reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.04 - General Requirements for the Use of Electronic Control Weapons by Officers of Authorized Law Enforcement Agencies

Current through Register 1525, July 5, 2024
(1) Any
			 authorized agency permitting the use of electronic control weapons by the
			 agency's officers in the performance of their official duties shall have the
			 following written policies:
(a) A use of
			 force policy consistent with
			 550 CMR
			 6.00:
Use of Force by Law Enforcement
			 Officers
and
			 555 CMR
			 6.00:
Use of Force by Law Enforcement
			 Officers;
and
(b) An
			 electronic control weapons policy.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.05 - Minimum Safety and Quality Standards for the Use of Electronic Control Weapons by Authorized Law Enforcement Officers

Current through Register 1525, July 5, 2024
(1) In
			 order to use an electronic control weapon in the performance of their official
			 duties, an authorized officer must:
(a) Be
			 currently certified by the POST Commission;
(b) Be employed as an authorized officer by
			 an authorized law enforcement agency;
(c) Have reviewed the authorized agency's use
			 of force and electronic control weapons policies and acknowledged such in
			 writing;
(d) Have successfully
			 completed a defensive tactics training course approved by the MPTC or approved
			 by the Colonel of the Massachusetts State Police (MSP) including, but not
			 limited to, the MPTC or the MSP basic recruit training that incorporates
			 defensive tactics in the curriculum; and
(e) Be authorized by the officer's authorized
			 agency to carry a firearm in the performance of the officer's official duties
			 and have successfully completed both use of force training and firearms
			 training as approved by the MPTC or the Colonel of the MSP.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.06 - Education and Training Programs on the Use of Electronic Control Weapons by Authorized Officers

Current through Register 1525, July 5, 2024
(1) Only training
			 programs certified by the MPTC or the Colonel of the MSP may be approved by the
			 Secretary of Public Safety and Security as meeting electronic control weapon
			 training requirements. Those programs must contain, at a minimum, the following
			 components:
(a) Not less than six hours of
			 training;
(b) A review of the
			 mechanics of an electronic control weapon;
(c) Illustration of the medical issues
			 involved with the use of an electronic control weapon including, but not
			 limited to, information regarding the effects of electronic control weapons on
			 individuals with pre-existing medical and other conditions and information on
			 and a demonstration regarding the removal of probes from an individual after an
			 electronic control weapon has been discharged;
(d) Segments on weapon proficiency for
			 trainees, including a demonstration on the accurate discharge of an electronic
			 control weapon, practice discharge of an electronic control weapon by trainees,
			 exercises wherein the trainee practices transitioning to and from an electronic
			 control weapon, and scenario exercises involving electronic control
			 weapons;
(e) A segment on the use
			 of an electronic control weapon as a force option and an overview of the
			 authorized agency's policies and the electronic control weapon's relation to
			 other weapons, tools, and tactics within the authorized agency's use of force
			 policy; and
(f) Testing to
			 demonstrate knowledge of protocols, use, and effects of electronic control
			 weapons.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.07 - Certification Requirements for Training Instructors

Current through Register 1525, July 5, 2024
(1)
			 Training instructors for any approved training program for authorized agencies
			 on the use of electronic control weapons must be certified by the MPTC.
			 Training instructors for the MSP must be certified by the Colonel of the MSP.
			 At a minimum, the instructor must:
(a) Attend
			 the instructor training program provided by the manufacturer(s) of the
			 electronic control weapon(s) to be used by the authorized agency, which must
			 consist of no less than 16 hours of instruction covering training on the use of
			 electronic control weapons; and
(b) Complete all training required by the
			 MPTC or the Colonel of the MSP to obtain and maintain instructor
			 certification.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.08 - General Requirements for Civilian Use and Possession of Electronic Control Weapons

