By Ms. Walsh, a petition (accompanied by bill, Senate,
No. 1143) of Marian Walsh and Bruce E. Tarr for
legislation relative to reckless endangerment. Children,
Families and Persons with Disabilities. |
By Ms. Walsh, a petition (accompanied by bill, Senate,
No. 1143) of Marian Walsh and Bruce E. Tarr for
legislation relative to reckless endangerment. Children,
Families and Persons with Disabilities. |
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 13L of Chapter 265 of the General Laws, as appearing in section 2 of chapter 322 of the acts of 2002, is hereby amended by inserting after the first paragraph the following paragraph:-
“Disabled Person”, a person who is mentally retarded, as defined by section one of chapter one hundred and twenty-three B or who is otherwise mentally or physically disabled and as a result of such mental or physical disability is wholly or partially dependent on another person or persons to meet his daily living needs.
SECTION 2. Section 13L of Chapter 265 of the General Laws, as appearing in section 2 of chapter 322 of the acts of 2002, is hereby amended by striking out the third paragraph and inserting in the place thereof the following paragraph:-
"Sexual abuse", an indecent assault and battery on a child under 14 under section 13B of chapter 265; indecent assault and battery on a mentally retarded person under section 13F of chapter 265; indecent assault and battery on a person age 14 or over under section 13H of said chapter 265; rape under section 22 of said chapter 265; rape of a child under 16 with force under section 22A of said chapter 265; rape and abuse of a child under section 23 of said chapter 265; assault with intent to commit rape under section 24 of said chapter 265; and assault of a child with intent to commit rape under section 24B of said chapter 265.
SECTION 3. Section 13L of Chapter 265 of the General Laws, as appearing in section 2 of chapter 322 of the acts of 2002, is hereby amended by striking out the fourth paragraph and inserting in the place thereof the following paragraph:-
Whoever wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child or a disabled person as defined in this section or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act shall be punished by imprisonment in the house of correction for not more than 2 ½ years.
SECTION 4. For the purposes of this section, such wanton or reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that his acts, or omissions where there is a duty to act, would result in serious bodily injury or sexual abuse to a child or disabled person as defined in this section. The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
