Definitions

Authorized Law Enforcement Agency (Authorized Agency). A state, county, municipal or district law enforcement agency including, but not limited to: (a) 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; (c) a public or private college, university or other educational institution or hospital police department; (d) a humane society police department in M.G.L. c. 22C, § 57; or (e) any other law enforcement agency subject to the Massachusetts Peace Officer Standards and Training (POST) Commision certification requirements. Authorized Law Enforcement Officer (Authorized Officer). Any officer of a law enforcement agency, including the head of the agency; a special state police officer appointed pursuant to M.G.L. c. 22C, § 57, 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; any other special, reserve, or intermittent police officer; or any other law enforcement agency subject to the POST Commission certification requirements. Authorized Law Enforcement Officer (Authorized Officer) does not include state or county correctional officers designated to special operations or tactical teams within a state or county correctional facility. Civilian. Any individual who is not an authorized law enforcement officer as defined in 50 CMR 8.03. (Mass. Register #1486, 1/06/2023) 8.03: continued Electronic Control Weapon (ECW)/Conducted Energy Devices. A stun gun as defined in M.G.L. c. 140, § 121, or any portable device or weapon, regardless of whether it passes an electrical shock by means of a dart or projectile via a wire lead, from which an electrical current, impulse, wave or beam that is designed to incapacitate temporarily by causing neuromuscular incapacitation or pain so that an officer can regain and maintain control of the subject.