Current through Register 1525, July 5, 2024
(1) Civilians are
			 required to hold a validly issued license to carry firearms (LTC) pursuant to
			 M.G.L. c. 140, § 131 before using or possessing an electronic control
			 weapon.
(2) Prohibited persons, as
			 defined in M.G.L. c. 140 § 131, shall not use or possess electronic
			 control weapons.
(3) If not in the
			 immediate control or possession of a lawful owner or other lawfully authorized
			 user, electronic control weapons shall be secured in a locked container in
			 accordance with M.G.L. c. 140, § 131L.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 8.00 - Standards for the Use of Electronic Control Weapons in the Commonwealth › Section 8.09 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of 501 CMR
				8.00 is for any reason held to be unconstitutional,
				contrary to statute, in excess of the authority of the Secretary of Public
				Safety and Security or otherwise inoperative, such decision shall not affect
				the validity of any other article, section, subsection, sentence, clause or
				phrase of
				501 CMR
				8.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 9.00 - Replacement Firearm Licenses › Section 9.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
			501
			CMR 9.00 is to establish a process for the replacement
			of a lost or stolen firearm identification card or license to carry at no cost
			to the licensee.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 9.00 - Replacement Firearm Licenses › Section 9.02 - Lost or Stolen Firearm Identification Card or License to Carry

Current through Register 1525, July 5, 2024
In the case of a lost or stolen firearm license issued pursuant
			to the provisions of M.G.L. c 140, §§ 129B, 131, 131F or 131H, the
			licensing authority shall issue a new license at no cost to the license holder.
			A person seeking a license under
			501
			CMR 9.00 must have an active and valid license and
			must have reported such license lost or stolen to the Criminal History Systems
			Board and to the local issuing licensing authority prior to seeking a new
			license. In connection with an application for a new license to replace the
			lost or stolen license, the licensing authority shall confirm the applicant's
			identity and update its files as the licensing authority deems necessary prior
			to issuing a new license. The licensing authority, in consultation with the
			Criminal History Systems Board, shall issue a new license with a term
			coterminous with the original license period.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 9.00 - Replacement Firearm Licenses › Section 9.03 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
			of
			501
			CMR 9.00 is for any reason held to be
			unconstitutional, contrary to statute, in excess of the authority of the
			Secretary of Public Safety or otherwise inoperative, such decision shall not
			affect the validity of any other article, section, subsection, sentence, clause
			or phrase of
			501
			CMR 9.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
			501
			CMR 10.00 is to provide guidance to critical
			witnesses, prosecuting officers, the judiciary, law enforcement, and the public
			concerning the Witness Protection Program.
			501
			CMR 10.00 sets forth the procedures by which a
			prosecuting officer may petition the Witness Protection Board for assistance in
			protecting a witness from potential dangers related to the witness's
			participation in a criminal investigation or prosecution.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
501
			CMR 10.00 is promulgated pursuant to St. 2006, c. 48:
An Act Reducing Gang Violence
in statute as M.G.L. c.
			263A.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.03 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
			501
			CMR 10.00, the following words shall have the
			following meanings:
Board
. The Witness Protection Board,
			comprised of the Secretary of Public Safety, the Attorney General, the Auditor,
			a chief of police appointed by the Massachusetts Chiefs of Police Association,
			and a district attorney appointed by the Massachusetts District Attorneys'
			Association, or any member's respective designee.
Critical Witness
. Any person
			who:
(a) is participating in a criminal investigation; or
(b) has received a subpoena in the context of a criminal
			investigation; or
(c) is reasonably expected to give testimony and, in the
			judgment of the prosecuting officer, is essential to a criminal investigation
			or proceeding. For purpose of
			501
			CMR 10.00, the term "person" shall mean the critical
			witness, or that witness's relatives, guardians, friends, or associates who are
			endangered by the witness's participation in the criminal investigation or
			proceeding. For purpose of
			501
			CMR 10.00, the term "essential" shall mean the
			prosecuting officer has a reasonable basis for believing that the witness will
			provide material, relevant information or testimony.
Prosecuting Officer
. The Attorney
			General or a District Attorney for any district.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.04 - Scope

Current through Register 1525, July 5, 2024
501
			CMR 10.00 shall apply to the Executive Office of
			Public Safety, members of the Witness Protection Board, all prosecuting
			officers who seek witness protection services for a critical witness, all
			critical witnesses accepting protection services, any law enforcement official
			assigned to provide witness protection services, any person receiving
			information regarding witness protection services, a superintendent of any
			school district directed to accept the transfer of a critical witness, an
			administrator of any housing authority directed to accept the transfer of a
			critical witness, and any other person called upon by the Board to assist in
			maintaining the safety and security of a critical witness.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.06 - Petition for Witness Protection Services

