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