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HOUSE DOCKET, NO. 1851        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1508


The Commonwealth of Massachusetts



James R. Miceli


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 authorize the arrest for assault and battery on a public employee.






James R. Miceli

19th Middlesex

Peter V. Kocot

1st Hampshire

Josh S. Cutler

6th Plymouth

Mary S. Keefe

15th Worcester

Anne M. Gobi

5th Worcester

Bradley H. Jones, Jr.

20th Middlesex

Michael D. Brady

9th Plymouth

Tackey Chan

2nd Norfolk

Robert M. Koczera

11th Bristol

Christopher G. Fallon

33rd Middlesex

Thomas J. Calter

12th Plymouth

Robert L. Hedlund

Plymouth and Norfolk

Antonio F. D. Cabral

13th Bristol

Carl M. Sciortino, Jr.

34th Middlesex

John H. Rogers

12th Norfolk

Rhonda Nyman

5th Plymouth

HOUSE DOCKET, NO. 1851        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1508

By Mr. Miceli of Wilmington, a petition (accompanied by bill, House, No. 1508) of James R. Miceli and others for legislation to authorize the arrest without a warrant of any person for probable cause of assault and battery on a public employee or health care worker.  The Judiciary. 


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act to authorize the arrest for assault and battery on a public employee.


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              Whereas, the deferred operation of this act would tend to defeat its purpose, which is forthwith to protect public and health care workers from being inhibited in their duties due to assault and battery, it is hereby declared to be an emergency law, necessary for immediate preservation of public convenience.

              Sections 13D and 13I of Chapter 265 of the General Laws,  are hereby amended by inserting after the final sentence in each section, the following sentence:

              Any officer authorized to make arrests may arrest without a warrant any person who he has probable cause to believe has committed the above offense and may keep said person in custody for not more than twenty-four hours, or until the next sitting of the court, during which period the officer shall seek the issuance of a complaint and request a bail determination.

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