HOUSE DOCKET, NO. 2288        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1669

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joseph W. McGonagle, Jr.

_________________

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.

_______________

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

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

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.