Budget Amendment ID: FY2019-S4-1032-R1

Redraft EPS 1032

Assault and Battery Against a Police Officer

Messrs. deMacedo, Tarr, Humason, O'Connor, Ross, Timilty and Tran moved that the proposed new text be amended by inserting after section 27 the following section:-

“SECTION 27A. Chapter 265 of the General Laws is hereby amended by inserting after section 15F the following section:-

Section 15G. (a) As used in this section, “law enforcement officer” shall mean an officer of a local police department, the department of the state police or the Massachusetts Bay Transportation Authority police department.

(b) Whoever commits an assault or an assault and battery on a law enforcement officer: (i) with the intent to commit murder; (ii) by discharging a firearm, rifle, shotgun, sawed-off shotgun, machine gun or assault weapon; (iii) while the law enforcement officer is engaged in the performance of official duties; and (iv) with knowledge or reason to know that the victim is a law enforcement officer, shall be punished by imprisonment in the state prison for not less than 10 years and not more than 30 years. No sentence imposed under this paragraph shall be for less than a mandatory minimum term of imprisonment of 10 years, and a fine of not more than $150,000 may be imposed, but not in lieu of the mandatory minimum term of imprisonment established by this section.  Prosecutions commenced under this section shall not be continued without a finding nor placed on file.”.