SENATE DOCKET, NO. 1860        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 946

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative to Gang 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   Chapter 265 of the General Laws is hereby amended by inserting after section 13L the following section:-

Section 13M. For the purposes of this section, the following words shall have the following meanings:—

“Gang assault and battery”, assault and battery when aided by three or more persons actually present.

“Serious bodily injury”, bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.

(a) Whoever commits a gang assault and battery upon another person and by such assault and battery causes bodily injury shall be punished by imprisonment punished by imprisonment in a house of correction for not more than 3 years, or by a fine of not more than $2,500, or both such fine and imprisonment.

(b) Whoever commits a gang assault and battery upon another person and by such assault and battery causes serious bodily injury shall be punished by imprisonment punished by imprisonment in a house of correction for not more than 5 years, or by a fine of not more than $5000, or both such fine and imprisonment.