Download Acts and resolves passed by the General Court

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Chapter 501.
Be
it
AN ACT RELATIVE TO CRIMES AGAINST ELDERS AND
PERSONS WITH DISABILITIES.
enacted,
SECTION
72K,
section
-
etc.,
as follows:
Chapter
1.
of the General
1 1 1
as appearing in the
2002
Laws
Official Edition,
is
hereby amended by striking out
and inserting in place thereof the
following section:
Section 72K.
(a)
As used
in this section, the
following words shall, unless the
context clearly requires otherwise, have the following meanings:
"Bodily injury", substantial impairment of the physical condition including, but not
limited
any burn, fracture of any bone, subdural hematoma, injury
to,
or any injury which occurs as the result of repeated
human
including
harm
to
to
any internal organ,
any bodily function or organ,
skin.
"Serious bodily injury", bodily injury which results in a permanent disfigurement,
protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.
"Sexual assault", a violation or attempt to commit a violation of section 13B, 13F,
13H, 22, 22A, 24 or section 24B of chapter 265 or section 3 of chapter 272.
(b)
The
attorney general
may file
a civil action against a person
who commits abuse,
who misappropriates patient or resident
who wantonly or recklessly permits or causes another to commit
neglect of a patient or resident or who misappropriates patient or
mistreatment or neglect of a patient or resident or
property, or against a person
abuse, mistreatment or
resident
property.
The
civil
penalty
misappropriation shall not exceed: $5,000
results;
Section
for
if no
such
abuse,
mistreatment,
neglect
or
bodily injury results; $ 10,000 if bodily injury
$20,000 if sexual assault or serious bodily injury results; and $50,000 if death results.
60B of
chapter 23 1 shall not apply to an action brought by the attorney general
pursuant to this section.
Nothing
in this section shall preclude the filing
of any action
93A
or any action by
2002
Official Edition,
brought by the attorney general or a private party pursuant to chapter
the department pursuant to this chapter.
SECTION 2.
is
Section
13H of chapter 265,
as appearing in the
hereby amended by adding the following paragraph:
Whoever commits an
indecent assault and battery on an elder or person with a
13K, shall be punished by imprisonment in the state prison
more than 10 years, or by imprisonment in the house of correction for not more than
2 Vi years, and whoever commits a second or subsequent such offense shall be punished by
imprisonment in the state prison for not more than 20 years. A prosecution commenced
disability, as defined in section
for not
under
this
paragraph shall not be placed on
SECTION 3.
Paragraph
(a)
file
of section
nor continued without a finding.
13K of said chapter 265,
as so appearing,
is
hereby amended by inserting before the definition of "Bodily injury" the following
definition :-
"Abuse", physical contact which either harms or creates a substantial likelihood of
harm.
1549
Chap. 501
SECTION
appearing,
4.
Said paragraph
(a)
of said section
13K
hereby further amended by striking out, in lines
is
of said chapter 265, as so
9, 22,
40 and 45,
the
word
"physical".
SECTION
appearing,
is
5.
Said paragraph
(a)
of said section
13K of
said chapter 265, as so
hereby further amended by inserting after the definition of "Elder" the following
2 definitions :"Mistreatment", the use of medications or treatments, isolation, or physical or
chemical restraints which harms or creates a substantial likelihood of harm.
"Neglect", the failure to provide treatment or services necessary to maintain health
and safety and which either harms or creates a substantial likelihood of harm.
SECTION 6.
is
Said paragraph
(a)
of section
13K of said chapter 265, as so appearing,
hereby further amended by striking out the definition of "Person with a disability" and
inserting in place thereof the following definition:-
"Person with disability", a person with a permanent or long-term physical or mental
impairment
that prevents or restricts the individual's ability to
provide for his or her own care
or protection.
SECTION 7. Said section 13K of said chapter 265, as so appearing, is hereby
amended by inserting after paragraph (a) the following paragraph :(a Vi) Whoever commits an assault and battery upon an elder or person with a
disability shall be punished by imprisonment in the state prison for not more than 3 years or
by imprisonment in a house of correction for not more than 2 Vi years, or by a fine of not
more than $ ,000, or both such fine and imprisonment.
SECTION 8. Said section 13K of said chapter 265, as so appearing, is hereby
further amended by inserting after paragraph (d) the following paragraph :(d Vi) Whoever, being a caretaker of an elder or person with a disability, wantonly or
recklessly commits or permits another to commit abuse, neglect or mistreatment upon such
further
1
elder or person with a disability, shall be punished
not
more than 3
years, or
by a
years, or
fine of not
SECTION 9.
imprisonment
in the
by imprisonment
in the state prison for
house of correction for not more than 2
more than $5,000, or by both such
Section 38 of said chapter 265
is
fine
hereby repealed.
Approved January
Chapter 502.
Be
it
11,
2005.
AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR
2005 TO COMPENSATE FOR CERTAIN UNDERPAYMENTS.
enacted,
etc.,
NO SECTION 1.
NO SECTION 2.
1550
Vi
and imprisonment.
as follows: