555 CMR, § 2.02 - Definitions

As used in 555 CMR, the following words and phrases shall have the following meaning, unless the context clearly requires otherwise:

Agency. A law enforcement agency.

Appointing Agency. The agency appointing a law enforcement officer.

Chair. The chair of the commission.

Commission. The Massachusetts Peace Officer Standards and Training Commission, established pursuant to M.G.L. c. 6E, § 2.

Commissioner. A member of the commission.

Conviction. An adjudication of a criminal matter resulting in any outcome except wherein the matter is dismissed or the accused is found to be not guilty including, but not limited, to an adjudication of guilt with or without the imposition of a sentence, a plea of guilty, a plea of nolo contendere, an admission to sufficient facts, a continuance without a finding or probation.

Division of Standards. The division of police standards, established pursuant to M.G.L. c. 6E, § 8.

Division of Certification. The division of police certification, established pursuant to M.G.L. c. 6E, § 4.

Executive Director. The executive director of the commission, appointed pursuant to M.G.L. c. 6E, § 2(g).

Law Enforcement Agency.

(a) a state, county, municipal or district law enforcement agency including, but not limited to, a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department;

(b) a sheriff's department in its performance of police duties and functions; or

(c) a public or private college, university or other educational institution or hospital police department.

Law Enforcement Officer or Officer. Any officer of an agency, including the head of the agency; a special state police officer appointed pursuant to M.G.L. c. 22C, § 58 or § 63; a special sheriff appointed pursuant to M.G.L. c. 37, § 4 performing police duties and functions; a deputy sheriff appointed pursuant to M.G.L. c. 37, § 3 performing police duties and functions; a constable executing an arrest for any reason; or any other special, reserve or intermittent police officer.

Officer-involved Injury or Death. Any event during which an officer:

(a) discharges a firearm, as defined in M.G.L. c. 140, § 121, actually or proximately causing injury or death to another;

(b) discharges any stun gun as defined in M.G.L. c. 140, § 121, actually or proximately causing injury or death to another;

(c) uses a chokehold, actually or proximately causing injury or death of another;

(d) discharges tear gas or other chemical weapon, actually or proximately causing injury or death of another;

(e) discharges rubber pellets from a propulsion device, actually or proximately causing injury or death of another;

(f) deploys a dog, actually or proximately causing injury or death of another;

(g) uses deadly force, actually or proximately causing injury or death of another;

(h) fails to intervene, as required by M.G.L. c. 6E, § 15, to prevent the use of excessive or prohibited force by another officer who actually or proximately causes injury or death of another; or

(i) engages in a physical altercation with a person who sustains serious bodily injury or requests or receives medical care as a result, provided that such medical care relates to an actual condition or injury that is more than de minimis. An injury is more than de minimis where it produces an observable injury or medical condition, the customary medical response to which would include that a person visit an emergency room, or have a doctor or other medical professional attend to, give an opinion regarding, diagnose, and/or provide medical treatment for the injury or condition.

Presiding Officer. The commissioner, panel of commissioners, or special hearing officer or panel of special hearing officers designated by the chair to conduct an adjudicatory proceeding pursuant to 555 CMR 1.10(1).

Serious Bodily Injury. A bodily injury that results in:

(a) permanent disfigurement;

(b) protracted loss or impairment of a bodily function, limb or organ; or

(c) a substantial risk of death.

Single Commissioner. The commissioner assigned to conduct a hearing pursuant to 555 CMR 1.09: Single Commissioner Review of Suspensions.

Notes

555 CMR, § 2.02

Adopted by Mass Register Issue 1472, eff. 6/24/2022. Amended by Mass Register Issue 1505, eff. 6/24/2022.