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HOUSE DOCKET, NO. 3958         FILED ON: 8/3/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3766

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, 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 protection of children.

_______________

PETITION OF:

 

Name:

District/Address:

Bradley H. Jones, Jr.

20th Middlesex

Viriato Manuel deMacedo

1st Plymouth

George N. Peterson, Jr.

9th Worcester

Bradford Hill

4th Essex

Elizabeth A. Poirier

14th Bristol

Paul Adams

17th Essex

F. Jay Barrows

1st Bristol

Marc T. Lombardo

22nd Middlesex

Randy Hunt

5th Barnstable

Kimberly N. Ferguson

1st Worcester

Donald F. Humason, Jr.

4th Hampden

Peter J. Durant

6th Worcester

Steven S. Howitt

4th Bristol

Todd M. Smola

1st Hampden

Steven L. Levy

4th Middlesex

Daniel B. Winslow

9th Norfolk

Donald H. Wong

9th Essex

Matthew A. Beaton

11th Worcester

Geoff Diehl

7th Plymouth

George T. Ross

2nd Bristol

Nicholas A. Boldyga

3rd Hampden

Theodore C. Speliotis

13th Essex

Susan Williams Gifford

2nd Plymouth

James M. Cantwell

4th Plymouth

James M. Murphy

4th Norfolk

Angelo L. D'Emilia

8th Plymouth

Ryan C. Fattman

18th Worcester

Kevin J. Kuros

8th Worcester

Daniel K. Webster

6th Plymouth

Paul K. Frost

7th Worcester

Shaunna O'Connell

3rd Bristol

Robert L. Hedlund

 

James J. Dwyer

30th Middlesex


HOUSE DOCKET, NO. 3958        FILED ON: 8/3/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3766

By Mr. Jones of North Reading, a petition (subject to Joint Rule 12) of Bradley H. Jones, Jr., and others relative to the crime of failing to notify law enforcement officials of a missing or deceased child.  The Judiciary. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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An Act relative to the protection of children.
 

              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 2008 Official Edition, is hereby amended by adding to the end thereof the following section:--

              “Section 13N. Failure to Notify Law Enforcement of Missing or Deceased Child

              For the purposes of this section, the following words shall have the following meanings:--

              “Person having care and custody”, a parent, guardian, employee of a home or institution or any other person with equivalent supervision or care of a child, whether the supervision is temporary or permanent.

              “Child”, any person under 14 years of age.

                "Law enforcement authority'', any police department in the commonwealth or any of its political subdivisions.

              "Missing child or children'', any person under the age of 14 years missing from his normal and ordinary place of residence or last known whereabouts and whose whereabouts cannot be determined by the person responsible for such child's care.

              Whoever, having care and custody of a child, fails to notify a law enforcement authority of the death of a child, accidental or otherwise, within 2 hours of said known death being discovered with the intent to mislead a public official, impede any investigation, or causes an investigation to be impeded, shall be punishable by a term of imprisonment in the state prison for not more than 10 years or imprisonment in the house of correction for not more than 2 ½ years.

              Whoever, having care and custody of a child, finds the child missing and fails to notify a law enforcement authority of said missing child in a within five days with the intent to mislead a public official, impede an investigation, or causes an investigation to be impeded, shall be punishable by a term of imprisonment in the state prison for not more than 10 years or imprisonment in the house of correction for not more than 2 ½ years.

              SECTION 2. Section 13J of chapter 265 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, on line 29, the words “two and one-half years” and inserting in place thereof the following words:- “10 years”

              ;and further, by striking out, on line 34, the words “five years” and inserting in place thereof the following:- “15 years”

              ;and further, by striking out, on lines 35 and 36, the words “two and one-half years” and inserting in the place thereof the following:- “10 years”.”

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