HOUSE DOCKET, NO. 4495        FILED ON: 9/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Timothy R. Whelan

_________________

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 safety at public events.

_______________

PETITION OF:

HOUSE DOCKET, NO. 4495        FILED ON: 9/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act relative to safety at public events.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 268 of the general laws is hereby amended by striking out section 34, as so appearing in the 2018 Official Edition, and inserting in place thereof the following section: -

(a)  Whoever willfully disguises themselves in a manner including but not limited to concealing their facial features by wearing any face-covering, mask or other disguise with the intent to shield their identity while in the act of obstructing, preventing or interfering with an officer or other law enforcement from the lawful performance of their duty, or prevents, intimidates or harasses another person in the exercise of their constitutional rights as guaranteed by the United States Constitution, the Massachusetts Declaration of Rights, or the laws of the commonwealth whether such intent is effected or not shall be punished by a fine of $500 or up to 1 year imprisonment in the house of correction or both.

(b)  Whoever willfully disguises themselves at any public event in a manner including but not limited to concealing their facial features by wearing any face-covering, mask or other disguise with the intent to shield their identity while in the act of obstructing, preventing, or interfering with an officer or other law enforcement official from the lawful performance of their duty, or prevents, intimidates, or harasses another person in the exercise of their constitutional rights as guaranteed by the United States Constitution, the Massachusetts Declaration of Rights, or the laws of the Commonwealth, whether such intent is effected or not, shall be punished by a fine of $1,000 or up to 1 year imprisonment in the house of correction or both.

(c) Whoever willfully commits any act of violence, as described in any section of Chapter 265 or Chapter 268 of the General Laws, against another person at any public event while wearing any covering, mask, or other disguise that conceals their facial features with the intent to shield their identity shall be punished by a fine of up to $1500, or up to one and one-half years imprisonment in the House of Correction or both.

(d) Whoever willfully commits any act of violence, as described in any section of Chapter 265 or Chapter 268 of the General Laws, against any sworn police officer, firefighter, or other first responder at any public event while wearing any covering, mask or other disguise that conceals their facial features with the intent to shield their identity shall be punished by a fine of up to $2,000, or up to 2 years imprisonment in the House of Correction or both.

(d) For the purposes of this section, a disguise shall not include a face covering worn for the following reasons: (1) as required by religious custom or practice, (2) for the treatment of a medical condition, (3) as part of a costume worn on the occasion of or in close proximity to the occasion of a holiday, or (4) for warmth during periods of extreme cold. Any police officer who has probable cause may arrest any individual who violates any provision of subsection (a), (b) or (c) of this section.