Amendment #7 to H4011

Assault and Battery on a Police Officer

Representatives Frost of Auburn, Berthiaume of Spencer, Boldyga of Southwick, Campanale of Leicester, Crocker of Barnstable, Durant of Spencer, Ferguson of Holden, Gifford of Wareham, Hill of Ipswich, Jones of North Reading, Kane of Shrewsbury, Kuros of Uxbridge, McKenna of Webster, Muradian of Grafton, Orrall of Lakeville, Poirier of North Attleborough, Silvia of Fall River, Smola of Warren, Whelan of Brewster and Wong of Saugus moves to amend the amendment by inserting at the end thereof the following new sections:-

SECTION X.  Section 26 of Chapter 218 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 18, the words ”thirteen K” and inserting in place thereof the following two figures:- 13D, 13K.

And by inserting after section 136 the following section:-

SECTION X. Section 13D of Chapter 265 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Whoever commits an assault and battery upon a police officer when such person is engaged in the performance of his duties at the time of such assault and battery, causing serious bodily injury, shall be punished by a term of imprisonment in the state prison for not less than 1 year nor more than 10 years, or house of correction for not less than 1 year nor more than 2 ½ years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of one year and a fine of not less than $500 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment. A prosecution commenced under this paragraph shall not be placed on file or continued without a finding and a sentence imposed upon a person convicted of violating this paragraph shall not be suspended or reduced, nor shall such person be eligible for probation, parole, work release, furlough or receive any deduction from his sentence for good conduct until such person shall have served said mandatory minimum term of imprisonment.

And in section 182, by inserting after the figure 269 in line 1379 the following words:- (xi) a violation of section 13D of chapter 265 in which the public employee is alleged to be a police officer.

Additional co-sponsor(s) added to Amendment #7, as changed to H4011

Assault and Battery on a Police Officer