Updates
Added by St. 2026, c. 163, § 12, effective November 3, 2026
Section 1
As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Civil arrest”, an arrest that is not: (i) for the purpose of preparing the person subject to such arrest for criminal prosecution for an alleged violation of the criminal law of: (A) the commonwealth or another jurisdiction within the United States, for which a sentence of a term of imprisonment is authorized by law; or (B) the United States, for which a sentence of a term of imprisonment is authorized by law and for which federal law requires an initial appearance before a federal judge, federal magistrate or other judicial officer pursuant to the federal rules of criminal procedure that govern initial appearances; (ii) for contempt of court; (iii) for a capias issued by a judge of the commonwealth; (iv) for a parole warrant issued under section 149A of chapter 127 or a probation warrant issued under section 3 of chapter 279; (v) for a governor’s warrant of arrest issued under section 16 of chapter 276; or (vi) related to an application for commitment under section 12 of chapter 123.
“Courthouse”, the interior of any facility in which a court of the commonwealth conducts business, or curtilage thereof; provided, however, that curtilage shall include, but not be limited to, lawns, plazas, courtyards, steps, ramps, sidewalks, walkways, any garage, driveway or parking lot owned by or leased by the judicial branch contiguous to a courthouse and any sidewalk or walkway that connects the courthouse to a garage or parking lot owned or leased by the judicial branch.
“Judicial warrant” or “judicial order”, an arrest warrant or other judicial order, issued by a judge or magistrate sitting in the judicial branch of a local or state government or of the federal government, authorizing an arrest.
“Law enforcement agency”, (i) a state, county, municipal or district law enforcement agency, including, but not limited to: (A) a city, town or district police department; (B) the office of environmental law enforcement; (C) the University of Massachusetts police department; (D) the department of the state police; (E) the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department; and (F) the Massachusetts Bay Transportation Authority police department; (ii) a sheriff’s department in its performance of police duties and functions; (iii) a public or private college, university or other educational institution or hospital police department; (iv) a federal law enforcement agency; or (v) a humane society police department in section 57 of chapter 22C.
“Law enforcement officer”, (i) an officer of a law enforcement agency, including, but not limited to, the head of the agency; (ii) a special state police officer appointed pursuant to section 57, 58 or 63 of chapter 22C; (iii) a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and functions; (iv) a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police duties and functions; (v) a constable executing an arrest for any reason; or (vi) any other special, reserve or intermittent police officer.
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| Last updated: | August 5, 2026 |
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