Current through Register 1525, July 5, 2024
Requests by prosecuting officers to the Board for witness
			protection services shall be submitted on witness protection petition forms
			developed and issued by the Board. Any witness protection petition shall
			contain, at a minimum, the following information:
(1) a description of the criminal
		  investigation or prosecution;
(2)
		  an explanation of how the prospective protectee meets the definition of a
		  "critical witness";
(3) an
		  assessment by the prosecuting officer of the potential risk of harm to the
		  critical witness;
(4) a proposed
		  plan for protection services, including projected costs, method of protection,
		  and expected duration of services; and
(5) a signed memorandum of understanding
		  between the prosecuting officer and the critical witness. The written
		  memorandum of understanding shall be signed by the prosecuting officer or his
		  designee, the witness to be afforded protection services, and the witness's
		  attorney if he or she is represented by counsel. If the witness is a minor, the
		  witness's guardian shall sign the memorandum for the witness.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.09 - Emergency Authorization

Current through Register 1525, July 5, 2024
If a prosecuting officer determines that there is an imminent
			threat to the safety of a critical witness, the prosecuting officer may take
			any reasonable, appropriate temporary action he or she deems necessary to
			protect the safety of the witness without prior approval of the Board. In order
			to obtain reimbursement for expenses incurred in providing emergency protection
			services, the prosecuting officer must notify the Board of the action taken and
			the related costs as soon as it is reasonably practical to do so, and in no
			event longer than 48 hours after the prosecuting officer begins expending funds
			for emergency witness protection services. Within 14 days of expending funds
			for emergency witness protection services, or within a period of time set by
			the Board, the prosecuting officer shall file with the Board a petition for
			witness protection services which includes all of the information detailed in
			501 CMR
			10.06, as well as an explanation of the
			exigent circumstances which required the prosecuting officer to act to secure
			the safety of the witness, the emergency witness protection services provided
			to date, and the amount of funds expended to provide emergency witness
			protection. Any costs incurred by a prosecuting officer on an emergency basis
			which the Board determines, by a vote of three or more members, are otherwise
			in compliance with
			501
			CMR 10.00 and which are communicated to the Board in
			compliance with the terms of 501 CMR 10.09 may be reimbursed, in whole or in
			part.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.10 - Additional Responsibilities of the Board

Current through Register 1525, July 5, 2024
(1)
		  The Board shall reimburse all approved witness protection expenses incurred by
		  prosecuting officers, subject to appropriation.
(2) The Board shall issue guidelines relative
		  to the payment of witness protection expenses, in addition to accounting and
		  reporting requirements for prosecuting officers.
(3) At regular intervals to be determined by
		  the Board, the Board shall require the prosecuting officer to certify that:
(a) he or she has taken reasonable and
		  appropriate steps to monitor the conduct of the critical witness;
(b) to the best of his or her knowledge and
		  belief, the critical witness is in compliance with the terms of the memorandum
		  of understanding, or that any breach of the memorandum of understanding has
		  been or is now being reported to the Board.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.11 - Responsibilities of the Critical Witness

Current through Register 1525, July 5, 2024
(1)
		  The critical witness must, at a minimum, sign a memorandum of understanding in
		  which he or she agrees to undertake the following responsibilities:
(a) provide complete and truthful information
		  to law enforcement officials, and testify completely and truthfully in all
		  appropriate proceedings;
(b) not
		  commit any crime;
(c) take all
		  precautions necessary to avoid making known his or her participation in the
		  witness protection program, except as authorized by a prosecuting officer or
		  the Board;
(d) cooperate with all
		  requests by all officers and employees of the Commonwealth and its political
		  subdivisions who are providing protection services at the direction of the
		  prosecuting officer;
(e) designate
		  another person to act as an agent for the service of process;
(f) make a sworn statement of all outstanding
		  legal obligations, including obligations concerning child custody and
		  visitation, and child support, as well as any probation or parole conditions,
		  obligations or responsibilities;
(g) undertake to comply with all court
		  orders, legal obligations or civil judgments;
(h) report his or her activities to the
		  prosecuting officer on a regular basis.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.12 - Responsibilities of Prosecuting Officer

Current through Register 1525, July 5, 2024
(1) The
		  prosecuting officer must, at a minimum, sign a memorandum of understanding in
		  which he or she agrees to undertake the following responsibilities:
(a) provide the witness with the names and
		  telephone numbers of the prosecuting officer or law enforcement personnel to
		  contact if the witness has questions or concerns related to the protection
		  services or the witness's safety;
(b) certify that the protection services
		  requested by the prosecuting officer and authorized by the Board will be
		  provided to the witness; and
(c)
		  establish procedures to be followed if, in the determination of the prosecuting
		  officer, the witness has committed a breach of the agreement.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.13 - Disclosure of Witness Protection Information in a Criminal Case

