealth the same powers as state police officers to serve warrants and other criminal processes for any criminal offense resulting from either a fraudulent claim for payment or service under any assistance program administered by the department of transitional assistance or any program administered by the department of children and families or a receipt of payment or services by a person entitled thereto or for any violation of chapter 273 relative to the support of spouses and children for whom the department of transitional assistance is entitled to receive payment, or in whose behalf said department is giving aid. They shall not have the authority to arrest without a warrant. They shall report to the colonel as to their official acts at such times and in such manner as he may require. They shall serve without pay, except their regular compensation as employees of said bureau, and they shall receive no fees for service or return of any criminal process. This section shall not be construed as authorizing any person appointed as a special state police officer as provided herein to carry a firearm in the performance of his duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 69 - Standards of Skill for Special Officers Licensed Under Secs. 56 to 68; Rules and Regulations

Section 69. The colonel of state police may promulgate rules and regulations as may be necessary to insure proper standards of skill for special state police officers licensed by said colonel under the provisions of sections fifty-six to sixty-eight, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 70 - Gaming Enforcement Unit

Section 70. The colonel of state police shall establish a gaming enforcement unit the responsibilities of which shall include, but not be limited to, the investigation of criminal violations of chapter 23K or any other general or special law pertaining to gaming.
The gaming enforcement unit shall work in conjunction and cooperation with the investigations and enforcement bureau within the Massachusetts gaming commission to enforce chapter 23K and with the division of gaming enforcement within the department of the attorney general to investigate criminal activity related to gaming. Officers and employees of the unit shall be assigned to the investigations and enforcement bureau and shall report to the deputy director of investigations and enforcement and to the colonel of state police. The colonel shall also assign officers of the unit to the division of gaming enforcement, who shall report to the chief of gaming enforcement and to the colonel of state police. No officer of the unit, other than in the performance of official duties, shall place a wager in a gaming establishment licensed under chapter 23K; provided, however, that the code of ethics established pursuant to subsection (m) of section 3 of chapter 23K shall apply to all officers and employees of the unit. The colonel shall establish a program to rotate officers in and out of the unit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22c - The Department of State Police › Section 73 - Maintenance of Certification or Accreditation From State or Nationally Recognized Accrediting Agency

Section 73. The department shall maintain certification or accreditation from a state or nationally recognized accrediting agency. If at any time the department fails to maintain certification or accreditation, the colonel shall report quarterly to the secretary of public safety and security on the department's efforts to achieve certification or accreditation. The internal special audit unit established in section 72 shall monitor policy changes initiated as a result of the certification or accreditation and ensure ongoing compliance with this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22d - Department of Fire Services › Section 2 - Administration; Divisions

Section 2. The state fire marshal shall be the executive and administrative head of the department. There shall be within the department, a division of training, including the Massachusetts fire training council, established by section one hundred and sixty-four of chapter six, the Massachusetts firefighting academy, established by section one hundred and sixty-five A of said chapter six; a division of underground storage tanks, including the Underground Storage Tank Petroleum Product Cleanup Fund Administrative Review Board as established by chapter twenty-one J; a division of fire safety under the charge of a director to be known as the director of fire safety; and a division of hazardous materials under the charge of a director to be known as the director of hazardous materials, the director of hazardous materials shall administer the regional hazardous material response teams.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22d - Department of Fire Services › Section 3 - Appointment and Classification of State Fire Marshal

Section 3. The state fire marshal, or his successor, shall be appointed by the Massachusetts fire service commission, established in section one hundred and sixty-five B of chapter six and shall serve at the pleasure of said commission. The position of state fire marshal shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and the state fire marshal shall devote his full time during business hours to the duties of his office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:—
''CODIS'' or ''combined DNA index system'', the Federal Bureau of Investigation's national DNA identification index system which facilitates the storage and exchange of DNA records submitted by state and local criminal justice and law enforcement agencies.
''Colonel'', the colonel of state police.
''DNA'', deoxyribonucleic acid.
''DNA analysis'', DNA typing tests that generate numerical identification information and are obtained from a DNA sample.
''DNA record'', DNA information that is derived from a DNA sample and DNA analysis and is stored in the state DNA database or in CODIS, including all records pertaining to DNA analysis.
''DNA sample'', biological evidence of any nature that is utilized to conduct DNA analysis.
''Department'', the department of state police.
''Director'', the director of the crime laboratory within the department of state police.
''FBI'', the Federal Bureau of Investigation within the United States department of justice.
''State DNA database'', the DNA identification records system maintained and administered by the director.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 2 - State DNA Database; Director

