SENATE . . . . . . . . . . . . . . No. 2963
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________
SENATE, November 30, 2020
Report of the committee of conference on the disagreeing votes of the two branches, with
reference to the House amendments to the Senate Bill to reform police standards and shift
resources to build a more equitable, fair and just commonwealth that values Black lives and
communities of color (Senate, No. 2820) (amended by the House by striking out all after the
enacting clause and inserting in place thereof the text of House document numbered 4866),--
reports, a “Bill relative to justice, equity and accountability in law enforcement in the
Commonwealth.” (Senate, No. 2963).
For the Committee:
William N. Brownsberger Claire D. Cronin
Sonia Chang-Díaz Carlos González
 SENATE . . . . . . . . . . . . . . No. 2963
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________
An Act relative to justice, equity and accountability in law enforcement in the Commonwealth.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith
provide justice, equity and accountability in law enforcement, therefore, it is hereby declared to be an
emergency law, necessary for the immediate preservation of the public safety.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following
2 4 sections:-
3 Section 72. (a) There shall be a permanent commission on the status of African
4 Americans. The commission shall consist of: 3 persons appointed by the governor from a list of
5 not less than 5 nominees provided by the Massachusetts branches of the National Association for
6 the Advancement of Colored People New England Area Conference; 3 persons appointed by the
7 president of the senate; and 3 persons appointed by the speaker of the house of representatives.
8 Members of the commission shall be residents of the commonwealth who have demonstrated a
9 commitment to the African American community. Members shall be considered special state
10 employees for purposes of chapter 268A.
11 (b) A member of the commission shall serve a term of 3 years and until a successor is
12 appointed. Vacancies in the membership of the commission shall be filled by the original
13 appointing authority for the balance of the unexpired term.
14 (c) The commission shall annually elect from among its members a chair, a vice chair, a
15 treasurer and any other officers it considers necessary. The members of the commission shall
16 receive no compensation for their services; provided, however, that members shall be reimbursed
17 for any usual and customary expenses incurred in the performance of their duties.
18 (d) The commission shall be a resource to the commonwealth on issues affecting African
19 Americans. It shall be a primary function of the commission to make policy recommendations,
20 based on research and analysis, to the general court and executive agencies that: (i) ensure
21 African Americans equitably benefit from and have access to government services in the same
22 manner as other citizens of the commonwealth; (ii) amend laws, policies and practices that have
23 benefited citizens of the commonwealth to the exclusion of African Americans; and (iii) promote
24 solutions that address the impact of discrimination against African Americans. Further, the
25 commission shall: (A) promote research and be a clearinghouse and source of information on
26 issues pertaining to African Americans in the commonwealth; (B) inform the public and leaders
27 of business, education, human services, health care, judiciary, state and local governments and
28 the media of the historical and current implications of systemic racism on the African American
29 community across the commonwealth and the unique cultural, social, ethnic, economic and
30 educational issues affecting African Americans in the commonwealth; (C) serve as a liaison
31 between government and private interest groups with regard to matters of unique interest and
32 concern to African Americans in the commonwealth; (D) identify and recommend qualified
33 African Americans for appointive positions at all levels of government, including boards and
34 commissions; (E) assess programs and practices in all state agencies as they affect African
35 Americans using a racial equity framework; (F) advise executive agencies and the general court
36 on the potential effect on African Americans of proposed legislation and regulations using a
37 racial equity framework; (G) monitor executive and legislative action purported to eliminate
38 systemic racism for its impact on African Americans using a racial equity framework; and (H)
39 generally undertake activities designed to enable the commonwealth to realize the full benefit of
40 the skills, talents and cultural heritage of African Americans in the commonwealth.
41 (e) Annually, not later than June 2, the commission shall report the results of its findings
42 and activities of the preceding year and its recommendations to the governor and to the clerks of
43 the house of representatives and senate.
44 (f) The powers of the commission shall include, but not be limited to: (i) directing a staff
45 to perform its duties; (ii) holding regular, public meetings and fact-finding hearings and other
46 public forums as necessary; (iii) using the voluntary and uncompensated services of private
47 individuals, agencies and organizations that may from time to time be offered and needed,
48 including provision of meeting places and refreshments; (iv) establishing and maintaining offices
49 that it considers necessary, subject to appropriation; (v) enacting by-laws for its own governance;
50 (vi) contracting or collaborating with academic institutions, private sector consultants or other
51 professionals for research and analysis; and (vii) recommending policies and making
52 recommendations to agencies and officers of the state and local subdivisions of government to
53 effectuate the purposes of subsection (d).
