SENATE DOCKET, NO. 2022 FILED ON: 1/15/2009
SENATE . . . . . . . . . . . . . . No. 1682
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Cynthia Stone Creem
_______________
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 Relating to School Zones.
_______________
PETITION OF:
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Name:
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District/Address:
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Cynthia Stone Creem
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First Middlesex and Norfolk
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Patricia D. Jehlen
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Second Middlesex
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Richard J. Ross
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9th Norfolk
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Susan C. Fargo
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Third Middlesex
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Kay Khan
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11th Middlesex
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The Commonwealth of Massachusetts
_______________
In
the Year Two Thousand and Nine
_______________
An Act Relating to School Zones.
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 94C of the
General Laws is hereby amended by striking out section 32J and inserting in place thereof the following section:-
Section 32J. Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I while in or on, or within 100 feet of t
he real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational, or secondary school whether or not in session, or within 100 feet of a public park or playground
shall be imprisoned in a jail or
house of correction for not more than 2 years or by a fine of not less than $500 nor more than $5,000, or bo
th such fine and imprisonment.
Any person who has been previously convicted of, or adjudicated delinquent or as a youthful offender for a violatio
n of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I while in or on, or within 100 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational or secondary school whether or not in se
ssion, or within 100 feet of a public park or playground
shall be punished by a term of
imprison
ment in the state prison for not less than 2-1/2 nor more than 15 years or by imprisonment
in a jail or house of correction for not
less than 2 nor
more than 2
-
1/2
years
,
or by
a fine of not less than $
1,
00
0
nor more than $
10
,000, or bo
th such fine and imprisonment
. In accordance with the provisions of section 8A of chapter 279 such sentence shall begin from and after the expiration of the sentence for violation
of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I.
Notwithstanding any other provision of law to the contrary, no violation of an offense under
this section
shall be punished by a mandatory minimum sentence.
Lack of knowledge of school boundaries shall
not be a defense to any person who violates the provisions of this section.
SECTION 2. Section 32H of Chapter 94C of the General Laws, as appearing in the 2006 Official Edition,
is hereby amended by striking, in line 4, the words “thirty-two J”.