Current through Register 1525, July 5, 2024
With respect to any request by a defendant for information on
			protection services provided to a witness, the prosecuting officer shall seek
			appropriate court orders to ensure that the information concerning the witness
			remains as confidential as possible and is disseminated to as few persons as
			possible. With an appropriate court order, a defendant may obtain the witness's
			signed memorandum of understanding, a statement detailing the witness
			protection services provided, and the approximate cost of providing those
			services. This statement shall not contain any information which could lead any
			person to determine where the witness resided while receiving protection
			services. The Board shall develop model disclosure forms to accompany discovery
			produced to a defendant by a prosecuting officer.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.14 - All Other Disclosures Related to Witness Protection

Current through Register 1525, July 5, 2024
(1) Notwithstanding any general or special
		  law or regulation to the contrary, no document, record, or petition, in
		  whatever form, generated by the Board or by a prosecuting officer and related
		  to witness protection services shall be a public record.
(2) So long as witness protection services
		  are being provided to a critical witness, the prosecuting officer shall
		  disclose the identity and location of a protected critical witness upon the
		  request of a federal, state, or local law enforcement official, or pursuant to
		  a court order, if the prosecuting officer knows, or the request from the law
		  enforcement official reveals, that the protected witness is under criminal
		  investigation for, or charged with, a felony.
(3) In all other instances where information
		  related to witness protection services is requested, no information or document
		  shall be disclosed without the approval of three or more members of the Board
		  or a valid court order.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.15 - Waiver

Current through Register 1525, July 5, 2024
The Board may, by a vote of three or more members, waive any
			provision of
			501
			CMR 10.00 not required by statute.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.16 - Immunity

Current through Register 1525, July 5, 2024
Nothing in
			501
			CMR 10.00 shall be construed as creating a right,
			entitlement, or cause of action on behalf of any person against any public
			employee, public agency, the Commonwealth, or any agency responsible for the
			provision of services set forth herein. The Commonwealth, its officers and
			employees, and law enforcement personnel shall have immunity from suit based on
			any decision, act, or omission related to
			501
			CMR 10.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 10.00 - Witness Protection Program › Section 10.17 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, clause, or phrase of
			501
			CMR 10.00 is for any reason held to be
			unconstitutional, contrary to statute, in excess of the authority of the
			Secretary of Public Safety or the Witness Protection Board, or otherwise
			inoperative, such decision shall not affect the validity of any other article,
			section, subsection, sentence, clause or phrase of
			501
			CMR 10.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 13.00 - Standards For Identification Cards For Retired Law Enforcement Officers › Section 13.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
			501 CMR 13.00 is to establish
			rules and regulations governing the standards for identification cards for
			retired law enforcement officers to comply with the provisions of the Federal
			Law Enforcement Officers Safety Act of 2004,
			18
			U.S.C. §
									926C, amended by
			Pub. L. No.
			111-272 (2010).
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 13.00 - Standards For Identification Cards For Retired Law Enforcement Officers › Section 13.02 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of
			501 CMR 13.00, the words
			shall have the following meanings:
Chief Law Enforcement Officer
. The
			chief of a municipal police department; the Colonel of the Department of State
			Police; the Chief of the Massachusetts Bay Transportation Authority Transit
			Police department; the commander of a qualifying law enforcement agency; or his
			or her designee.
Law Enforcement Agency
. A municipal
			police department, the Department of State Police, the Massachusetts Bay
			Transportation Authority Transit Police department, and any other governmental
			body which, in the opinion of the Secretary, employs full time law enforcement
			officers who are:
(a) authorized by law to engage in or supervise the prevention,
			detection, investigation, or prosecution of, or the incarceration of any person
			for, any violation of the law; and
(b) have statutory powers of arrest.
Qualified Retired Law Enforcement
			Officer
. An individual who:
(a) separated from service in good standing with a law
			enforcement agency as a law enforcement officer;
(b) before such separation, was authorized by law to engage in
			or supervise the prevention, detection, investigation, or prosecution of, or
			the incarceration of any person for, any violation of law, and had statutory
			powers of arrest;
(c) 1. before such separation, served as a law enforcement
			officer for an aggregate of ten years or more; or
2. separated from service with such agency after completing any
			applicable probationary period of such service due to a service-connected
			disability, as determined by such agency;
(d) during the most recent 12-month period, has met, at the
			expense of the individual, the standards for qualification in firearms training
			for an active law enforcement officer, as determined by the state in which the
			individual resides;
(e) 1. has not been officially found by a qualified medical
			professional employed by the agency to be unqualified for reasons relating to
			mental health and as a result of this finding will not be issued the
			photographic identification as described in
			18
			U.S.C. §
									926C; or
2. has not entered into an agreement with the agency from which
			the individual is separating from service in which that individual acknowledges
			he or she is not qualified under 501 CMR 13.02:
Qualified Retired
			Law Enforcement Officer
(e)2. for reasons relating to mental
			health and for those reasons will not receive or accept the photographic
			identification as described in
			18
			U.S.C. §
									926C.
(e) is not under the influence of alcohol or another
			intoxicating or hallucinatory drug or substance; and
(f) is not prohibited by Federal law from receiving a
			firearm.
Secretary
. The Secretary of Public
			Safety or his or her designee.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 13.00 - Standards For Identification Cards For Retired Law Enforcement Officers › Section 13.03 - Issuance of Identification Card

