HOUSE DOCKET, NO. 1877        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1323

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael F. Kane

_________________

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 the theft of bulk merchandise containers.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Michael F. Kane

5th Hampden

1/20/2011

Angelo J. Puppolo, Jr.

12th Hampden

2/3/2011

Sal N. DiDomenico

Middlesex and Suffolk

2/3/2011

Colleen M. Garry

36th Middlesex

2/3/2011


HOUSE DOCKET, NO. 1877        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1323

By Mr. Kane of Holyoke, a petition (accompanied by bill, House, No. 1323) of Michael F. Kane and others relative to the penalties assessed for the theft of produce bulk merchandise containers.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1469 OF 2009-2010.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to the theft of bulk merchandise containers.

 

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

Chapter 266 of the General Laws, as appearing, is hereby amended in section 128, by adding at the end of the first paragraph the following new paragraph:

“Any person who intentionally removes a bulk merchandise container that is used by a product producer, distributor or retailer or agent thereof which is used as a means for the bulk transportation, storage or carrying of retail products such as milk, eggs, bottled beverage products, bakery products from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such container; shall be punished for a first offense by a fine not to exceed one hundred dollars, for a second offense by a fine of not less than one hundred nor more than two hundred fifty dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than six months, or by both such fine and imprisonment.  Where the retail value of the containers obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than one year, or by both such fine and imprisonment.”