SENATE DOCKET, NO. 546 FILED ON: 1/14/2019
SENATE . . . . . . . . . . . . . . No. 907
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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 mandatory sentences for those committing an assault on a law enforcement officer.
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PETITION OF:
Name: | District/Address: |
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Viriato M. deMacedo | Plymouth and Barnstable |
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David F. DeCoste | 5th Plymouth | 1/29/2019 |
Mathew J. Muratore | 1st Plymouth | 1/31/2019 |
SENATE DOCKET, NO. 546 FILED ON: 1/14/2019
SENATE . . . . . . . . . . . . . . No. 907
By Mr. deMacedo, a petition (accompanied by bill, Senate, No. 907) of Viriato M. deMacedo, David F. DeCoste and Mathew J. Muratore for legislation relative to mandatory sentences for committing assaults on a law enforcement officers. The Judiciary. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 828 OF 2017-2018.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act relative to mandatory sentences for those committing an assault on a law enforcement officer.
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 265 of the General Laws as appearing in the 2016 Official Edition is hereby amended by inserting after Section 15F the following new section:-
Section 15G. As used in this section, “law enforcement officer” shall mean any officer of a municipal police department, the department of the state police or the Massachusetts Bay Transportation Authority police department.
Whoever commits an assault or an assault and battery upon a law enforcement officer by discharging a firearm, rifle, shotgun, sawed-off shotgun, assault weapon, or covert weapon while said officer is engaged in the performance of duties, and who knows or has reason to know that the individual is a law enforcement officer shall be punished by a term of imprisonment not less than 10 years up to life imprisonment in the state prison. No sentence imposed under the provisions of this paragraph shall be suspended nor shall it be for less than a mandatory minimum term of imprisonment of 10 years and a fine of not more than $150,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.