Current through Register 1525, July 5, 2024
The chief law enforcement officer for a law enforcement agency
			shall issue an identification card to a qualified retired law enforcement
			officer who retired from that law enforcement agency.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 13.00 - Standards For Identification Cards For Retired Law Enforcement Officers › Section 13.04 - Standard Components of Identification Cards

Current through Register 1525, July 5, 2024
Identification cards for qualified retired law enforcement
			officers shall, at a minimum, contain the following information:
(1) On the front of the card:
(a) the name of the qualified retired law
		  enforcement officer;
(b) the name
		  and business address of the law enforcement agency issuing the identification
		  card;
(c) the date the law
		  enforcement agency issued the identification card;
(d) a photograph of the qualified retired law
		  enforcement officer; and
(e) the
		  telephone number of the law enforcement agency that issued the identification
		  card.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 13.00 - Standards For Identification Cards For Retired Law Enforcement Officers › Section 13.05 - Eligibility for Qualification

Current through Register 1525, July 5, 2024
A qualified retired law enforcement officer must obtain an
			identification card from the law enforcement agency that formerly employed such
			officer in order for such officer to be eligible for qualification by a LEOSA
			instructor certified by the Department of State Police pursuant to
			515 CMR 6.00:
Law
			Enforcement Officers Safety Act Qualification Standards and Instructor
			Certification.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 13.00 - Standards For Identification Cards For Retired Law Enforcement Officers › Section 13.06 - Severability Clause

Current through Register 1525, July 5, 2024
If any portion of
			501 CMR 13.00 is for any
			reason held to be unconstitutional, contrary to statute, in excess of the
			authority of the Secretary of Public Safety or otherwise inoperative, such
			decision shall not affect the validity of any other portion of
			501 CMR
			13.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.01 - Purpose

Current through Register 1525, July 5, 2024
(1) The purpose of
		  501 CMR 14.00 is to establish
		  rules and regulations governing the testing, certification, marking, and
		  enforcement of Massachusetts' fire standard compliant cigarettes.
(2)
								501 CMR 14.00 shall not
		  prohibit wholesale dealers or retailers from selling existing inventory on or
		  after January 1, 2008 pursuant to St. 2006, c. 140, § 2.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
501 CMR 14.00 is promulgated
			pursuant to M.G.L. c. 64C, § 2A through 2F, authorizing the Secretary of
			Public Safety to promulgate regulations governing the testing, certification,
			marking, and enforcement of Massachusetts' fire standard compliant
			cigarettes.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.04 - General Requirements

Current through Register 1525, July 5, 2024
(1) Effective
		  January 1, 2008, no person shall sell, offer for sale, or possess for sale in
		  the Commonwealth, cigarettes that are not in compliance with the following
		  requirements, as provided for in M.G.L. c. 64C, §§ 2A through 2F:
(a) Cigarettes shall be tested by the
		  manufacturer in accordance with the method described in M.G.L. c. 64C,
		  §2B.
(b) Cigarettes shall meet
		  the performance standard specified in M.G.L. c. 64C, § 2B.
(c) A written certification shall be filed by
		  the manufacturer with the Secretary in accordance with the requirements of
		  M.G.L. c. 64C, § 2C.
(d)
		  Cigarettes shall meet the marking requirements of M.G.L. c. 64C, §
		  2D.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.05 - Testing

