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2 | 2 | | HOUSE DOCKET, NO. 2044 FILED ON: 1/19/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1581 |
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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 | | Bradley H. Jones, Jr. |
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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 relative to the protection of children. |
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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: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 |
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16 | 16 | | HOUSE DOCKET, NO. 2044 FILED ON: 1/19/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1581 |
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18 | 18 | | By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1581) of |
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19 | 19 | | Bradley H. Jones, Jr. and others relative to the protection of children. The Judiciary. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Third General Court |
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23 | 23 | | (2023-2024) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to the protection of children. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, |
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29 | 29 | | 2is hereby amended by inserting after Section 13N the following section:-- |
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30 | 30 | | 3 Section 13O. Failure to Notify Law Enforcement of Missing or Deceased Child |
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31 | 31 | | 4 For the purposes of this section, the following words shall have the following meanings:-- |
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32 | 32 | | 5 “Person having care and custody”, a parent, guardian, employee of a home or institution |
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33 | 33 | | 6or any other person with equivalent supervision or care of a child, whether the supervision is |
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34 | 34 | | 7temporary or permanent. |
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35 | 35 | | 8 “Child”, any person under 14 years of age. |
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36 | 36 | | 9 "Law enforcement authority'', any police department in the commonwealth or any of its |
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37 | 37 | | 10political subdivisions. 2 of 3 |
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38 | 38 | | 11 "Missing child or children'', any person under the age of 14 years missing from his |
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39 | 39 | | 12normal and ordinary place of residence or last known whereabouts and whose whereabouts |
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40 | 40 | | 13cannot be determined by the person having care and custody of such child. |
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41 | 41 | | 14 Whoever, having care and custody of a child, fails to notify a law enforcement authority |
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42 | 42 | | 15or emergency medical personnel of the death of such child, accidental or otherwise, within 2 |
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43 | 43 | | 16hours of the discovery of such known death and (i) intends to mislead a public official, (ii) |
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44 | 44 | | 17intends to impede any investigation, or (iii) causes an investigation to be impeded, shall be |
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45 | 45 | | 18punished by a term of imprisonment in the state prison for not more than 10 years or |
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46 | 46 | | 19imprisonment in the house of correction for not more than 2 ½ years. |
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47 | 47 | | 20 Whoever, having care and custody of a child, finds the child missing and fails to notify a |
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48 | 48 | | 21law enforcement authority of the missing child within 5 days and (i) intends to mislead a public |
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49 | 49 | | 22official, (ii) intends to impede an investigation, or (iii) causes an investigation to be impeded, |
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50 | 50 | | 23shall be punished by a term of imprisonment in the state prison for not more than 10 years or |
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51 | 51 | | 24imprisonment in the house of correction for not more than 2 ½ years. |
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52 | 52 | | 25 SECTION 2. Section 13J of chapter 265 of the General Laws, as appearing in the 2020 |
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53 | 53 | | 26Official Edition, is hereby amended by striking out, in lines 32 and 33, the words “two and one- |
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54 | 54 | | 27half years in the house of correction” and inserting in place thereof the following words:- 10 |
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55 | 55 | | 28years in the state prison |
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56 | 56 | | 29 ; and is hereby further amended by striking out, in line 39, the words “five years” and |
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57 | 57 | | 30inserting in place thereof the following:- 15 years 3 of 3 |
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58 | 58 | | 31 ; and is hereby further amended by striking out, in lines 39 and 40, the words “in a jail or |
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59 | 59 | | 32house of correction for not more than two and one-half years” and inserting in the place thereof |
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60 | 60 | | 33the following:- for 10 years in the state prison. |
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