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HOUSE DOCKET, NO. 2739         FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3311

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Cheryl A. Coakley-Rivera

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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 penalties for violating the duty of care to a child.

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PETITION OF:

 

Name:

District/Address:

Cheryl A. Coakley-Rivera

10th Hampden


HOUSE DOCKET, NO. 2739        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3311

By Ms. Coakley-Rivera of Springfield, a petition (accompanied by bill, House, No. 3311) of Cheryl A. Coakley-Rivera relative to penalties for violating the duty of care to a child.  The Judiciary. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Thirteen

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An Act relative to penalties for violating the duty of care to a child.
 

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

              Chapter 265 of the General Laws is hereby amended by adding the following section:-

              Section 58. A parent or guardian, knowingly endangers a child's welfare when such parent or guardian fails to inquire of a person supervising the welfare of a child under 12 whether such person is a registered sex offender, has a history of mental illness, has a suspended driver’s license, has a criminal record, is a defendant who is the recipient of an order pursuant to chapter 209A or chapter 258E or has not inquired of such person’s ability to care for a child under 12 in the absence of a parent or guardian.  This section shall not apply if the person supervising the welfare of the child is employed by a facility licensed pursuant to chapter 15D.

              A violation of this section shall be punished by imprisonment in the house of correction for not more than 2½ years or by a fine of $1,000 or by both such fine and imprisonment.  A police officer or officer authorized to serve criminal process may arrest, without a warrant, any person whom he has probable cause to believe has violated this section.

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