Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1647 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. 2384 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1647
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone
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 relative to fires and explosions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/19/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2384 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1647
18	18	By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1647) of
19	19	Jay D. Livingstone relative to the penalties for causing fires and explosions. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to fires and explosions.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 265 is hereby amended by adding after Section 13D½ the
29	29	2following section: -
30	30	3 Section 13D¾. Whoever wantonly or recklessly sets or uses a fire or fireworks or
31	31	4pyrotechnic or any incendiary or explosive device or material, as those terms are defined in
32	32	5section 39 of chapter 148 and/or section 101 of chapter 266, and thereby causes injury to the
33	33	6person of another shall be punished by a fine of not more than one thousand dollars or by
34	34	7imprisonment for not more than two years.
35	35	8 Any person who, as a result of or in the course of unlawfully and intentionally
36	36	9manufacturing a controlled substance as defined by section 31 of chapter 94C, or any substance
37	37	10or product derived therefrom, causes a fire or explosion that causes personal injury, whether to
38	38	11themselves or to other persons, shall be punished by imprisonment in the state prison for not 2 of 3
39	39	12more than ten years, or by imprisonment in a jail or house of correction for not more than two
40	40	13and one half years.
41	41	14 SECTION 2. Section 2 of Chapter 266 is hereby amended by adding as a second
42	42	15paragraph the following: -
43	43	16 Any person who, without authorization of the school administration, intentionally sets
44	44	17fire to, burns, or causes to be burned any property, whether of himself or another, within any
45	45	18building or structure of a school or educational institution (including but not limited to any
46	46	19elementary school, secondary school, college, or university), whether such institution is public or
47	47	20private and whether or not such institution is currently in session or not, or on the grounds
48	48	21thereof, shall be punished by imprisonment in a jail or house of correction for not more than two
49	49	22and one half years.
50	50	23 SECTION 3. Chapter 266 is hereby amended by striking out Section 8 as appearing in
51	51	24the 2014 Official Edition, and inserting in place thereof the following paragraph: -
52	52	25 Section 8. Whoever, without the consent of the owner, sets or increases a fire upon the
53	53	26land of another whereby the woods or property of another is injured, or whoever negligently or
54	54	27wilfully suffers any fire, set upon his own land or upon the land of another by consent of the
55	55	28owner, to extend beyond the limits thereof so as to cause injury to the woods or property of
56	56	29another, if the cost to restore or replace the property injured is less than $5,000, shall be punished
57	57	30by a fine of not more than one thousand dollars or by imprisonment for not more than two years;
58	58	31if the cost to restore or replace the property injured equals or exceeds $5,000, such person shall
59	59	32be punished by imprisonment in the state prison for not more than five years, or by imprisonment
60	60	33in a jail or house of correction for not more than two and one half years. The town where such 3 of 3
61	61	34fire occurred may recover the expense of extinguishing such fire in an action of tort, brought
62	62	35within two years after the cause of action accrues, against any such person.
63	63	36 SECTION 4. Chapter 266 is hereby amended by adding after Section 8 the following
64	64	37section: -
65	65	38 Section 8A. Any person who, as a result of or in the course of unlawfully and
66	66	39intentionally manufacturing a controlled substance as defined by section 31 of chapter 94C, or
67	67	40any substance or product derived therefrom, causes a fire or explosion that causes injury to a
68	68	41dwelling house (as defined in section 1 of this chapter), structure, building or real property, or
69	69	42that causes injury to a motor vehicle, boat or other conveyance, whether such property is owned
70	70	43by such person or by another, or is apparently abandoned, shall be punished by imprisonment in
71	71	44the state prison for not more than ten years, or by imprisonment in a jail or house of correction
72	72	45for not more than two and one half years.
73	73	46 SECTION 5. Section 102B of Chapter 266 is hereby amended by adding as a second
74	74	47paragraph the following: -
75	75	48 Whoever wantonly or recklessly sets or uses a fire or fireworks or pyrotechnic or any
76	76	49incendiary or explosive device or material, as those terms are defined in section 39 of chapter
77	77	50148 and/or section 101 of chapter 266, and thereby causes injury to the property of another shall
78	78	51be punished by a fine of not more than one thousand dollars or by imprisonment for not more
79	79	52than two years.