Current through Register 1525, July 5, 2024
(1) No cigarette may be sold or offered for
		  sale in the Commonwealth or offered for sale or sold to persons located in the
		  Commonwealth unless the cigarettes have been tested in accordance with, and
		  meet the performance standard of M.G.L. c. 64C, § 2B.
(2) Each cigarette listed in a certification
		  to the Secretary, which uses lowered permeability bands in the cigarette paper
		  to achieve compliance with the performance standard shall have no less than two
		  nominally identical bands on the paper surrounding the tobacco column. The
		  position of these bands on said cigarettes shall conform to the requirements of
		  M.G.L. c. 64C, §2B.
(3) If the
		  Secretary determines that a cigarette cannot be tested in accordance with the
		  provisions of M.G.L. c. 64C, § 2B, the manufacturer shall propose a test
		  method and performance standard for such cigarette to the Secretary who shall
		  determine, in consultation with the Commissioner, whether said standard is
		  equivalent to the prescribed standard. If the proposed standard is approved by
		  the Secretary, the manufacturer may employ such method to certify its
		  cigarettes in conformance with M.G.L. c. 64C, § 2C. All other applicable
		  requirements of M.G.L. c. 64C, §§ 2A through 2F shall apply. All
		  records of such test results and performance standards shall be kept by the
		  manufacturer for three years and shall be sent upon request to the Secretary
		  and the Attorney General of the Commonwealth.
(4) The Secretary may adopt a subsequent ASTM
		  standard or another state's cigarette test method, providing: The subsequent
		  method does not result in a decrease in the percentage of full-length burns
		  when compared to the same cigarette tested in accordance with
ASTM
		  Standard E2187-09.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.06 - Certification

Current through Register 1525, July 5, 2024
(1) Each manufacturer shall submit to the
		  Secretary a written certification attesting that each cigarette listed in said
		  certification has complied with the certification requirements of M.G.L. c.
		  64C, § 2C.
(2) Each cigarette
		  certified in accordance with the provisions of M.G.L. c. 64C, § 2C shall
		  be recertified every three years.
(3) A fee of $3,000 shall be paid by the
		  manufacturer to the Secretary for each cigarette listed in the manufacturers
		  certification. The Secretary may, as he or she determines, adjust the
		  certification fee to provide for processing, testing, enforcement, and
		  oversight of activities related to M.G.L. c. 64C, §§ 2B through
		  2F.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.07 - Marking

Current through Register 1525, July 5, 2024
(1) All cigarettes certified as in compliance
		  with M.G.L. c. 64C, § 2B, shall be marked in accordance with the
		  provisions of M.G.L. c. 64C, § 2D.
(2) The manufacturer shall use only one
		  marking applied uniformly to all cigarette packages including, but not limited
		  to: packs, cartons, and cases of all brands marketed by the
		  manufacturer.
(3) Prior to the
		  certification of any cigarette, the manufacturer shall present its proposed
		  marking to the Secretary for approval. The Secretary shall approve or
		  disapprove the marking offered within ten days or said marking shall be deemed
		  approved. Markings approved for use in New York State pursuant to New York fire
		  safety standards for cigarettes shall be accepted. No manufacturer shall modify
		  its mark without prior notice to the Secretary.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.08 - Certification Process

Current through Register 1525, July 5, 2024
(1) Each manufacturer
		  shall submit to the Secretary's designee:
The Massachusetts Office of Cigarette Certification
c/o The Massachusetts Department of Fire Services
P.O. Box 1025 ~ State Road
Stow, Massachusetts 01775;
(a) Written certification attesting that each
		  cigarette listed has been tested in accordance with M.G.L. c. 64C, § 2B
		  and has complied with the performance standard as required;
(b) All certification information required
		  pursuant to M.G.L. c. 64C, § 2C, and;
(c) All proposed markings as required by
		  M.G.L. c. 64C, § 2D.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.09 - Penalties

Current through Register 1525, July 5, 2024
Any manufacturer, wholesale dealer, agent, retail dealer or
			other person, who violates the applicable provisions of M.G.L. c. 64C,
			§§ 2A through 2F shall be subject to the penalties provided in M.G.L.
			c. 64C, § 2E.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.10 - Inspection Authority

