SENATE, No. 1150

By Mr. Baddour, a petition (accompanied by bill, Senate, No. 1150) of Steven A. Baddour for legislation relative to constables. Municipalities and Regional Government.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to constables

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 95 of Chapter 41 of the Massachusetts General Laws is hereby amended by striking the section in its entirety and inserting in place thereof the following:-

Section 95. A constable, in the execution of a warrant or writ directed to him, may convey prisoners and property in his custody, under such process within the limits of his town, unless the constable first notifies the police department in which he is executing his duties, either to the justice who issued it or to the jail or house of correction of his county. If a warrant is issued against a person for an alleged crime committed within any town, any constable thereof to whom the warrant is directed as dictated in the Rules of Civil procedure in rule 4, paragraph C and paragraph D, found in the Massachusetts Rules of Court may apprehend him only after the constable has identified himself to the local police department in which he is executing his or her duties.