Revision of MA State Law in the works

Sent by Jeff Kotkin of Framingham

CURRENT LAW

Here's the current law from the Massachusetts General Laws:

"PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGSIN
CRIMINAL CASES

TITLE I. CRIMES AND PUNISHMENTS

CHAPTER 266. CRIMES AGAINST PROPERTY

Chapter 266: Section 105. Stone walls or fences;
unauthorized removal

Section 105. Whoever wilfully and without right pulls
down or removes any portion of a stone wall or fence
which is erected or maintained for the purpose of
enclosing land shall be punished by a fine of not more
than ten dollars. Natural resource officers and deputy
natural resource officers of the office of the
secretary of the executive office of environmental
affairs, may arrest without a warrant any person found
violating this section."

NEW LAW -The new law, which will be filed by Rep. Pam
Richardson during the upcoming legislative session
will delete the old section 105, and insert a new one
which reads:

"Whoever willfully and without the consent of the
owner pulls down or removes any position of a stone
wall or fence of another shall be punished by
imprisonment in a house of correction for not more
than 6 months or by a fine of not more than $500 or
not more than 3 times the value of the property so
pulled down or removed, whichever is greater, or both
such imprisonment and find, and shall also be required
to pay for the replacement or reconstruction of such
stone wall or fence: provided, however, that when a
fine is levied pursuant to the value of the property
pulled down or removed, the court shall, after
conviction, conduct an evidentiary hearing to
ascertain the cost for the replacement or
reconstruction of such stone wall or fence.

A police officer may arrest any person for commission
of the offenses prohibited prohibited by this section
without a warrant if said police officer has probable
cause to believe that said person has committed the
offenses prohibited by this section.

Upon conviction for said offense, the individual's
driver's license shall be suspended for 1 year. If the
individual convicted of pulling down or removing such
stone wall or fence is under the age of 16, 1 year
shall be added to the minimum age for driving of said
individual."

January 8, 2009 : STORY OF THE WEEK - NATIONAL TRU