SENATE DOCKET, NO. 514 FILED ON: 1/9/2009
SENATE . . . . . . . . . . . . . . . No. 1858
The Commonwealth of Massachusetts
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PRESENTED BY:
Walsh, Marian (SEN)
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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 penalties for causing death or serious bodily
injury during the course of an escape or attempted escape.
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PETITION OF:
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Name:
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District/Address:
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Marian Walsh
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Suffolk and Norfolk
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Bruce E. Tarr
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First Essex and Middlesex
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[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. S01041
OF 2007-2008.]
The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act relative to penalties for causing death or serious bodily injury during the course of an escape or attempted escape.
Be it ena
cted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION
1.
Section 1 of Chapter 265, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word "commission" the second time that it appears, in line 3, the following words: - "of escape from lawful custody, or."
SECTION 2.
Section 1 of
Chapter 265 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after line 7 the following words: -
Any
person
who commits a murder in the commission or attempted commission of an escape or an attempted escape fr
om the custody of the Department of Youth Services or any employee thereof, or from any courthouse or land appurtenant thereto or from the custody of any officer of such courthouse, is murder in the first degree. This provision shall apply to all persons,
notwithstanding the age limitations set forth in General Laws chapter 119, sections 52 to 84, inclusive.
SECTION 3.
Section 16 of Chapter 268, as appearing in the 2004 Official Edition, is hereby amended by adding the following sections: -
Section 16B.
Any
person who, in the course of escape or attempt to escape from lawful custody causes serious bodily injury to another, shall be punished by imprisonment in the state prison for not less than fifteen nor more than twenty-five years. For purposes of this sec
tion "serious bodily injury" shall mean bodily injury which created a substantial risk of death or which involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time.
Section 16C. A person
who has been committed to the custody of the Department of Youth Services, or who is held in custody by said department for a court appearance, who escapes or attempts to escape from such custody, or from a courthouse or land appurtenant thereto, or from t
he custody of any officer of such courthouse or employee of said department, by force or threat of force, may be pursued and recaptured and shall be punished by imprisonment in the state prison for not more than ten years or by imprisonment in a jail or ho
use of correction for not more than two and one-half years. This provision shall apply to all persons, notwithstanding the age limitations set forth in General Laws chapter 119, sections 52 to 84, inclusive.
