HOUSE DOCKET, NO. 2288 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1669
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The Commonwealth of Massachusetts
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PRESENTED BY:
Joseph W. McGonagle, Jr.
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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 the offense of assault and battery upon a transit worker.
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PETITION OF:
Name: | District/Address: | Date Added: |
Joseph W. McGonagle, Jr. | 28th Middlesex | 1/19/2023 |
Christopher Hendricks | 11th Bristol | 2/9/2023 |
Tram T. Nguyen | 18th Essex | 2/10/2023 |
Jessica Ann Giannino | 16th Suffolk | 2/14/2023 |
Steven George Xiarhos | 5th Barnstable | 2/21/2023 |
Kate Lipper-Garabedian | 32nd Middlesex | 2/27/2023 |
Michael J. Finn | 6th Hampden | 3/3/2023 |
Marcus S. Vaughn | 9th Norfolk | 3/3/2023 |
Gerard J. Cassidy | 9th Plymouth | 3/3/2023 |
Daniel Cahill | 10th Essex | 3/6/2023 |
Jason M. Lewis | Fifth Middlesex | 3/7/2023 |
Angelo J. Puppolo, Jr. | 12th Hampden | 3/7/2023 |
Patrick M. O'Connor | First Plymouth and Norfolk | 3/7/2023 |
John J. Cronin | Worcester and Middlesex | 3/9/2023 |
Michael D. Brady | Second Plymouth and Norfolk | 3/10/2023 |
Michael F. Rush | Norfolk and Suffolk | 3/10/2023 |
Bruce J. Ayers | 1st Norfolk | 3/10/2023 |
Rodney M. Elliott | 16th Middlesex | 3/10/2023 |
Tackey Chan | 2nd Norfolk | 3/29/2023 |
James K. Hawkins | 2nd Bristol | 3/30/2023 |
Samantha Montaño | 15th Suffolk | 4/10/2023 |
Jeffrey Rosario Turco | 19th Suffolk | 4/13/2023 |
HOUSE DOCKET, NO. 2288 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1669
By Representative McGonagle of Everett, a petition (accompanied by bill, House, No. 1669) of Joseph W. McGonagle, Jr., and others relative to the offense of assault and battery upon transit workers. The Judiciary. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1781 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the offense of assault and battery upon a transit worker.
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 2018 Official Edition, is hereby amended by inserting after section 13D ½ the following section:-
Section 13D ¾. (a) For the purposes of this section, “bodily substance” shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.
(b) Whoever commits an assault and battery upon a public transit worker when such person is engaged in the performance of his duties at the time of such assault and battery shall be punished by imprisonment for not less than 90 days nor more than 2 1/2 years in a house of correction or by a fine of not less than $500 nor more than $5,000.
An officer authorized to make arrests may arrest any person upon probable cause and without a warrant if the person has committed an offense under this section upon a transit worker when the employee was operating a public transit vehicle and the officer may keep the person in custody during which period the officer shall seek the issuance of a complaint and request a bail determination with all reasonable promptness.
Assault and battery upon a public transit worker shall include acts of expectorating or flinging a bodily substance at or onto a transit worker or of throwing or flinging any unspecified fluid at or onto a transit worker while such person is engaged in the performance of their duties.