HOUSE DOCKET, NO. 791        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1430

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act protecting children from domestic violence..

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. Section 13A of chapter 265 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following subsection:--

(d) Whoever commits an assault or an assault and battery upon another within a dwelling and in the presence of a child under 16 years of age shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2½  years, or by a fine of not more than $5,000, or by both such fine and imprisonment.  Furthermore, the law enforcement agency filing the charges shall provide the department of social services, as established in chapter 18B, with a notice of the charges, to be used at the department’s discretion.