Current through Register 1525, July 5, 2024
(1) Inspections
		  may be made of wholesale dealers, agents and retailer dealers at any place
		  where cigarettes are sold, offered for sale, stored or at any site where there
		  is evidence of a violation of the requirements of M.G.L. c. 64C, §§
		  2A through 2F.
(2) Wholesale
		  dealers, agents, and retail dealers shall permit an employee or agent of the
		  Secretary, including compliance officers of the Department of Fire Services,
		  upon presentation of appropriate identification and credentials, to enter, and
		  to conduct an inspection of any building, facility, site or other place as
		  described in 501 CMR 14.10(1).
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.11 - Seizure Authority

Current through Register 1525, July 5, 2024
Upon discovery by the Secretary, including compliance officers
			of the Department of Fire Services, or his or her employees including agents,
			or any law enforcement agency, that any cigarettes have been sold or offered
			for sale which do not comply with the provisions of M.G.L. c. 64C. The
			Secretary, including compliance officers of the Department of Fire Services,
			his or her employees, agents or any law enforcement authority may seize such
			cigarettes and notify the Secretary forthwith. The Secretary may order such
			cigarettes to be disposed of as contraband.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.12 - Sale of Existing Inventory

Current through Register 1525, July 5, 2024
M.G.L. c. 64C, §§ 2B through 2E shall not prohibit
			wholesale dealers or retail dealers from selling their exiting inventory of
			cigarettes on or after January 1, 2008, if the wholesale dealer or retail
			dealer can establish that state tax stamps were affixed to the cigarettes prior
			to January 1, 2008, and if such wholesale dealer or retail dealer can establish
			that such inventory was purchased prior to January 1, 2008, in comparable
			quantity to the inventory purchased during the same period of the prior
			year.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 15.00 - Standards For Identification Cards For Active Duty Law Enforcement Officers › Section 15.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
			501 CMR 15.00 is to establish
			rules and regulations governing the standards for identification cards for
			active duty law enforcement officers in compliance with the provisions of the
			Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. § 926B and
			An Act Relative to the Issuance of Uniform Police Identification Cards, St.
			2010, c. 461.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 15.00 - Standards For Identification Cards For Active Duty Law Enforcement Officers › Section 15.02 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of
			501 CMR 15.00, the words
			shall have the following meanings:
Chief Law Enforcement Officer
: The
			chief of a municipal police department, the Chief of the Massachusetts Bay
			Transportation Authority Transit Police Department, or the designee of any of
			the above.
Full-time Law Enforcement Officer
: A
			Law Enforcement Officer, as defined in 501 CMR 15.02, who is employed by a Law
			Enforcement Agency at least 20 hours per week, on average, and who has
			completed an approved full-time police academy or received an appropriate
			waiver pursuant to M.G.L. c. 41, § 96B.
Law Enforcement Agency
: A municipal
			police department, or the Massachusetts Bay Transportation Authority Transit
			Police Department.
Law Enforcement Officer
: An individual
			who meets the definition of a law enforcement officer under 18 U.S.C. §
			926B, specifically a person who:
(a) is an employee of a governmental agency;
(b) is authorized by law engage in or supervise the prevention,
			detection, investigation, or prosecution of, or the incarceration of any person
			for, any violation of law, and has statutory powers of arrest;
(c) is authorized by the agency to carry a firearm;
(d) is not the subject of any disciplinary action by the agency
			which could result in suspension or loss of police powers;
(e) meets standards, if any, established by the agency which
			require the employee to regularly qualify in the use of a firearm;
(e) is not under the influence of alcohol or another
			intoxicating or hallucinatory drug or substance; and
(f) is not prohibited by Federal law from receiving a firearm.
The definition of
Law Enforcement
			Officer
shall include a full-time police commissioner of a police
			department that has only one police commissioner.
The definition of
Law Enforcement
			Officer
shall not include auxiliary officers, civilian
			dispatchers, personnel who are not police officers even though they may have
			been granted police authority, such as school crossing guards, animal control
			officers and community service officers, persons who have been granted police
			powers for the purpose of performing private details, employees of non-police
			organizations or government agencies who have special police powers, honorary
			police officers or elected or appointed officials who, by virtue of a city or
			town charter, special legislation or other mechanism are deemed to be "police
			commissioners" or otherwise have supervisory responsibility for a police
			agency.
Part-time Law Enforcement Officer
: A
			law enforcement officer who does not meet the definition of a Full-time Law
			Enforcement Officer.
Secretary
: The Secretary of Public
			Safety and Security or his or her designee.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 15.00 - Standards For Identification Cards For Active Duty Law Enforcement Officers › Section 15.03 - Issuance of Identification Card

