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S 1146

An Act relative to constables in the commonwealth

194th Legislature (2025-2026) Introduced by Robyn Kennedy

Clarifies supervision and requires POST-certified arrest authority for municipal constables, limiting arrests to those with active certification and establishing written supervisor

Hearing rescheduled to 11/04/2025 from 01:00 PM-05:00 PM in A-1 and Virtual Hearing updated to New End Time
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Bill Summary · S 1146

Summary — S.1146: "An Act relative to constables in the commonwealth"

Note on source documents: the materials provided include text from two different bills (an Idaho oil & gas commission amendment and a Massachusetts bill on constables). This summary focuses on the Massachusetts bill titled “An Act relative to constables in the commonwealth” (Senate Docket No. 1743 / S.1146) — the text that creates new supervision requirements and arrest limitations for constables in Massachusetts.

Purpose

To clarify and formalize supervision of municipal constables, define when a constable may execute arrests, and require compliance with Massachusetts Peace Officer Standards and Training (POST) certification for arrest authority. The intent is to improve oversight, public safety, and training compliance for constables who exercise law‑enforcement powers.

Key provisions

  • New supervisor definition (inserted as Section 91C to Chapter 41):
    • A constable’s supervisor must:
    • Be either (i) the municipal executive of the municipality where the constable will serve, or (ii) the principal law‑enforcement agency of that municipality (unless the municipal executive has barred that agency from serving as supervisor).
    • Be the same entity that, at the time of application, serves as the constable’s sponsoring agency under M.G.L. c. 6, §116.
    • Agree in writing to serve as the constable’s supervisor.
  • Revision of Section 94 (Chapter 41):
    • Provides a statutory definition of “arrest” (includes physical force, show of authority, or exercised official powers — including weapon display).
    • Limits when a constable may execute an arrest:
    • A constable may only execute an arrest if they hold an active, unsuspended POST certification under Chapter 6E that is not conditioned in a way that precludes making arrests, and otherwise possess legal authority to make that arrest.
    • If a constable executes an arrest without satisfying Chapter 6E requirements, the Massachusetts Peace Officer Standards and Training Commission (POST Commission) may take appropriate action under Chapter 6E.
  • Implementation/regulation:
    • The POST Commission is directed to promulgate implementing regulations, including standards and information related to supervision of constables.

Who is affected

  • Municipal constables across Massachusetts (and municipalities that appoint or host constables).
  • Municipal executives and municipal law‑enforcement agencies (as possible supervisors and sponsoring agencies).
  • The Massachusetts Peace Officer Standards and Training Commission (regulatory responsibility and enforcement).
  • Members of the public encountering constables exercising arrest powers.

Procedural status & timeline (from provided materials)

  • Filed / Docketed: 1/16/2025 by Senator Robyn K. Kennedy (Judiciary).
  • Referred to the Committee on the Judiciary (date: 2/27/2025 in some records).
  • Hearing scheduled and rescheduled: hearing set for 11/04/2025 (various notices show rescheduled times for that date).
  • The bill directs the POST Commission to promulgate implementing regulations (timeline for that rulemaking would follow enactment).

Impact and implications

  • Seeks to standardize supervision and ensure constables have POST certification before making arrests — likely to reduce incidents involving uncertified use of police powers and bring constable arrest authority into alignment with statewide training/discipline standards.
  • Municipalities will need written supervisory agreements and may need to coordinate with their law‑enforcement agency and POST Commission.
  • The POST Commission will need to issue implementing regulations and may see an increase in oversight/disciplinary actions involving constables.

Notes / Caveat

  • The provided packet mixed content from an unrelated Idaho oil & gas bill and included inconsistent metadata (federal senator names and other docket entries). The above summary isolates and synthesizes the Massachusetts constable bill text and related procedural items only.

Compiled from official sources — confirm details with the bill’s official record.

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