H1840 — An Act to enhance safety and security in courthouses

Summary

An Act to enhance safety and security in courthouses

Bill Text

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The bill enhances penalties for certain offenses related to disruptions and assaults occurring in Massachusetts judicial properties and proceedings.

• Chapter 265, Section 13D1/4

  Section 13D1/4. Whoever commits an assault or an assault and battery in or on the property owned, leased or occupied by the Massachusetts judicial department or an agency or committee thereof, including any trial or appellate court, during the time when the courts are in session or open to the public may be punished by imprisonment in the state prison for not more than three years or by imprisonment in a jail or house of correction for not more than two and one-half years, or by a fine of not more than $25,000 or by both such fine and imprisonment.

  A new offense is created for assaults on judicial property with significant penalties.

• Chapter 268, Section 13C

  Whoever causes or actively participates in the willful disruption of proceedings of any court of the commonwealth may be punished by imprisonment in a jail or house of correction for not more than six months or in state prison for not more than three years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. → Whoever causes or actively participates in the willful disruption of proceedings of any court of the commonwealth may be punished by imprisonment in a jail or house of correction for not more than two and one half years or in state prison for not more than three years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. Nothing in this section shall interfere with or prevent the exercise by any court of the commonwealth of its power of contempt.

  This change clarifies the penalties for disrupting court proceedings while maintaining the court's contempt powers.

• Chapter 275, Section 4

  If the person complained of is convicted, he may be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, → If the person complained of is convicted, he may be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, provided that any threat to cause bodily injury to a person on account of the person's performance of official duties as a judge, employee of the judicial department, including but not limited to clerk magistrates, probation officers, interpreters, stenographers, and court officers, prosecutors and attorneys may be punished by imprisonment in a jail or house of correction for not more than two and one half years or in state prison for not more than three years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.

  The penalties for threatening judicial officials are increased.

Sponsors

• David Paul Linsky · Primary

Subjects