Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S996 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 459 FILED ON: 1/16/2023
3	3	SENATE . . . . . . . . . . . . . . No. 996
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 to reform the hate crime statutes.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampden 1 of 6
16	16	SENATE DOCKET, NO. 459 FILED ON: 1/16/2023
17	17	SENATE . . . . . . . . . . . . . . No. 996
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 996) of Adam Gomez for legislation
19	19	to reform the hate crime statutes. 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 to reform the hate crime statutes.
26	26	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
27	27	reform existing statutes pertaining to hate crimes, therefore it is hereby declared to be an
28	28	emergency law, necessary for the immediate preservation of the public safety.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 222 of chapter 6 of the General Laws, as amended by chapter 30 of
32	32	2the Acts of 2021, is hereby amended by inserting, in line XX, after the words “section 39 of
33	33	3chapter 265” the words:- (vi) identify and recommend best practices for hate crime prevention,
34	34	4restorative justice programs, culturally competent outreach and reporting mechanisms, and data
35	35	5collection for both adults and juveniles, including those that can be implemented by police,
36	36	6prosecutors, judges, school officials, state agencies, community groups and others;
37	37	7 SECTION 2. Said section 222 of said chapter 6 is hereby further amended by striking, in
38	38	8line XX, the number “(vi)” and replacing it with:- (vii)
39	39	9 SECTION 3. Chapter 22C of the General Laws as appearing in the 2020 Official Edition
40	40	10is hereby amended by striking section 33 and replacing it with the following section:- 2 of 6
41	41	11 (a) The crime reporting unit shall quarterly obtain hate crime data from state, local, and
42	42	12campus police, and other law enforcement agencies as well as hate crime information and reports
43	43	13voluntarily produced by non law-enforcement entities such as community groups, advocacy
44	44	14groups, and civil rights agencies. All police departments and law enforcement agencies shall
45	45	15submit reports of hate crimes to the unit.
46	46	16 (b) The colonel shall promulgate regulations to standardize and centralize the submission
47	47	17and collection of hate crime data. Said regulations shall include, but not be limited to, the
48	48	18following: (1) establishment of a central repository for the collection and analysis of hate crime
49	49	19data and, upon the establishment of such repository, the crime reporting unit shall be responsible
50	50	20for collecting, analyzing, classifying and reporting such data, and shall maintain this information
51	51	21in the central repository; (2) procedures necessary to ensure effective data-gathering and
52	52	22preservation and protection of confidential information, and the disclosure of information in
53	53	23accordance with section thirty-five; (3) procedures for the solicitation, submission and
54	54	24acceptance of hate crime incident reports and the information to be included in such reports by
55	55	25law enforcement agencies, which shall include, but not be limited to, the demographic
56	56	26information of the alleged offender(s), the perceived protected characteristic(s) for which the
57	57	27victim(s) was targeted, and the actual protected characteristic(s) of the victim(s), if provided by
58	58	28the victim(s); (4) procedures for assessing the credibility and accuracy of reports of hate crime
59	59	29data from law enforcement agencies; and (5) procedures for the collection of hate crime
60	60	30information and reports voluntarily produced by non law-enforcement entities such as
61	61	31community groups, advocacy groups, and civil rights agencies.
62	62	32 SECTION 4. Section 34 of said chapter 22C, as so appearing, is hereby amended by
63	63	33inserting after the word “shall” in line XX, the following words:- quarterly and annually. 3 of 6
64	64	34 SECTION 5. Chapter 265 of the General Laws is hereby amended by striking section 37.
65	65	35 SECTION 6. Said chapter 265, as so appearing, is hereby further amended, by striking
66	66	36section 39 and replacing it with the following section:-
67	67	37 Section 39. (a) For the purposes of this section, the following words shall have the
68	68	38following meanings: --
69	69	39 “Because of”, conduct would not have happened but for the actual or perceived protected
70	70	40characteristic(s), as defined in this section, of any person or group, regardless of the presence or
71	71	41absence of other motivating factors. The actual or perceived protected characteristic(s) need not
72	72	42be a substantial, predominant, or the sole reason for the conduct.
73	73	43 “Bodily injury”, substantial impairment of the physical condition, including, but not
74	74	44limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or
75	75	45injury which occurs as the result of harm to any bodily function or organ, including human skin.
76	76	46 “Free exercise or enjoyment of any right or privilege secured by the constitution or laws
77	77	47of the Commonwealth or by the constitution or laws of the United States”, any recognized right
78	78	48protected by the Constitution or laws of Massachusetts or the United States, including those
79	79	49protected by statute, the common law, and regulations. A person need not be completely
80	80	50prevented from exercising a right for that right to have been infringed upon.
