SECTION 1: Section 13D of Chapter 265 of the General Laws is hereby amended by striking out the words: “shall be punished by imprisonment in the house of correction for not less than 90 days nor more than 2 and one-half years” and inserting in place thereof the following words “shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison”
SECTION 2: Section 13D of Chapter 265 of the General Laws is hereby amended by inserting after the first paragraph the following paragraph: “For the purposes of this section, “bodily substance” shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.”
SECTION 3: Section 13D of Chapter 265 of the General Laws is hereby amended by inserting after the second paragraph: Whoever commits an assault or an assault and battery by means of a bodily substance on any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison or by a fine of not less than $500 nor more than $5,000, or both.
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