HOUSE DOCKET, NO. 1272        FILED ON: 2/3/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1554

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Shawn Dooley

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Shawn Dooley

9th Norfolk

2/3/2021

John Nelson

Massachusetts Coalition of Police P.O. Box 768 Milbury, MA 01572

2/3/2021

Larry Calderone

Boston Patrolmen Union 295 Freeport St. Dorchester, MA 02122

2/3/2021

Jeffrey Rosario Turco

19th Suffolk

5/3/2021

Alan Silvia

7th Bristol

5/17/2021


HOUSE DOCKET, NO. 1272        FILED ON: 2/3/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1554

By Mr. Dooley of Norfolk, a petition (accompanied by bill, House, No. 1554) of Shawn Dooley, John Nelson and Larry Calderone relative to mandatory sentences for those committing an assault on a law enforcement officer.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

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”, defined as the Massachusetts State Police; police officers employed by cities and towns of the Commonwealth of Massachusetts; Sheriffs’ Departments, House of Correction, Courts, the Environmental Police, the Massachusetts Department of Corrections, and the Massachusetts Trial Court, college and university campus police, and any other in the commonwealth that are charge with the enforcement of laws, the operation of jails or prisons, or the custody of detained persons.

As used in this section, “firefighter”, refers to any officer or firefighter employed by a fire department as established in Chapter 48, Section 42A of the General Laws, and the state fire warden or any duly authorized assistant of the state fire warden.

Whoever commits an assault or an assault and battery upon a law enforcement officer or firefighter 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 or firefighter 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.