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01-08-2004

Page history last edited by PBworks 17 years, 6 months ago

January 8, 2004

ROMNEY FILES BILL TO STRENGTHEN CHILD PROTECTION LAWS

 

 

Fulfilling his pledge to strengthen the Commonwealth’s child protection laws in the wake of the clergy sex abuse scandal, Governor Mitt Romney today filed legislation creating a new crime for negligent behavior that results in harm to children and increasing other penalties.

 

“All of us have a responsibility to protect children from harm. Under this legislation, if anyone were to turn a blind eye to sexual abuse of children, they will be punished,” said Romney.

 

Last year, Attorney General Tom Reilly’s report on the clergy sex abuse scandal pointed out the inadequacies of the state’s child protection statutes. At the time, Romney said he would review existing Massachusetts law with a view toward giving law enforcement the tools they need to keep children safe.

 

Massachusetts was among a minority of states that until recently had no child endangerment laws. In 2002, following news of the church sex abuse scandal, the Legislature passed a law creating a misdemeanor offense for “wanton and reckless” conduct that results in a risk of serious bodily injury or sexual abuse to a child and adding clergy to the list of mandated child abuse reporters.

 

Romney’s legislation begins where the new law left off. It creates a new misdemeanor for “criminally negligent” behavior that results in bodily injury or sexual abuse to a child. The clergy abuse scandal involved reports that church officials knew of sexual abuse allegations against certain priests, but kept them in the ministry and moved them from parish to parish.

 

Under the Romney bill, this behavior would constitute a crime, even if committed unintentionally, and would be punishable by a term in a House of Correction for up to two-and-a-half years for the first offense or a minimum mandatory term of incarceration of one year for any subsequent offense.

 

The Romney bill also makes assault and battery with a dangerous weapon on a child under 14 a felony, making it punishable by up to five years. This mirrors the statute that heightens the punishment for assault and battery with a dangerous weapon on persons over age 65. Right now, those crimes against a child are treated no differently than if they were committed against an adult.

 

Romney’s new bill also increases the punishment provision for the “wanton and reckless” conduct law passed in 2002 to include an option that it be treated as a felony punishable by up to five years in state prison. Currently, the penalty is up to two-and-a-half years in a House of Correction.

 

“The young people of Massachusetts deserve the protection of our laws. With this legislation, police and prosecutors will have more tools available to them to assure the safety of our children,” said Romney.

 

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