HOUSE DOCKET, NO. 2042        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1623

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Benjamin Swan

_________________

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 decriminalizing non-violent and verbal student misconduct.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Benjamin Swan

11th Hampden

1/15/2015

Mental Health Legal Advisors Committee

24 School Street, 8th Floor Boston, MA  02130

1/15/2015

Marjorie C. Decker

25th Middlesex

9/26/2019

Jose F. Tosado

9th Hampden

9/26/2019

Ruth B. Balser

12th Middlesex

9/26/2019

Jason M. Lewis

Fifth Middlesex

9/26/2019

Aaron Vega

5th Hampden

9/26/2019

Paul R. Heroux

2nd Bristol

9/26/2019

John V. Fernandes

10th Worcester

9/26/2019

James J. O'Day

14th Worcester

9/26/2019

Gloria L. Fox

7th Suffolk

9/26/2019

Tom Sannicandro

7th Middlesex

9/26/2019

Carolyn C. Dykema

8th Middlesex

9/26/2019

Kay Khan

11th Middlesex

9/26/2019

Jonathan Hecht

29th Middlesex

9/26/2019

Kenneth I. Gordon

21st Middlesex

9/26/2019

Louis L. Kafka

8th Norfolk

9/26/2019

Mary S. Keefe

15th Worcester

9/26/2019

Carlos Gonzalez

10th Hampden

9/26/2019

Elizabeth A. Malia

11th Suffolk

9/26/2019


HOUSE DOCKET, NO. 2042        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1623

By Mr. Swan of Springfield, a petition (accompanied by bill, House, No. 1623) of Benjamin Swan and others for legislation to decriminalize certain non-violent demonstrations by students.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4132 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act decriminalizing non-violent and verbal student misconduct.

 

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 272 of the General Laws is amended by striking out section 40, as

appearing in the 2010 Official Edition, and inserting in place thereof the following section:

Section 40. Disturbance of assemblies.

Whoever wilfully interrupts or disturbs an assembly of people met for a lawful purpose shall be punished by imprisonment for not more than one month or by a fine of not more than fifty dollars; provided, however, that K-12 students shall not be charged, adjudicated, or convicted for alleged violation of this provision due to conduct within school buildings or grounds or in the course of school-related events. Whoever, within one year after being twice convicted of a violation of this section, again violates the provisions of this section shall be punished by imprisonment for one month, and the sentence imposing such imprisonment shall not be suspended.

SECTION 2.  Chapter 272 is hereby further amended by striking out subsection (b) of

section 53, as appearing in the 2010 Official Edition, and inserting in place thereof the following

subsection:

(b) Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment, provided, however, that an elementary or secondary school student shall not be charged, adjudicated, or convicted for alleged violation of this provision due to conduct within school buildings or grounds or in the course of school-related events.