HOUSE DOCKET, NO. 2014        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1649

The Commonwealth of Massachusetts

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PRESENTED BY:

David T. Vieira

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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 swatting.

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PETITION OF:

HOUSE DOCKET, NO. 2014        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1649

The Commonwealth of Massachusetts

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

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An Act relative to swatting.

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

Section 14B of chapter 269 of the General Laws is hereby amended by inserting after paragraph (b) the following:

(c) Whoever willfully and maliciously communicates with a PSAP or police officer, or causes a communication to be made to a PSAP or police officer, which communication transmits information which the person knows or has reason to know is false and which results in the dispatch of emergency services to a nonexistent emergency, with the intent to annoy or harass another person and if police are dispatched as a result of the telephone call, shall be punished by imprisonment in the house of correction for not more than 2 ½ years, or by a fine of not more than $2,500, or by both such  fine and imprisonment. Whoever commits a second or subsequent violation of this section shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $7,500, or by both such fine and imprisonment.

(d) Whoever willfully and maliciously communicates with a PSAP or police officer, or causes a communication to be made to a PSAP or police officer, which communication transmits information which the person knows or has reason to know is false and which results in the dispatch of emergency services to a nonexistent emergency, with the intent to annoy or harass another person and if police are dispatched and any person sustains bodily injury as a result of conduct arising out of and in the course of the police being dispatched to the residence or place of business, shall be punished by imprisonment in the house of correction for not more than 2 ½ years, or by imprisonment in the state prison for not more than 5 years, by a fine of not more than $5,000 or by both such fine and imprisonment. Whoever commits a second or subsequent violation of this section shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

(e) Whoever willfully and maliciously communicates with a PSAP or police officer, or causes a communication to be made to a PSAP or police officer, which communication transmits information which the person knows or has reason to know is false and which results in the dispatch of emergency services to a nonexistent emergency, with the intent to annoy or harass another person and if police are dispatched and any person sustained death as a result of conduct arising out of and in the course of the police being dispatched to the residence or place of business, is guilty of  manslaughter punishable under Chapter  265 Section 13

(h) This section shall not apply to telephone calls made in good faith.