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HOUSE ...No. 1206

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HOUSE ...No. 1206 HOUSE DOCKET, NO. 2982 FILED ON: 1/16/2015 HOUSE . No. 1206 The Commonwealth of Massachusetts _________________ PRESENTED BY: Paul Brodeur _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act to protect property of elder or disabled persons. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Paul Brodeur 32nd Middlesex 1/16/2015 Chris Walsh 6th Middlesex 1/16/2015 Marian T. Ryan, Middlesex District 15 Commonwealth Avenue Woburn, 1/16/2015 Attorney MA 01801 RoseLee Vincent 16th Suffolk 9/13/2019 Steven S. Howitt 4th Bristol 9/13/2019 David M. Rogers 24th Middlesex 9/13/2019 Jay R. Kaufman 15th Middlesex 9/13/2019 James Arciero 2nd Middlesex 2/4/2015 Cory Atkins 14th Middlesex 2/4/2015 Gailanne M. Cariddi 1st Berkshire 2/4/2015 Marcos A. Devers 16th Essex 2/3/2015 Sal N. DiDomenico Middlesex and Suffolk 2/4/2015 James J. Dwyer 30th Middlesex 2/4/2015 Ann-Margaret Ferrante 5th Essex 2/4/2015 Colleen M. Garry 36th Middlesex 2/4/2015 Carmine L. Gentile 13th Middlesex 2/4/2015 Paul R. Heroux 2nd Bristol 2/4/2015 1 of 2 Kevin J. Kuros 8th Worcester 2/4/2015 Jay D. Livingstone 8th Suffolk 2/3/2015 Joseph W. McGonagle, Jr. 28th Middlesex 2/4/2015 Joseph D. McKenna 18th Worcester 2/4/2015 James M. Murphy 4th Norfolk 2/4/2015 Keiko M. Orrall 12th Bristol 2/4/2015 Daniel J. Ryan 2nd Suffolk 2/4/2015 John W. Scibak 2nd Hampshire 2/4/2015 Benjamin Swan 11th Hampden 2/3/2015 2 of 2 HOUSE DOCKET, NO. 2982 FILED ON: 1/16/2015 HOUSE . No. 1206 By Mr. Brodeur of Melrose, a petition (accompanied by bill, House, No. 1206) of Paul Brodeur and others relative to penalties for property crimes against elderly or disabled persons. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Eighty-Ninth General Court (2015-2016) _______________ An Act to protect property of elder or disabled persons. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1: Chapter 266, Section 30 is amended by adding subsection (6), as follows: 2 (6) Whoever, without consent of the owner, obtains possession or control over the 3 property of another, sixty years of age or older, or of a person with a disability as defined in 4 section thirteen K of chapter two hundred and sixty-five, if the value of such property exceeds 5 one thousand dollars, shall be guilty of unlawful possession of property, and shall be punished by 6 imprisonment in the state prison for not more than five years or in the house of correction for not 7 more than two and one-half years, or by a fine of not more than twenty-five thousand dollars or 8 by both such fine and imprisonment; if the property is an interest in real estate, whoever is guilty 9 of unlawful possession of property shall be punished by imprisonment in the state prison for not 10 more than ten years or in the house of correction for not more than two and one-half years, or by 11 a fine of not more than fifty thousand dollars or by both such fine and imprisonment, and shall 12 restore or forfeit such interest in real estate to the owner. The court may order, regardless of the 1 of 2 13 value of the property, restitution to be paid to the victim commensurate with the value of the 14 property. If there is a caretaker as defined in section thirteen K of chapter two hundred and 15 sixty-five for the person who is the owner, the consent of the owner shall not be deemed 16 voluntary and lawful to convey the property unless witnessed in writing by the caretaker. A 17 caretaker may not witness the consent of the owner if the caretaker intends to receive or does 18 receive any interest in the property conveyed or any other benefit as witness. 2 of 2.
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