The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
Mark C. Montigny
John D. Keenan
Bruce E. Tarr
Matthew C. Patrick
J. James Marzilli, Jr.
James E. Timilty
Michael E. Festa
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In the Year Two Thousand and Seven.
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An Act relative to police powers on fresh and continued pursuit. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 98A of chapter 41 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out said section and inserting in place thereof the following section:—
Section 98A. A police officer of a city or town who is empowered to make
arrests, conduct investigative stops, or issue citations for automobile law
violations, may, on fresh and continued pursuit, exercise such authority in any
other city or town for any offense or automobile law violation committed in his
or her presence within his or her jurisdiction for which he or she would have
the right to arrest without a warrant, conduct an investigative stop, or issue
such a citation within his or her jurisdiction. Said officer may return any
person so arrested to the jurisdiction wherein said offense was committed. If a
police officer of a city or town observes, on such fresh and continued pursuit,
in any other city or town, the commission of an offense for which he or she
would have the authority to arrest within his or her jurisdiction without a
warrant, said officer may detain the person suspected of committing such
offense for arrest by an officer empowered, other than under this section, to
make arrests in said other city or town. Nothing contained in this section
shall be construed as limiting the powers of a police officer to make arrests
and in so far as possible this section shall be deemed declaration of the
common law of the Commonwealth.
SECTION 2. This act shall take effect upon its passage.