54 (g) The commission may request information and assistance from state agencies as the
55 commission requires.
56 (h) The commission may accept and solicit funds, including any gifts, donations, grants
57 or bequests or any federal funds for any of the purposes of this section. The commission shall
58 receive settlement funds payable to the commonwealth related to matters involving racial
59 discrimination or other bias toward African Americans; provided, that the attorney general shall
60 deposit any such settlement funds into the separate account with the state treasurer; provided,
61 however, that the commission shall not receive more than $2,000,000 in settlement funds in any
62 single fiscal year or cumulatively more than $2,500,000 in settlement funds in any period of 5
63 fiscal years. Funds received under this subsection shall be deposited in a separate account with
64 the state treasurer, received by the treasurer on behalf of the commonwealth and expended by the
65 commission in accordance with law.
66 (i) The commission staff shall consist of an executive director, employees, consultants
67 and unpaid volunteers who assist the commission in effectuating its statutory duties. The
68 commission shall appoint the executive director for a term of 3 years.
69 Section 73. (a) There shall be a permanent commission on the status of Latinos and
70 Latinas. The commission shall consist of: 3 persons appointed by the governor from a list of not
71 less than 5 nominees provided by gateway municipalities as defined in section 3A of chapter
72 23A where 40 per cent or more of the population are Latinos and Latinas; 3 persons appointed by
73 the president of the senate; and 3 persons appointed by the speaker of the house of
74 representatives from a list of not less than 5 nominees provided by the Massachusetts Black and
75 Latino Legislative Caucus. Members of the commission shall be residents of the commonwealth
76 who have demonstrated a commitment to the Latino and Latina community. Members shall be
77 considered special state employees for purposes of chapter 268A.
 78 (b) A member of the commission shall serve a term of 3 years and until a successor is
79 appointed. Vacancies in the membership of the commission shall be filled by the original
80 appointing authority for the balance of the unexpired term.
81 (c) The commission shall annually elect from among its members a chair, a vice chair, a
82 treasurer and any other officers it considers necessary. The members of the commission shall
83 receive no compensation for their services; provided however, that members shall be reimbursed
84 for any usual and customary expenses incurred in the performance of their duties.
85 (d) The commission shall be a resource to the commonwealth on issues affecting Latinos
86 and Latinas. It shall be a primary function of the commission to make policy recommendations,
87 based on research and analysis, to the general court and executive agencies that: (i) ensure
88 Latinos and Latinas equitably benefit from and have access to government services in the same
89 manner as other citizens of the commonwealth; (ii) amend laws, policies and practices that have
90 benefited citizens of the commonwealth to the exclusion of Latinos and Latinas; and (iii)
91 promote solutions that address the impact of discrimination against Latinos and Latinas. Further,
92 the commission shall: (A) promote research and be a clearinghouse and source of information on
93 issues pertaining to Latinos and Latinas in the commonwealth; (B) inform the public and leaders
94 of business, education, human services, health care, judiciary, state and local governments and
95 the media of the historical and current implications of systemic racism on the Latino and Latina
96 community across the commonwealth and the unique cultural, social, ethnic, economic and
97 educational issues affecting Latinos and Latinas in the commonwealth; (C) serve as a liaison
98 between government and private interest groups with regard to matters of unique interest and
99 concern to Latinos and Latinas in the commonwealth; (D) identify and recommend qualified
100 Latinos and Latinas for appointive positions at all levels of government, including boards and
101 commissions; (E) assess programs and practices in all state agencies as they affect Latinos and
102 Latinas using a racial equity framework; (F) advise executive agencies and the general court on
103 the potential effect on Latinos and Latinas of proposed legislation and regulations using a racial
104 equity framework; (G) monitor executive and legislative action purported to eliminate systemic
105 racism for its impact on Latinos and Latinas using a racial equity framework; and (H) generally
106 undertake activities designed to enable the commonwealth to realize the full benefit of the skills,
107 talents and cultural heritage of Latinos and Latinas in the commonwealth.
108 (e) Annually, not later than June 2, the commission shall report the results of its findings
109 and activities of the preceding year and its recommendations to the governor and to the clerks of
110 the house of representatives and senate .
