Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1581 Compare Versions

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22 HOUSE DOCKET, NO. 2044 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1581
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Bradley H. Jones, Jr.
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to the protection of children.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/17/2023Nicholas A. Boldyga3rd Hampden1/26/2023Susan Williams Gifford2nd Plymouth1/26/2023F. Jay Barrows1st Bristol1/26/2023Marcus S. Vaughn9th Norfolk1/27/2023Angelo L. D'Emilia8th Plymouth1/29/2023Kimberly N. Ferguson1st Worcester1/31/2023 1 of 3
1616 HOUSE DOCKET, NO. 2044 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1581
1818 By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1581) of
1919 Bradley H. Jones, Jr. and others relative to the protection of children. The Judiciary.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Third General Court
2323 (2023-2024)
2424 _______________
2525 An Act relative to the protection of children.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition,
2929 2is hereby amended by inserting after Section 13N the following section:--
3030 3 Section 13O. Failure to Notify Law Enforcement of Missing or Deceased Child
3131 4 For the purposes of this section, the following words shall have the following meanings:--
3232 5 “Person having care and custody”, a parent, guardian, employee of a home or institution
3333 6or any other person with equivalent supervision or care of a child, whether the supervision is
3434 7temporary or permanent.
3535 8 “Child”, any person under 14 years of age.
3636 9 "Law enforcement authority'', any police department in the commonwealth or any of its
3737 10political subdivisions. 2 of 3
3838 11 "Missing child or children'', any person under the age of 14 years missing from his
3939 12normal and ordinary place of residence or last known whereabouts and whose whereabouts
4040 13cannot be determined by the person having care and custody of such child.
4141 14 Whoever, having care and custody of a child, fails to notify a law enforcement authority
4242 15or emergency medical personnel of the death of such child, accidental or otherwise, within 2
4343 16hours of the discovery of such known death and (i) intends to mislead a public official, (ii)
4444 17intends to impede any investigation, or (iii) causes an investigation to be impeded, shall be
4545 18punished by a term of imprisonment in the state prison for not more than 10 years or
4646 19imprisonment in the house of correction for not more than 2 ½ years.
4747 20 Whoever, having care and custody of a child, finds the child missing and fails to notify a
4848 21law enforcement authority of the missing child within 5 days and (i) intends to mislead a public
4949 22official, (ii) intends to impede an investigation, or (iii) causes an investigation to be impeded,
5050 23shall be punished by a term of imprisonment in the state prison for not more than 10 years or
5151 24imprisonment in the house of correction for not more than 2 ½ years.
5252 25 SECTION 2. Section 13J of chapter 265 of the General Laws, as appearing in the 2020
5353 26Official Edition, is hereby amended by striking out, in lines 32 and 33, the words “two and one-
5454 27half years in the house of correction” and inserting in place thereof the following words:- 10
5555 28years in the state prison
5656 29 ; and is hereby further amended by striking out, in line 39, the words “five years” and
5757 30inserting in place thereof the following:- 15 years 3 of 3
5858 31 ; and is hereby further amended by striking out, in lines 39 and 40, the words “in a jail or
5959 32house of correction for not more than two and one-half years” and inserting in the place thereof
6060 33the following:- for 10 years in the state prison.