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Session Laws

1989

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CHAPTER 313 AN ACT FURTHER REGULATING THE PUNISHMENT FOR ASSAULT OR ASSAULT AND BATTERY MADE BY A PRISONER UPON EMPLOYEES OF JAILS, HOUSES OF CORRECTION OR CORRECTIONAL INSTITUTIONS OF THE COMMONWEALTH.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 127 of the General Laws is hereby amended by striking out section 38B, as appearing in the 1986 Official Edition, and inserting in place thereof the following section:-

Section 38B. A prisoner in any jail or house of correction, or in any correctional institution of the commonwealth who commits an assault or an assault and battery upon an officer, guard or other employee of any jail, house of correction or correctional institution or upon any duly authorized officer, guard or other employee of any such jail, house of correction or correctional institution engaged in the transportation of a prisoner for lawful reasons shall be punished by imprisonment in the state prison for not more than five years. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.

SECTION 2. Section 16 of chapter 268 of the General Laws, as so appearing, is hereby amended by inserting after the word "twenty-three A", in line 4, the words:- , or a prisoner committed to any jail or correctional institution under a lawful order of a court.

Approved July 27, 1989.