HOUSE DOCKET, NO. 2982        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1206

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul Brodeur

_________________

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 to protect property of elder or disabled persons.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Paul Brodeur

32nd Middlesex

1/16/2015

Chris Walsh

6th Middlesex

1/16/2015

Marian T. Ryan, Middlesex District Attorney

15 Commonwealth Avenue Woburn, MA 01801

1/16/2015

RoseLee Vincent

16th Suffolk

9/13/2019

Steven S. Howitt

4th Bristol

9/13/2019

David M. Rogers

24th Middlesex

9/13/2019

Jay R. Kaufman

15th Middlesex

9/13/2019

James Arciero

2nd Middlesex

2/4/2015

Cory Atkins

14th Middlesex

2/4/2015

Gailanne M. Cariddi

1st Berkshire

2/4/2015

Marcos A. Devers

16th Essex

2/3/2015

Sal N. DiDomenico

Middlesex and Suffolk

2/4/2015

James J. Dwyer

30th Middlesex

2/4/2015

Ann-Margaret Ferrante

5th Essex

2/4/2015

Colleen M. Garry

36th Middlesex

2/4/2015

Carmine L. Gentile

13th Middlesex

2/4/2015

Paul R. Heroux

2nd Bristol

2/4/2015

Kevin J. Kuros

8th Worcester

2/4/2015

Jay D. Livingstone

8th Suffolk

2/3/2015

Joseph W. McGonagle, Jr.

28th Middlesex

2/4/2015

Joseph D. McKenna

18th Worcester

2/4/2015

James M. Murphy

4th Norfolk

2/4/2015

Keiko M. Orrall

12th Bristol

2/4/2015

Daniel J. Ryan

2nd Suffolk

2/4/2015

John W. Scibak

2nd Hampshire

2/4/2015

Benjamin Swan

11th Hampden

2/3/2015


HOUSE DOCKET, NO. 2982        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1206

By Mr. Brodeur of Melrose, a petition (accompanied by bill, House, No. 1206) of Paul Brodeur and others relative to penalties for property crimes against elderly or disabled persons.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act to protect property of elder or disabled persons.

 

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:  Chapter 266, Section 30 is amended by adding subsection (6), as follows:

(6) Whoever, without consent of the owner, obtains possession or control over the property of another, sixty years of age or older, or of a person with a disability as defined in section thirteen K of chapter two hundred and sixty-five, if the value of such property exceeds one thousand dollars, shall be guilty of unlawful possession of property, and shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years, or by a fine of not more than twenty-five thousand dollars or by both such fine and imprisonment; if the property is an interest in real estate, whoever is guilty of unlawful possession of property shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by a fine of not more than fifty thousand dollars or by both such fine and imprisonment, and shall restore or forfeit such interest in real estate to the owner.  The court may order, regardless of the value of the property, restitution to be paid to the victim commensurate with the value of the property.  If there is a caretaker as defined in section thirteen K of chapter two hundred and sixty-five for the person who is the owner, the consent of the owner shall not be deemed voluntary and lawful to convey the property unless witnessed in writing by the caretaker.  A caretaker may not witness the consent of the owner if the caretaker intends to receive or does receive any interest in the property conveyed or any other benefit as witness.