81	81	51 “Harasses”, willfully and maliciously engages in a knowing pattern of conduct or a series
82	82	52of acts over a period of time, directed at a specific person, which seriously alarms that person
83	83	53and would cause a reasonable person to suffer substantial emotional distress, and that conduct is
84	84	54not otherwise protected by law. Harassment includes, but is not limited to, conduct or acts 4 of 6
85	85	55conducted by mail or by use of a telephonic or telecommunication device or electronic
86	86	56communication device including, but not limited to, any device that transfers signs, signals,
87	87	57writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a
88	88	58wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited
89	89	59to, electronic mail, internet communications, instant messages or facsimile communications.
90	90	60 “Protected characteristic”, the race, color, religion, national origin, ethnicity, immigration
91	91	61status, sex, sexual orientation, gender, gender identity, gender expression, or disability, of any
92	92	62person or group.
93	93	63 “Threatens”, threatening to commit a crime against the person or property of another,
94	94	64presently or in the future, whether the threat is delivered to the purported target of the threatened
95	95	65injury or to a third party.
96	96	66 (b) No person, whether or not acting under color of law, shall by force or threat of force,
97	97	67willfully injure, intimidate, or interfere with, or attempt to injure, intimidate or interfere with, or
98	98	68oppress or threaten any other person in the free exercise or enjoyment of any right or privilege
99	99	69secured to them by the constitution or laws of the commonwealth or by the constitution or laws
100	100	70of the United States. Any person convicted of violating this provision shall be fined not more
101	101	71than one thousand dollars or imprisoned not more than one year or both; and if bodily injury
102	102	72results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for
103	103	73not more than ten years, or both.
104	104	74 (c) Whoever willfully threatens, harasses or assaults any other person because of the
105	105	75actual or perceived protected characteristic of any person or group, shall be punished by a fine of 5 of 6
106	106	76not more than five thousand dollars or by imprisonment in a house of correction for not more
107	107	77than two and one-half years, or by both such fine and imprisonment.
108	108	78 (d) Whoever violates subsection (c) during the commission of a battery shall be punished
109	109	79by a fine of not more than five thousand dollars or by imprisonment in the state prison for not
110	110	80more than five years or in the house of correction for not more than two and one-half years, or by
111	111	81both such fine and imprisonment; and if bodily injury results, shall be punished by a fine of not
112	112	82more than ten thousand dollars or by imprisonment in state prison for not more than five years,
113	113	83or by both such fine and imprisonment.
114	114	84 (e) Whoever damages, converts, or takes and carries away real or personal property of
115	115	85another with the intent to intimidate, threaten or harass a person because of that person’s
116	116	86protected characteristic, shall be punished by a fine of not more than five thousand dollars or
117	117	87imprisonment in a house of correction for not more than two and one-half years, or by both such
118	118	88fine and imprisonment. The court may also order restitution to the victim in any amount up to
119	119	89three times the value of property damage sustained by the owners of such property; provided,
120	120	90however if restitution is ordered under the provisions of this section such restitution shall be used
121	121	91to repair the damage done to the property.
122	122	92 (f) Whoever violates subsection (c) or subsection (d) or subsection (e) while using a
123	123	93dangerous weapon shall be punished by imprisonment in the state prison for not more than ten
124	124	94years or in the house of correction for not more than two and one-half years, or by both such fine
125	125	95and imprisonment. 6 of 6
126	126	96 (g) Whoever is convicted of a second or subsequent offense of violating subsection (d)
127	127	97while using a dangerous weapon and which results in bodily injury shall be punished by
128	128	98imprisonment in the state prison for no more than 20 years.
129	129	99 (h) Whoever conspires with another person to violate any provision of this section shall
130	130	100be punished by imprisonment or fine, or both; provided, however punishment shall not exceed
131	131	101the maximum punishment prescribed for the offense, the commission of which was the object of
132	132	102the conspiracy.
133	133	103 (i) An act done with specific intent to commit an offense under this section that amounts
134	134	104to more than mere preparation, even though failing to effect its commission, shall be an attempt
135	135	105to commit that offense and shall be punished by imprisonment or fine, or both; provided
136	136	106however, punishment shall not exceed the maximum punishment prescribed for the offense.
137	137	107 (j) Where appropriate, actions arising out of subsections (c) through (i) inclusive, shall be
138	138	108eligible for community-based restorative justice program pursuant to chapter 276B, or for
139	139	109participation in a community-based restorative justice program as a term of probation or as
140	140	110otherwise ordered by the court.
141	141	111 SECTION 7. Section 3 of chapter 276B is hereby amended by adding at the end thereof
142	142	112the following:- Notwithstanding the preceding, any person charged pursuant to section 39 of
143	143	113chapter
144	144	114 265 shall be eligible to participate in a community-based restorative justice program.
145	145	115 SECTION 8. This act shall take effect upon passage.