HD.5223

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out section 13D and inserting in place thereof the following section:-
SECTION 13D Assault and Battery Upon a Police Officer
Whoever commits an assault and battery upon a police officer, as defined in section 1 of chapter 90C, who is engaged in the performance of their duties at the time of such assault and battery, shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in a house of correction for not more than 2½ years, or by a fine of not more than $10,000, or by both such fine and imprisonment.
No sentence imposed under this section shall be suspended, nor shall any person convicted hereunder be eligible for probation, parole, furlough, or work release until such person shall have served at least 90 days of said sentence.
A prosecution commenced under this section shall not be continued without a finding nor placed on file.
For purposes of this section, “police officer” shall include any constable, sheriff, deputy sheriff, state police trooper, municipal police officer, environmental police officer, university or college police officer, or any other law enforcement officer empowered to make arrests under the laws of the commonwealth.
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