Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1854 Compare Versions

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22 HOUSE DOCKET, NO. 1718 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1854
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jay D. Livingstone
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to fires and explosions.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/15/2025 1 of 3
1616 HOUSE DOCKET, NO. 1718 FILED ON: 1/15/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1854
1818 By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1854) of
1919 Jay D. Livingstone relative to the penalties for causing fires and explosions. The Judiciary.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act relative to fires and explosions.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Chapter 266 of the General Laws, as so appearing in the 2022 Official
2929 2Edition, is hereby amended by inserting after section 8 the following section: -
3030 3 Section 8A. Any person who, as a result of or in the course of unlawfully and
3131 4intentionally manufacturing a controlled substance as defined by section 31 of chapter 94C,
3232 5causes a fire or explosion that causes personal injury, whether to such person himself or to other
3333 6persons, or that causes damage to a dwelling house, as defined in section 1 of this chapter, a
3434 7structure, a building, a motor vehicle, a boat or to any other conveyance, or to real property,
3535 8whether such property is owned by such person or by another, or is apparently abandoned, shall
3636 9be punished by imprisonment in the state prison for not more than ten years, or by imprisonment
3737 10in a jail or house of correction for not more than two and one half years.
3838 11 SECTION 2. Section 5 of Chapter 266 is hereby amended by adding as a second
3939 12paragraph the following: - 2 of 3
4040 13 Any person who, without authorization of the school administration, intentionally sets
4141 14fire to, burns, or causes to be burned any property within any building or structure of an
4242 15elementary or secondary school, a college or university, or on the grounds thereof, shall be
4343 16punished by imprisonment in a jail or house of correction for not more than two and one half
4444 17years.
4545 18 SECTION 3. Section 7 of Chapter 266 is hereby amended by adding as a second
4646 19paragraph the following: -
4747 20 Whoever by wantonly or recklessly sets or uses fire or any incendiary or explosive device
4848 21or material, including but not limited to fireworks, and causes danger to the property or safety of
4949 22another shall be punished by a fine of not more than one thousand dollars or by imprisonment for
5050 23not more than two years.
5151 24 SECTION 4. Chapter 266 is hereby amended by striking out Section 8 as appearing in
5252 25the 2012 Official Edition, and inserting in place thereof the following paragraph: -
5353 26 Section 8. Whoever, without the consent of the owner, sets or increases a fire upon land
5454 27of another whereby the property of another is injured, or whoever negligently or willfully suffers
5555 28any fire, set upon his own land or upon land of another by consent of the owner, to extend
5656 29beyond the limits thereof so to cause injury to the woods or property of another, if the cost to
5757 30restore or replace the property damaged does not exceed $5,000, shall be punished by a fine of
5858 31not more than one thousand dollars or by imprisonment for not more than two years; if the cost
5959 32to restore or replace the property damaged equals or exceeds $5,000, such person shall be
6060 33punished by imprisonment in the state prison for not more than five years, or by imprisonment in
6161 34a jail or house of correction for not more than two and one half years. The town where such fire 3 of 3
6262 35occurred may recover in an action of tort, brought within two years after the cause of action
6363 36accrues, against any such person the expense of extinguishing such fire.