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| 2 | 2 | | HOUSE DOCKET, NO. 2889 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1467 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Angelo L. D'Emilia |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to prevent aiding, supporting, or enticing a child to runaway. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo L. D'Emilia8th Plymouth1/19/2023Alan Silvia7th Bristol1/30/2023Alyson M. Sullivan-Almeida7th Plymouth2/9/2023Colleen M. Garry36th Middlesex2/16/2023 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2889 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1467 |
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| 18 | 18 | | By Representative D'Emilia of Bridgewater, a petition (accompanied by bill, House, No. 1467) |
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| 19 | 19 | | of Angelo L. D'Emilia and others relative to penalties for aiding, supporting, or enticing children |
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| 20 | 20 | | to runaway. The Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 3788 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act to prevent aiding, supporting, or enticing a child to runaway. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Chapter 265 of the General Laws is hereby amended by inserting after section 26D the |
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| 32 | 32 | | 2following section:- |
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| 33 | 33 | | 3 Section 26E. (a) As used in this section, the term “entice” shall mean to lure, induce, |
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| 34 | 34 | | 4persuade, tempt, incite, solicit, coax or invite. |
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| 35 | 35 | | 5 (b) (1) Whoever, without lawful authority, knowingly aids, supports or entices a child |
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| 36 | 36 | | 6under the age of 18 in absconding from, or continuing to abscond from the care of a parent, legal |
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| 37 | 37 | | 7guardian or any other person, agency or entity legally responsible for the care of the child shall |
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| 38 | 38 | | 8be punished by imprisonment in the house of correction for not more than 1 year, or by a fine of |
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| 39 | 39 | | 9not more than $1,000, or by both such fine and imprisonment. 2 of 3 |
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| 40 | 40 | | 10 (2) Whoever, without lawful authority, knowingly aids, supports or entices a child under |
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| 41 | 41 | | 11the age of 14 in absconding from, or continuing to abscond from the care of a parent, legal |
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| 42 | 42 | | 12guardian or any other person, agency or entity legally responsible for the care of the child shall |
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| 43 | 43 | | 13be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not |
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| 44 | 44 | | 14more than $1,000, or by both such fine and imprisonment. |
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| 45 | 45 | | 15 (c) (1) Whoever knowingly aids, supports or entices a child under the age of 18 in |
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| 46 | 46 | | 16absconding from, or continuing to abscond from, the custody of the department of children and |
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| 47 | 47 | | 17families, foster care or from the custody of any other individual, agency or entity legally |
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| 48 | 48 | | 18responsible for the care of the child pursuant to a child requiring assistance order or |
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| 49 | 49 | | 19determination by the juvenile court shall be punished by imprisonment in a house of correction |
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| 50 | 50 | | 20for not more than 2½ years or in a state prison for not more than 5 years, or by a fine of not less |
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| 51 | 51 | | 21than $2,500, or by both such fine and imprisonment. |
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| 52 | 52 | | 22 (2) Whoever knowingly aids, supports or entices a child under the age of 14 in |
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| 53 | 53 | | 23absconding from, or continuing to abscond from, the custody of the department of children and |
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| 54 | 54 | | 24families, foster care or from the custody of any other individual, agency or entity legally |
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| 55 | 55 | | 25responsible for the care of the child pursuant to a child requiring assistance order or |
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| 56 | 56 | | 26determination by the juvenile court shall be punished by imprisonment in a state prison for not |
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| 57 | 57 | | 27more than 10 years, or by a fine of not less than $5,000, or by both such fine and imprisonment. |
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| 58 | 58 | | 28 (d) Whoever knowingly violates subsection (b) or (c) of this section on or within 300 feet |
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| 59 | 59 | | 29of the real property comprising a public or private accredited preschool, accredited head start |
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| 60 | 60 | | 30facility, elementary, vocational or secondary school, whether or not in session, shall be punished 3 of 3 |
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| 61 | 61 | | 31by imprisonment in a house of correction for not more than 2½ years or in a state prison for not |
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| 62 | 62 | | 32more than 5 years, or by a fine of not less than $2,500, or by both such fine and imprisonment. |
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