SENATE DOCKET, NO. 1387        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 842

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Patricia D. Jehlen

_________________

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:

Patricia D. Jehlen

Second Middlesex

Marjorie C. Decker

25th Middlesex

Jose F. Tosado

9th Hampden

Ruth B. Balser

12th Middlesex

Benjamin Swan

11th Hampden

Jason M. Lewis

Fifth Middlesex

Mary S. Keefe

15th Worcester

Keiko M. Orrall

12th Bristol

Paul R. Heroux

2nd Bristol

John V. Fernandes

10th Worcester

John F. Keenan

Norfolk and Plymouth

Eileen M. Donoghue

First Middlesex

James B. Eldridge

Middlesex and Worcester

James J. O'Day

14th Worcester

Gloria L. Fox

7th Suffolk

Carolyn C. Dykema

8th Middlesex

Leah Cole

12th Essex

Chris Walsh

6th Middlesex

Kay Khan

11th Middlesex


SENATE DOCKET, NO. 1387        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 842

By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 842) of Patricia D. Jehlen, Marjorie C. Decker, Jose F. Tosado, Ruth B. Balser and other members of the General Court for legislation to decriminalize non-violent and verbal student misconduct.  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 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. 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.