HOUSE DOCKET, NO. 2000 FILED ON: 1/13/2009
HOUSE . . . . . . . . . . . . . . No. 1688
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Kathi-Anne Reinstein
_______________
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 passage of the accompanying bill:
An Act Relative to Posing or Exhibiting or Disseminating Material
of an Elder or a Person with a Disability in a State of Nudity or Sexual Conduct.
_______________
PETITION OF:
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Name:
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District/Address:
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Kathi-Anne Reinstein
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16th Suffolk
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Frederick E. Berry
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Second Essex
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Benjamin B. Downing
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Berkshire, Hampshire and
Franklin
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Thomas P. Kennedy
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Second Plymouth and Bristol
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Pam Richardson
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6th Middlesex
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The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act Relative to Posing or Exhibiting or Disseminating
Material of an Elder or a Person with a Disability in a State of Nudity or Sexual Conduct.
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.
Section 29A of Chapter 272 of the General Laws, as appearing in the
2006
Official Edition, is hereby amended as follows -
A
.
By inserting in the title of said Section 29A after the word “child” and before the words “in state” the words “, an elder or a p
erson with a disability”
B
.
Subsection (a) of said Section 29A is hereby amended as follows-
By inserting after the word “age” and before the word “or” as so appearing on line 2 the words “, an elder or a person with a disability”
Subsection (a) is furth
er amended by inserting after the word “age,” and before the word “and” as so appearing on line 4 the words “an elder or a person with a disability.”
Subsection (a) is further amended by inserting after the word “child” and before the word “to” as so appea
ring on line 6 the words “,elder or person with a disability”
Subsection (a) is further amended by inserting after the last sentence as so appearing the following sentence -
“For purposes of this section “an elder” and “a person with a disability” shall be
defined as those terms are defined in Section 13K of Chapter 265.”
C.
Subsection (b) of said Section 29A is hereby amended as follows -
By inserting after the word “age” and before the words “or while” as so appearing on line 12 the words “, an elder or
a person with a disability”
Subsection (b) is further amended by inserting after the word “age,” and before the word “hires” as so appearing on line 14 the words “an elder or a person with a disability,”
Subsection (b) is further amended by inserting aft
er the word “child” and before the words “to participate” as so appearing on line 15 the words “an elder or a person with a disability”
D.
Subsection (c) of said Section 29A is hereby amended as follows -
By inserting after the word “minor” and before th
e words “shall be deemed” as so appearing on line 22, the words “or an elder or a person with a disability adjudicated as incompetent by a court of the commonwealth”
E.
Subsection (d) of said Section 29A is hereby amended as follows-
By inserting after
the word “age” and before the words “may be” as so appearing on line 27 the words “, an elder or a person with a disability”
Subsection (d) is further amended by striking the word “child” after the words “material that the” and before the word “therein” a
s so appearing on line 29 and inserting in place thereof the word “person”
Subsection (d) is further amended by inserting after the word “age,” and before the words
“or by an expert” as so appearing on line 30 the words “ or to be an elder or a person with
a disability”
Subsection (d) is further amended by inserting after the word “age,” and before the words
“of the person” as so appearing on line 31the words “or disability”
SECTION 2.
Section 29B of Chapter 272 of the General Laws, as appearing in the
2006
Official Edition, is hereby amended as follows -
A
.
By inserting in the title of said Section 29B after the word “child” and before the words “in state” the words “, an elder or a person with a disability”
B
.
Subsection (a) of said Section 29B is
hereby amended as follows-
By inserting after the word “age,” and before the word “knowing” as so appearing on line 4 the words “an elder or a person with a disability,”
C
.
Subsection (b) of said Section 29B is hereby amended as follows -
By inserting a
fter the word “age,” and before the word “knowing” as so appearing on line 17 the words “an elder or a person with a disability,”
D.
Subsection (c) of said Section 29B is hereby amended as follows
By striking the word “child” as so appearing on line 28
and inserting in place thereof the word “person”
Subsection (c) is further amended by inserting after the words “hereunder is” and before the word “under” as so appearing on line 28 the word “child”
Subsection (c) is further amended by inserting after th
e word “age” as so appearing on line 29 the words “, an elder or a person with a disability”
Subsection (c) is further amended by inserting after the words “such child,
” and
before the words “by the testimony” as so appearing on line 29 the words “elder
or person with a disability ”
Subsection (c) is further amended by inserting after the word “age,” and before the words “by testimony” as so appearing on line 32 the words “or to be an elder or a person with a disability”
Subsection (c) is further amended
by inserting after the words “physical appearance” and before the words “by inspection” as so appearing on line 34 the words “or that of an elder or a person with a disability”
Subsection (c) is further amended by inserting after the last sentence as so a
ppearing the following sentence -
“For purposes of this section “an elder” and “a person with a disability” shall be defined as those terms are defined in Section 13K of Chapter 265.”
E
. Subsection (d) of said Section 29B is hereby amended as follows -
B
y inserting after the word “minor” and before the words “shall be deemed” as so appearing on line 37, the words “or elder or a person with a disability adjudicated as incompetent by a court of the commonwealth”
D.
Subsection (e) of said Section 29B is he
rby amended as follows -
By inserting after the words “years of age” and before the words “was for” as so appearing on line 43 the words “, an elder or a person with a disability”
