SENATE DOCKET, NO. 960        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 792

The Commonwealth of Massachusetts

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PRESENTED BY:

Viriato M. deMacedo

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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 prohibiting theft or embezzlement from nonprofits or charitable organizations.

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PETITION OF:

SENATE DOCKET, NO. 960        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 792

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1283 OF 2013-2014.]

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 prohibiting theft or embezzlement from nonprofits or charitable organizations.

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 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 59, the following section:-

Section 59A. For the purposes of this section the following words shall have the following meanings:-

(a)“Nonprofit association”, an entity which is organized as a nonprofit corporation or nonprofit  unincorporated association under the laws of the commonwealth or the United States or any entity which  is authorized to do business in the commonwealth as a nonprofit corporation or unincorporated association under the laws of the commonwealth.

“Charitable organization”, any person or entity whose purposes or actual operation are charitable in nature or one holding himself out to be a charitable organization in whole or in part, including any person or entity who in any manner employs a charitable appeal as the basis of any solicitation. 

(b)Whoever steals or with intent to defraud obtains by a false pretense, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the money, goods or property of a nonprofit association or charitable organization, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall, (1) if the value of the money, goods or property exceeds $250 and does not exceed $10,000, be punished by imprisonment in the state prison for no less than 30 days; (2) if the value of the money, goods or property exceeds $10,000 and does not exceed $50,000, be punished by imprisonment in the state prison for no less than 6 months; (3) if the value of the money, goods or property exceeds $50,000, be punished by imprisonment in the state for no less than 2 years. Upon release, an individual sentenced to a term of incarceration under this section shall be subject to a 2 year term of probation.

A person found guilty of violating this section shall, in addition to any other punishment, be ordered to make full restitution to the nonprofit association or charitable organization for the financial loss sustained as a result of the commission of the crime except as hereinafter provided. Restitution shall be imposed in addition to incarceration. The court shall order the defendant to make restitution within a reasonable period of time, provided that full restitution shall be made within 2 years from the date of conviction.

If a defendant who is required to make restitution defaults in any payment of restitution or installment thereof, the court may hold him in contempt unless said defendant has made a good faith effort to make restitution. If the defendant has made such good faith effort, the court may, upon motion of the defendant, modify the order requiring restitution by:

(a) providing for additional time to make any payment in restitution;

(b) providing a payment plan.

If the defendant has failed to make a good faith effort to pay restitution, the court may seize and liquidate properties and other assets owned by the defendant.

Restitution shall not be authorized to a party whom the court determines to be aggrieved, without such party’s consent.