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2 | 2 | | HOUSE DOCKET, NO. 2417 FILED ON: 1/19/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1632 |
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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 | | David Paul Linsky |
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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 enhance safety and security in courthouses. |
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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:David Paul Linsky5th Middlesex1/19/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 2417 FILED ON: 1/19/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1632 |
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18 | 18 | | By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1632) of David |
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19 | 19 | | Paul Linsky for legislation to further regulate safety and security in courthouses. 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 to enhance safety and security in courthouses. |
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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, is hereby amended by inserting after |
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29 | 29 | | 2section 13D the following section: |
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30 | 30 | | 3 Section 13D1/4. Section 13D1/4. Whoever commits an assault or an assault and battery |
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31 | 31 | | 4in or on the property owned, leased or occupied by the Massachusetts judicial department or an |
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32 | 32 | | 5agency or committee thereof, including any trial or appellate court, during the time when the |
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33 | 33 | | 6courts are in session or open to the public may be punished by imprisonment in the state prison |
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34 | 34 | | 7for not more than three years or by imprisonment in a jail or house of correction for not more |
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35 | 35 | | 8than two and one-half years, or by a fine of not more than $25,000 or by both such fine and |
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36 | 36 | | 9imprisonment. |
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37 | 37 | | 10 Section 2: Section 13C of chapter 268 of the General Laws, added by St. 1971, c. 524, is |
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38 | 38 | | 11hereby amended by striking our the first sentence and inserting in its place the following:-- 2 of 2 |
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39 | 39 | | 12 Whoever causes or actively participates in the willful disruption of proceedings of any |
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40 | 40 | | 13court of the commonwealth may be punished by imprisonment in a jail or house of correction for |
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41 | 41 | | 14not more than two and one half years or in state prison for not more than three years, or by a fine |
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42 | 42 | | 15of not more than five thousand dollars, or by both such fine and imprisonment. Nothing in this |
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43 | 43 | | 16section shall interfere with or prevent the exercise by any court of the commonwealth of its |
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44 | 44 | | 17power of contempt. |
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45 | 45 | | 18 Section 3: Section 4 of chapter 275 of the General Laws is hereby amended by striking |
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46 | 46 | | 19out the first sentence and inserting in its place the following:-- |
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47 | 47 | | 20 If the person complained of is convicted, he may be punished by a fine of not more than |
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48 | 48 | | 21one hundred dollars or by imprisonment for not more than six months, provided that any threat to |
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49 | 49 | | 22cause bodily injury to a person on account of the person's performance of official duties as a |
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50 | 50 | | 23judge, employee of the judicial department, including but not limited to clerk magistrates, |
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51 | 51 | | 24probation officers, interpreters, stenographers, and court officers, prosecutors and attorneys may |
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52 | 52 | | 25be punished by imprisonment in a jail or house of correction for not more than two and one half |
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53 | 53 | | 26years or in state prison for not more than three years, or by a fine of not more than five thousand |
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54 | 54 | | 27dollars, or by both such fine and imprisonment. Nothing in this section shall interfere with or |
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55 | 55 | | 28prevent the exercise by any court of the commonwealth of its power of contempt. |
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