Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Section 13F of chapter 265 of the General Laws is hereby amended by adding the following paragraph:-
Whoever commits an assault and battery on a mentally retarded person knowing such person to be mentally retarded shall for the first offense be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years; and, for a second or subsequent offense, by imprisonment in the state prison for not more than ten years. This section shall not apply to the commission of an assault and battery by a mentally retarded person upon another mentally retarded person.