111 (f) The powers of the commission shall include, but not be limited to: (i) directing a staff
112 to perform its duties; (ii) holding regular, public meetings and fact-finding hearings and other
113 public forums as necessary; (iii) using the voluntary and uncompensated services of private
114 individuals, agencies and organizations that may from time to time be offered and needed,
115 including provision of meeting places and refreshments; (iv) establishing and maintaining offices
116 that it considers necessary, subject to appropriation; (v) enacting by-laws for its own governance;
117 (vi) contracting or collaborating with academic institutions, private sector consultants or other
118 professionals for research and analysis; and (vii) recommending policies and making
119 recommendations to agencies and officers of the state and local subdivisions of government to
120 effectuate the purposes of subsection (d).
121 (g) The commission may request information and assistance from state agencies as the
122 commission requires.
123 (h) The commission may accept and solicit funds, including any gifts, donations, grants
124 or bequests or any federal funds for any of the purposes of this section. The commission shall
125 receive settlement funds payable to the commonwealth related to matters involving racial
126 discrimination or other bias toward Latinos and Latinas; provided, that the attorney general shall
127 deposit any such settlement funds into the separate account with the state treasurer; provided,
128 however, that the commission shall not receive more than $2,000,000 in settlement funds in any
129 single fiscal year or cumulatively more than $2,500,000 in settlement funds in any period of 5
130 fiscal years. Funds received under this subsection shall be deposited in a separate account with
131 the state treasurer, received by the treasurer on behalf of the commonwealth and expended by the
132 commission in accordance with law.
133 (i) The commission staff shall consist of an executive director, employees and consultants
134 and unpaid volunteers who assist the commission in effectuating its statutory duties. The
135 commission shall appoint the executive director for a term of 3 years.
136 Section 74. (a) There shall be a permanent commission on the status of persons with
137 disabilities. The commission shall consist of: 3 persons appointed by the president of the senate;
138 3 persons appointed by the speaker of the house of representatives; 1 person appointed by the
139 minority leader of the senate; 1 person appointed by the minority leader of the house of
140 representatives; 7 persons appointed by the governor; the attorney general or their designee; the
141 state treasurer or their designee; the state secretary or their designee; the executive director of the
142 disabled persons protection commission or their designee; 1 person from the University of
143 Massachusetts medical school Work Without Limits program; 1 person from the Massachusetts
144 Disability Policy Consortium; 1 person from the Association of Developmental Disabilities
145 Providers, Inc.; and 1 person from the Massachusetts Developmental Disabilities Council.
146 (b) Members of the commission shall be drawn from diverse racial, ethnic, religious, age,
147 disability, sexual orientation, gender identity and expression and socio-economic backgrounds,
148 and should have personal experience, professional background or demonstrated interest on issues
149 relating to persons with disabilities. It shall be the goal of the commission to include
150 representation from a broad spectrum of disabilities, as well as perspectives of family members,
151 disability advocacy organizations, human service agencies, regional employment collaboratives
152 and business and labor organizations throughout the commonwealth.
153 (c) The commission shall be an independent agency of the commonwealth and shall not
154 be subject to the control of any other department or agency. Members of the commission shall be
155 subject to the provisions of chapter 268A as they apply to special state employees.
156 (d)(1) A member of the commission shall serve a term of 3 years and until a successor is
157 appointed, or the member is reappointed by their appointing or nominating authority.
158 (2) Vacancies in the membership of the commission shall be filled by the original
159 appointing or nominating authority for the balance of the unexpired term. If the position was
160 filled by a nominating body, the replacement member shall be selected from solicited
161 nominations. If the nominating body or appointing authority does not fill a position, the existing
162 members of the commission shall fill the vacancy from a pool of qualified applicants pursuant to
163 subsection (b).
164 (3) Nominations for vacancies in the membership shall be solicited through an open
165 application process using a uniform and accessible application, which accommodates candidates
166 of all abilities. Appointments shall be announced not later than April 1 of each year.
167 (4) The commission shall elect from among its members a chair, a vice-chair, a clerk, a
168 treasurer and any other officers it deems necessary to carry out its mission.
169 (5) The members of the commission shall receive no compensation for their services, but
170 shall be reimbursed for any usual and customary expenses incurred in the performance of their
171 duties.
172 (e) An executive director shall be selected by the commission and may hire staff. The
173 executive director shall be qualified by his or her experience working on issues relating to
174 persons with disabilities, organizing research and reports, advocacy and communication skills
175 and demonstrated leadership abilities. The executive director shall not simultaneously serve as a
176 member of the commission.
177 (f) The commission shall work to advance the cause of all persons with disabilities in the
178 commonwealth. The commission shall be