Section 2. There is hereby established within the department of state police a state DNA database under the direction of the director. The director shall be a person knowledgeable in the field of forensic sciences and shall be paid an annual salary which shall be set by the colonel in consultation with the secretary of public safety and the secretary for administration and finance. Such salary shall be competitive with comparable or similar positions in other jurisdictions. The director shall have responsibility for DNA analysis and the management and administration of the state DNA database.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 3 - Submission of DNA Sample

Section 3. (a) Any person who is convicted of an offense that is punishable by imprisonment in the state prison and any person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult shall submit a DNA sample to the department or the commissioner of probation as a condition of probation forthwith upon conviction or, if sentenced to a term of imprisonment, the DNA sample shall be collected within 10 days of intake or return to the correctional facility to which the inmate has been sentenced. No person required to submit a DNA sample pursuant to this section shall be released from a correctional facility until a DNA sample has been collected.
(b) The trial court, the commissioner of probation and the department shall establish and implement a system for the electronic notification to the department whenever a person is convicted of an offense that requires the submission of a DNA sample under subsection (a). The sample shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director. The results of such sample shall become part of the state DNA database. The submission of such DNA sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post-conviction motion or petition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 4 - Collection of DNA Samples; Civil Liability; Costs

Section 4. (a) The director may establish regulations or procedures for the collection of DNA samples, including standards for training and licensing personnel who may collect such samples. A physician, registered professional nurse, licensed practical nurse, phlebotomist, health care worker with phlebotomist training, a probation officer or a person approved and trained by the director shall collect DNA samples pursuant to section 3. No person authorized under this section to collect DNA samples, including buccal swabs and blood samples, shall be subject to civil liability for the act of withdrawing blood, or any other act directly related to the taking of a DNA sample; provided, however, that they shall employ recognized medical procedures and comply with all regulations or procedures promulgated by the director for the collection of DNA samples. Duly authorized law enforcement and correction personnel, including a probation officer, may employ reasonable force to assist in collecting DNA samples in cases where an individual refuses to submit to such collection as required under this chapter; provided, further, that such law enforcement and correction personnel, including a probation officer, shall not be subject to criminal prosecution or civil liability for the use of such reasonable force.
(b) The cost of preparing, collecting and processing a DNA sample shall be assessed against the person required to submit a DNA sample, unless such person is indigent as defined in section 27A of chapter 261. The cost of preparing, collecting and processing a DNA sample shall be determined by the secretary for administration and finance in consultation with the director and shall be paid to the department and retained by it to offset costs associated with creating, maintaining and administering the state DNA database.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 6 - Filing and Storage of DNA Records

Section 6. All DNA samples collected pursuant to sections 3 and 4 shall be forwarded to the director for the purpose of DNA analysis. The director shall provide for the receipt and analysis of DNA samples and for the filing and storage of DNA records derived from such DNA analysis in the state DNA database. The director shall promulgate regulations governing the collection, submission, receipt, identification, storage and disposal of DNA samples.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 7 - Laboratories and Facilities

Section 7. The department is hereby authorized to establish such laboratories and facilities within the commonwealth as may be necessary to conduct forensic and DNA analysis. Notwithstanding the provisions of any general or special law to the contrary, the department is hereby authorized to enter into such contracts, agreements or partnerships with governmental or nongovernmental entities, including educational, scientific, medical or not for profit entities, as the director may deem necessary to meet the purposes of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 8 - Rules Governing Testing and Analysis; Quality Assurance Program; Independent Forensic Laboratories

