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By Mr. Mariano of Quincy, petition (accompanied by bill, House, No. 1590) of Ronald Mariano relative to the penalty for the crime of aggravated assault or assault and battery. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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By Mr. Mariano of Quincy, petition (accompanied by bill, House, No. 1590) of Ronald Mariano relative to the penalty for the crime of aggravated assault or assault and battery. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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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 265 of the General Laws is hereby
amended by striking out section 13A, as appearing in the 2002 Official Edition,
and inserting in place thereof the following section:—
Section 13A. (a) Whoever commits an assault or an assault and battery upon
another shall be punished by imprisonment for not more than two and one-half
years in a house of correction or by a fine of not more than one thousand
dollars, or by both such fine and imprisonment.
A summons may be issued instead of a warrant for the arrest of any person upon
a complaint for a violation of any provisions of this subsection if in the
judgment of the court or justice receiving the complaint there is reason to
believe that he will appear upon a summons.
(b) Whoever commits an assault: (i) upon a person under fourteen years of age;
or (ii) upon a mentally retarded person knowing such person to be mentally
retarded; or (iii) upon a person sixty years of age or older; or (iv) upon a
person with a disability, as defined by section 13K of this chapter; or (v)
upon another who is pregnant at the time of such assault, knowing or having
reason to know that the person is pregnant; or (vi) upon another who he knows
has an outstanding temporary or permanent vacate, restraining, or no-contact order
or judgment issued pursuant to section eighteen, thirty-four B or thirty-four C
of chapter two hundred and eight, section thirty-two of chapter two hundred and
nine, section three, four or five of chapter two hundred and nine A, or section
fifteen or twenty of chapter two hundred and nine C, in effect against him at
the time of such assault and battery; or (vii) after entering the dwelling of
another with the intent to commit the assault; or (viii) by means of a
dangerous weapon shall be punished by imprisonment in state prison for not more
than three years or in the house of correction for not more than two and
one-half years or by a fine of not more than two thousand dollars, or by both
such fine and imprisonment.
(c) Whoever commits an assault and battery: (i) upon another and by such
assault and battery causes bodily injury, as defined in this chapter; or (ii)
upon another who is pregnant at the time of such assault, knowing or having
reason to know that the person is pregnant; or (iii) upon another who he knows
has an outstanding temporary or permanent vacate, restraining, or no-contact
order or judgment issued pursuant to section eighteen, thirty-four B or
thirty-four C of chapter two hundred and eight, section thirty-two of chapter
two hundred and nine, section three, four or five of chapter two hundred and
nine A, or section fifteen or twenty of chapter two hundred and nine C, in
effect against him at the time of such assault and battery, shall be punished
by imprisonment in the state prison for not more than five years or in the
house of correction for not more than two and one-half years or by a fine of
not more than five thousand dollars, or by both such fine and imprisonment.
(d) Whoever commits an assault or an assault and battery upon another and by
such assault and battery causes serious bodily injury, as defined in section
13K of this chapter shall be punished by imprisonment in the state prison for
not less than three nor more than five years or in a house of correction for
not more than two and one-half years or by a fine of not more than ten thousand
dollars, or by both such fine and imprisonment.
SECTION 2. Section 15A of chapter 265 of the General
Laws, as appearing in the 2002 Official Edition, is hereby amended by striking
out paragraph (b) and inserting in place thereof the following paragraphs:—
(b) Whoever commits assault and battery upon another by means of a dangerous
weapon shall be punished by imprisonment in the state prison for not more than
ten years or in the house of correction for not more than two and one-half
years, or by a fine of not more than five thousand dollars, or by both such
fine and imprisonment.
(c) Whoever, by means of a dangerous weapon, commits an assault and battery:
(i) upon another and by such assault and battery causes serious bodily injury;
or (ii) upon another who is pregnant at the time of such assault and battery,
knowing or having reason to know that the person is pregnant; or (iii) ) upon
another who he knows has an outstanding temporary or permanent vacate,
restraining, or no-contact order or judgment issued pursuant to section
eighteen, thirty-four B or thirty-four C of chapter two hundred and eight,
section thirty-two of chapter two hundred and nine, section three, four or five
of chapter two hundred and nine A, or section fifteen or twenty of chapter two
hundred and nine C, in effect against him at the time of such assault and
battery, shall be punished by imprisonment in the state prison for not more
than fifteen years or in the house of correction for not more than two and
one-half years or by a fine of not more than ten thousand dollars, or by both
such fine and imprisonment.