AN ACT RELATIVE TO THE THEFT OF CERTAIN PUBLIC RECORDS.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 231 of the General Laws is hereby amended by inserting after
section 94B the following section:-
Section 94C. In an action for false arrest or false imprisonment
brought by any person by reason of having been detained for questioning on
or in the immediate vicinity of the custodian of the record, it shall be a
defense to such action if such person
was detained in a reasonable manner and for not more than a reasonable
length of time by a person authorized to make arrests or by the custodian
or his agent authorized for such purpose and if reasonable
grounds existed at the time of such detention to believe that such person
so detained was committing or attempting
to commit a violation of section one hundred and forty-five of chapter two
hundred and sixty-six.
SECTION 2. Chapter 266 of the General Laws is hereby amended by
adding the following section:-
Section 145. Any person who intentionally conceals upon his person or
otherwise any record of the commonwealth or a political subdivision thereof,
as defined in section three of chapter sixty-six, with the intention of
permanently depriving said commonwealth or said political subdivision of its use
shall be punished by a fine of not more than five hundred dollars.
A custodian of such records or his agent who has probable cause to
believe that a person has violated the provisions of this section may
detain such person in a reasonable manner and for a reasonable time.
A law enforcement officer may arrest without warrant any person he has
probable cause to believe has violated the provisions of this section.
The statement of a custodian of such records or his agent that a person has
violated the provisions of this section shall constitute probable cause for
arrest by a law enforcement officer authorized to make an arrest in such jurisdiction.