SENATE DOCKET, NO. 972        FILED ON: 2/9/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1051

The Commonwealth of Massachusetts

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PRESENTED BY:

Adam G. Hinds

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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 to reform the hate crime statutes.

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PETITION OF:

SENATE DOCKET, NO. 972        FILED ON: 2/9/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1051

The Commonwealth of Massachusetts

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

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An Act to reform the hate crime statutes.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to reform existing statute pertaining to hate crimes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
 

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 2020 Official Edition is hereby amended by striking section 37.

SECTION 2.  Said chapter 265, as so appearing, is hereby further amended, by striking section 39 and replacing it with the following section:-

Section 39.  (a) For the purposes of this sections, the following words shall, unless the context indicates otherwise, have the following meanings: --

“Because of”, conduct would not have happened but for the protected characteristic(s), as defined in this section, of the person who is the object(s) of the conduct, either alone or in combination with other factors, regardless of the presence or absence of other motives, including but not limited to personal animus, anger, or revenge. Hostility to the person who is the object of the conduct based on their protected characteristic or characteristics need not be a substantial, predominant, or the sole reason for the conduct. The use of bigoted slurs, signs, symbols, or reference to a person’s protected characteristic or characteristics may be evidence of such a reason, but is not the only potential evidence of such a reason.

“Bodily injury”, substantial impairment of the physical condition, including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or injury which occurs as the result of harm to any bodily function or organ, including human skin.

“Free exercise or enjoyment of any right or privilege secured  by the constitution or laws of the Commonwealth or by the constitution or laws of the United States”, any recognized right protected by the Constitution or laws of Massachusetts or the United States, including those protected by statute, the common law, and regulations. A person need not be completely prevented from exercising a right for that right to have been infringed upon.

“Harasses”, knowingly engages in conduct, a pattern of conduct or a series of acts over a period of time, directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress. Harassment includes, but is not limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.

“Protected characteristic”, race, color, religion, national origin, ethnicity, caste, immigration status, sexual orientation, gender, gender identity, or disability, of a person, as that characteristic is perceived by another person.

“Threatens”, threatening to commit a crime against the person or property of another, presently or in the future, whether the threat is delivered to the purported target of the threatened injury or to a third party. Threats include, but are not limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.

“Weapon”, any implement or tool used in the commission of an assault or battery.

“Willfully”, person acts with the specific intent to deprive another of the free exercise or enjoyment of any right or privilege secured to them by the constitution or laws of the commonwealth or by the constitution or laws of the United States, as defined in section 15(h) of this statute, or in reckless disregard of such a legal guarantee. Conduct may be done willfully regardless of whether (i) the person committing the conduct knows that the right deprived is specifically protected by the Constitution or laws of Massachusetts or the United States, or (ii) the person who is  the object of the conduct knows that they are exercising a right protected by this section.

(b) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, or attempt to injure, intimidate, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him by the constitution or laws of the commonwealth or by the constitution or laws of the United States. Any person convicted of violating this provision shall be fined not more than one thousand dollars or imprisoned not more than one year or both; and if bodily injury results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years, or both.

(c) Whoever willfully threatens, harasses, intimidates, or assaults any other person in the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the commonwealth or by the constitution or laws of the United States, and does so because of that person’s protected characteristic, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

(d) Whoever commits a violation of subsection (c) during the commission of a battery shall be punished by a fine of not more than twenty thousand dollars or by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.

(e) Whoever commits a violation of subsection (c) while using a weapon shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than three years or in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.

(f) Whoever  commits a violation of subsection (d) while using  a weapon shall be punished by a fine of not more than twenty thousand dollars or by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.

(g) Whoever commits a violation of subsection (d), (e) or (f), resulting in bodily injury shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment in the state prison for not more than twenty years, or by both such fine and imprisonment.

(h) Whoever damages, converts, or takes and carries away real or personal property with the intent to intimidate, threaten, harass another because of that person’s protected characteristic, shall be punished by a fine of not more than five thousand dollars or imprisonment in a house of correction for not more than two and one half years, or by both such fine and imprisonment.

(i) Whoever violates subsection (c) after having been previously convicted of any of the offenses in this section, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years.

(j) Whoever violates subsection (d) after having been previously convicted of any of the offenses in this section, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.

(k) Whoever violates subsection (e) after having been previously convicted of any of the offenses in this section, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.

(l) Whoever violates subsection (f) after having been previously convicted of any of the offenses in this section, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than twenty years.

(m) Whoever violates subsection (g) after having been previously convicted of any of the offenses in this section, shall be punished by  imprisonment in the state prison for not more than twenty-five years.

(n) Whoever violates subsection (g) after having been previously convicted of a violation of subsection (g) shall be punished by imprisonment in the state prison for life or for any term of years.

(o) Whoever, violates subsection (h) after having been previously convicted of any of the offenses in this section, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than five years.

(p) Whoever conspires with another person to violate any provision of this section shall be punished by imprisonment or fine, or both; provided, however punishment shall not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the conspiracy.

(q) An act done with specific intent to commit an offence under this section that amounts to more than mere preparation, even though failing to effect its commission, shall be an attempt to commit that offense and shall be punished by imprisonment or fine, or both; provided however, punishment shall not exceed the maximum punishment prescribed for the offense.

(r) The superior court shall have original and exclusive jurisdiction over actions arising out of subsections (f), (g), and (j) through (n), inclusive.

SECTION 3. This act shall take effect upon passage.