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2 | 2 | | HOUSE DOCKET, NO. 1718 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1854 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Jay D. Livingstone |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to fires and explosions. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/15/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 1718 FILED ON: 1/15/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1854 |
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18 | 18 | | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1854) of |
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19 | 19 | | Jay D. Livingstone relative to the penalties for causing fires and explosions. The Judiciary. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to fires and explosions. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Chapter 266 of the General Laws, as so appearing in the 2022 Official |
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29 | 29 | | 2Edition, is hereby amended by inserting after section 8 the following section: - |
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30 | 30 | | 3 Section 8A. Any person who, as a result of or in the course of unlawfully and |
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31 | 31 | | 4intentionally manufacturing a controlled substance as defined by section 31 of chapter 94C, |
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32 | 32 | | 5causes a fire or explosion that causes personal injury, whether to such person himself or to other |
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33 | 33 | | 6persons, or that causes damage to a dwelling house, as defined in section 1 of this chapter, a |
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34 | 34 | | 7structure, a building, a motor vehicle, a boat or to any other conveyance, or to real property, |
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35 | 35 | | 8whether such property is owned by such person or by another, or is apparently abandoned, shall |
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36 | 36 | | 9be punished by imprisonment in the state prison for not more than ten years, or by imprisonment |
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37 | 37 | | 10in a jail or house of correction for not more than two and one half years. |
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38 | 38 | | 11 SECTION 2. Section 5 of Chapter 266 is hereby amended by adding as a second |
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39 | 39 | | 12paragraph the following: - 2 of 3 |
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40 | 40 | | 13 Any person who, without authorization of the school administration, intentionally sets |
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41 | 41 | | 14fire to, burns, or causes to be burned any property within any building or structure of an |
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42 | 42 | | 15elementary or secondary school, a college or university, or on the grounds thereof, shall be |
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43 | 43 | | 16punished by imprisonment in a jail or house of correction for not more than two and one half |
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44 | 44 | | 17years. |
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45 | 45 | | 18 SECTION 3. Section 7 of Chapter 266 is hereby amended by adding as a second |
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46 | 46 | | 19paragraph the following: - |
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47 | 47 | | 20 Whoever by wantonly or recklessly sets or uses fire or any incendiary or explosive device |
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48 | 48 | | 21or material, including but not limited to fireworks, and causes danger to the property or safety of |
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49 | 49 | | 22another shall be punished by a fine of not more than one thousand dollars or by imprisonment for |
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50 | 50 | | 23not more than two years. |
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51 | 51 | | 24 SECTION 4. Chapter 266 is hereby amended by striking out Section 8 as appearing in |
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52 | 52 | | 25the 2012 Official Edition, and inserting in place thereof the following paragraph: - |
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53 | 53 | | 26 Section 8. Whoever, without the consent of the owner, sets or increases a fire upon land |
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54 | 54 | | 27of another whereby the property of another is injured, or whoever negligently or willfully suffers |
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55 | 55 | | 28any fire, set upon his own land or upon land of another by consent of the owner, to extend |
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56 | 56 | | 29beyond the limits thereof so to cause injury to the woods or property of another, if the cost to |
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57 | 57 | | 30restore or replace the property damaged does not exceed $5,000, shall be punished by a fine of |
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58 | 58 | | 31not more than one thousand dollars or by imprisonment for not more than two years; if the cost |
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59 | 59 | | 32to restore or replace the property damaged equals or exceeds $5,000, such person shall be |
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60 | 60 | | 33punished by imprisonment in the state prison for not more than five years, or by imprisonment in |
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61 | 61 | | 34a jail or house of correction for not more than two and one half years. The town where such fire 3 of 3 |
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62 | 62 | | 35occurred may recover in an action of tort, brought within two years after the cause of action |
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63 | 63 | | 36accrues, against any such person the expense of extinguishing such fire. |
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