Current through Register 1525, July 5, 2024
The Chief Law Enforcement Officer of a Law Enforcement Agency
			shall issue one identification card to each Law Enforcement Officer employed by
			the Law Enforcement Agency. All identification cards issued to Law Enforcement
			Officers shall be of the same design and appearance, shall be manufactured by
			the same vendor and shall have the same security features.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 15.00 - Standards For Identification Cards For Active Duty Law Enforcement Officers › Section 15.04 - Standard Components of Identification Cards

Current through Register 1525, July 5, 2024
Identification cards for Law Enforcement Officers shall, at a
			minimum, contain the following information:
(1) On the front of the card:
(a) the name of the Law Enforcement
		  Officer;
(b) the rank of the Law
		  Enforcement Officer;
(c) the name,
		  business address and telephone number of the Law Enforcement Agency issuing the
		  identification card;
(d) the
		  issuance date of the identification card;
(e) a photograph of the Law Enforcement
		  Officer; and
(f) security features
		  designed to thwart tampering and counterfeiting.
Cards issued to Part-time Law Enforcement Officers will denote
			the officer's rank as reserve officer, special officer or permanent
			intermittent officer.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 15.00 - Standards For Identification Cards For Active Duty Law Enforcement Officers › Section 15.05 - Requirements

Current through Register 1525, July 5, 2024
(1) Identification cards issued by a Law
		  Enforcement Agency are the property of the Agency and shall be surrendered
		  immediately upon the demand of the Chief Law Enforcement Officer of said
		  Agency.
(2) Law Enforcement
		  Officers shall diligently safeguard their identification cards so as to prevent
		  loss, destruction or theft.
(a) Any Law
		  Enforcement Officer who loses an issued identification card, or whose card is
		  stolen, shall immediately report the loss or theft to a superior officer of the
		  Law Enforcement Agency. The superior officer shall ensure that the card is
		  entered into the National Crime Information Center (NCIC) as a stolen article.
		  Lost or stolen cards that are subsequently recovered shall be cancelled in
		  NCIC. If a replacement card was issued, the original card shall be
		  destroyed.
(b) Law Enforcement
		  Agencies shall replace lost, damaged or stolen identification cards in a timely
		  manner.
(c) Law Enforcement
		  Officers shall not loan or give their identification cards to any person, other
		  than a superior officer of their Law Enforcement Agency.
(d) Identification cards shall expire on a
		  schedule established by the Chief Law Enforcement Officer of the Law
		  Enforcement Agency issuing the card. A Law Enforcement Officer shall return an
		  expiring card as soon as a new one is issued.
(e) Law Enforcement Officers are responsible
		  for applying for a new identification card whenever there is a change in the
		  Law Enforcement Officer's name, rank or department.
(f) The issuing Law Enforcement Agency shall
		  immediately demand the return of an identification card from any Law
		  Enforcement Officer who is suspended, terminated or out of compliance with the
		  definition of Law Enforcement Officer, or when the officer resigns, transfers
		  or retires.
(g) Each Chief Law
		  Enforcement Officer shall issue and enforce a Law Enforcement Agency policy
		  and/or procedure requiring adherence with
		  501 CMR 15.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 15.00 - Standards For Identification Cards For Active Duty Law Enforcement Officers › Section 15.06 - Department of State Police

Current through Register 1525, July 5, 2024
(1) The Colonel of
		  the Department of State Police (Colonel) may elect to have the State Police
		  participate in the identification card program described in
		  501 CMR 15.02 through
		  15.05.
If the Colonel elects to so participate, the definition of
			Chief Law Enforcement Officer in
			501 CMR 15.02 shall
			include "the Colonel of the Department of State Police." The definition of Law
			Enforcement Agency in
			501 CMR 15.02 shall
			include "the Department of State Police."
(2) If the Colonel so elects to participate,
		  the Department of State Police must abide by the entirety of
		  501 CMR 15.00.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 15.00 - Standards For Identification Cards For Active Duty Law Enforcement Officers › Section 15.07 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
			of
			501 CMR 15.00 is for any
			reason held to be unconstitutional, contrary to statute, in excess of the
			authority of the Secretary or otherwise inoperative, such decision shall not
			affect the validity of any other article, section, subsection, sentence, clause
			or phrase of
			501 CMR
			15.00.