Section 8. The director shall establish procedural rules governing the testing and analysis of DNA samples and a quality assurance program, which shall include proficiency standards for laboratories and analysts responsible for performing DNA testing and analysis. Such procedural rules and quality assurance program shall be compatible with the procedural rules and quality assurance program utilized by the FBI and shall establish compatible laboratory techniques, laboratory equipment, supplies, computer software and acceptance criteria for DNA records in CODIS. The director may employ independent forensic laboratories to perform the DNA analysis required under section 3; provided, however, that such laboratories shall comply with the regulations established pursuant to this section and the procedural rules and quality assurance program established pursuant to this section. With respect to any independent forensic laboratory that performs or seeks to perform the DNA analysis required under section 3, the director may audit such laboratory for compliance with such regulations or procedures as may be adopted under this chapter and may revoke such laboratory's right to create and exchange DNA records on the ground that such laboratory has failed to comply with any regulations, procedures, rules or quality assurance programs established pursuant to this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 9 - Confidentiality of Records

Section 9. All DNA records collected pursuant to this chapter shall be confidential and shall not be disclosed to any person or agency unless such disclosure shall be authorized by this chapter. DNA records shall not be stored in a criminal offender record information system operated by the department of criminal justice information services pursuant to sections 167 to 178, inclusive, of chapter 6.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 10 - Furnishing of Records by Director

Section 10. (a) The director shall furnish records in his possession, including DNA records and analysis, to police departments in cities and towns, to the department, to the department of correction, to a sheriff's department, to the parole board or to prosecuting officers within the commonwealth upon request in writing or electronically.
(b) The director shall make DNA records available upon written or electronic request to: (1) local, state and federal criminal justice and law enforcement and prosecuting agencies, including forensic laboratories serving such agencies, for identification purposes in order to further official criminal investigations or prosecutions; provided, however, that any DNA sample obtained directly from a person not otherwise required to provide a DNA sample under this chapter and delivered to the director for comparison with DNA records in the state DNA database shall have been obtained pursuant to a warrant; (2) the FBI for storage and maintenance in CODIS; and (3) any person who has been identified and charged with a criminal offense as a result of a search of DNA records stored in the state DNA database; provided, however, that such access shall be limited to DNA information pertaining to such individual.
(c) The director shall make DNA records available upon written or electronic request to meet such purposes or comply with such statutory obligations as may be required under federal law as a condition to obtaining federal grants or funding.
(d) The director may, in his discretion, make DNA records available to authorized persons or organizations, upon written or electronic request, for the limited purpose of (1) advancing DNA analysis methods and supporting statistical interpretation of DNA analysis, including development of population databases; provided, however, that personal identifying information shall be removed from DNA records disclosed for such purposes; (2) assisting in the identification of human remains from mass disasters; (3) assisting the identification and recovery of missing persons; and (4) advancing other humanitarian purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 11 - Failure to Provide DNA Sample; Penalty

Section 11. A person required to provide a DNA sample pursuant to this chapter and who, after notice, willfully fails to provide such DNA required by section 3 shall be subject to punishment by a fine of not more than $2,000 or imprisonment in a jail or house of correction for not more than 6 months or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 12 - Unauthorized Disclosure of Records; Penalty

Section 12. Any person who, by virtue of employment or official position, has possession of, or access to, a DNA sample or record or portion thereof contained in the state DNA database and who purposely discloses such record or portion thereof in any manner to any person or agency not authorized to receive such record or portion thereof shall be subject to punishment by a fine of not more than $1,000 or imprisonment in a jail or house of correction for not more than six months or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 22e - State DNA Database › Section 13 - Obtaining Records Without Proper Authorization; Penalty

Section 13. Any person who, without proper authorization, willfully obtains a DNA record or a portion thereof contained in the state DNA database shall be subject to punishment by a fine of not more than $1,000 or imprisonment in a jail or house of correction for not more than six months or both.