H2048 — An Act decriminalizing non-violent and verbal student misconduct

Summary

An Act decriminalizing non-violent and verbal student misconduct

Bill Text

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This bill modifies the legal consequences for disturbances of assemblies and disorderly conduct, particularly shielding K-12 students from charges related to their conduct in school settings.

• Chapter 272, Section 40

  Whoever wilfully interrupts or disturbs an assembly of people met for a lawful purpose shall be punished by imprisonment for not more than one month or by a fine of not more than fifty dollars. → Whoever wilfully interrupts or disturbs an assembly of people met for a lawful purpose shall be punished by imprisonment for not more than one month or by a fine of not more than fifty dollars; provided, however, that K-12 students shall not be charged, adjudicated, or convicted for alleged violation of this provision due to conduct within school buildings or grounds or in the course of school-related events. Whoever, within one year after being twice convicted of a violation of this section, again violates the provisions of this section shall be punished by imprisonment for one month, and the sentence imposing such imprisonment shall not be suspended.

  This change adds protections for K-12 students by exempting them from being charged or convicted for disruptions occurring in school settings.

• Chapter 272, Section 53(b)

  Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. → Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment; provided, however, that an elementary or secondary school student shall not be charged, adjudicated, or convicted for alleged violation of this provision due to conduct within school buildings or grounds or in the course of school-related events.

  This amendment also protects elementary and secondary school students from being charged or convicted for disorderly conduct in school environments.

Sponsors

• Bud L. Williams · Primary

Subjects