Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1636 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3588 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1636
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kate Lipper-Garabedian
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act providing protection from child enticement.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/20/2023Marian T. Ryan, Middlesex County
16	16	District Attorney
17	17	151 Warren St, Lowell, MA 018521/20/2023Carol A. Doherty3rd Bristol2/9/2023 1 of 2
18	18	HOUSE DOCKET, NO. 3588 FILED ON: 1/20/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 1636
20	20	By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
21	21	1636) of Kate Lipper-Garabedian, Marian T. Ryan, Middlesex County District Attorney and
22	22	Carol A. Doherty relative to providing protection from child enticement. The Judiciary.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 1745 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act providing protection from child enticement.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 26C of chapter 265 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by inserting after subsection (b), a new subsection (c) as
35	35	3follows:
36	36	4 (c) No person, by any means and without privilege to do so, shall knowingly entice any
37	37	5child under the age of 16, or someone he believes to be a child under the age of 16, to enter into
38	38	6any vehicle, if:
39	39	7 (1) The person does not have the express or implied permission of the parent, guardian,
40	40	8or other legal custodian of the child in undertaking the activity; and 2 of 2
41	41	9 (2) (i) The person is not a law enforcement officer, emergency services provider as
42	42	10defined in section 71-507, firefighter, or other person who regularly provides emergency
43	43	11services, is not the operator of a bookmobile or other such vehicle operated by the state or a
44	44	12political subdivision and used for informing, educating, organizing, or transporting children, is
45	45	13not a paid employee of, or a volunteer for, a nonprofit or religious organization which provides
46	46	14activities for children, and is not an employee or agent of or a volunteer acting under the
47	47	15direction of any board of education or (ii) the person is a person listed in subdivision (c)(2)(i) of
48	48	16this section but, at the time the person undertakes the activity, he or she is not acting within the
49	49	17scope of his or her lawful duties in that capacity.
50	50	18 (3) It is an affirmative defense to a charge under this subsection (c) that the person
51	51	19undertook the activity in response to a bona fide emergency situation or that the person
52	52	20undertook the activity in response to a reasonable belief that it was necessary to preserve the
53	53	21health, safety, or welfare of the child.
54	54	22 (4) Any person who violates this subsection (c) shall be punished by imprisonment in the
55	55	23state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years,
56	56	24or by both imprisonment and a fine of not more than $5,000