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HOUSE DOCKET, NO. 1718 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1854
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 Suffolk1/15/2025 1 of 3
HOUSE DOCKET, NO. 1718 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1854
By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1854) 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-Fourth General Court
(2025-2026)
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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 266 of the General Laws, as so appearing in the 2022 Official
2Edition, is hereby amended by inserting after section 8 the following section: -
3 Section 8A. Any person who, as a result of or in the course of unlawfully and
4intentionally manufacturing a controlled substance as defined by section 31 of chapter 94C,
5causes a fire or explosion that causes personal injury, whether to such person himself or to other
6persons, or that causes damage to a dwelling house, as defined in section 1 of this chapter, a
7structure, a building, a motor vehicle, a boat or to any other conveyance, or to real property,
8whether such property is owned by such person or by another, or is apparently abandoned, shall
9be punished by imprisonment in the state prison for not more than ten years, or by imprisonment
10in a jail or house of correction for not more than two and one half years.
11 SECTION 2. Section 5 of Chapter 266 is hereby amended by adding as a second
12paragraph the following: - 2 of 3
13 Any person who, without authorization of the school administration, intentionally sets
14fire to, burns, or causes to be burned any property within any building or structure of an
15elementary or secondary school, a college or university, or on the grounds thereof, shall be
16punished by imprisonment in a jail or house of correction for not more than two and one half
17years.
18 SECTION 3. Section 7 of Chapter 266 is hereby amended by adding as a second
19paragraph the following: -
20 Whoever by wantonly or recklessly sets or uses fire or any incendiary or explosive device
21or material, including but not limited to fireworks, and causes danger to the property or safety of
22another shall be punished by a fine of not more than one thousand dollars or by imprisonment for
23not more than two years.
24 SECTION 4. Chapter 266 is hereby amended by striking out Section 8 as appearing in
25the 2012 Official Edition, and inserting in place thereof the following paragraph: -
26 Section 8. Whoever, without the consent of the owner, sets or increases a fire upon land
27of another whereby the property of another is injured, or whoever negligently or willfully suffers
28any fire, set upon his own land or upon land of another by consent of the owner, to extend
29beyond the limits thereof so to cause injury to the woods or property of another, if the cost to
30restore or replace the property damaged does not exceed $5,000, shall be punished by a fine of
31not more than one thousand dollars or by imprisonment for not more than two years; if the cost
32to restore or replace the property damaged equals or exceeds $5,000, such person shall be
33punished by imprisonment in the state prison for not more than five years, or by imprisonment in
34a jail or house of correction for not more than two and one half years. The town where such fire 3 of 3
35occurred may recover in an action of tort, brought within two years after the cause of action
36accrues, against any such person the expense of extinguishing such fire.