Xiarhos testimony in favor of legislation to provide additional protection against assault and battery
Submitted to the Joint Committee on the Judiciary – May 16, 2023
May 16, 2023
Hon. James B. Eldridge, Senate Chair
Joint Committee on the Judiciary
The State House, Room 511-C
Boston, MA 02133
Hon. Michael S. Day, House Chair
Joint Committee on the Judiciary
The State House, Room 136
Boston, MA 02133
Re: Testimony in Support of House Bills 1823 and 1825
Dear Senator Eldridge and Representative Day:
I write to testify in support of the passage of House Bill 1825, An Act relative to enhanced penalties for those who commit assault and battery against school sports officials, and House Bill 1823, An Act relative to assault and battery against healthcare personnel, school officials, and first responders. I am proud to be the sponsor of both of these bills.
I believe these bills are necessary and appropriate to fix loopholes in existing law regarding the crime of assault and battery against people who serve the public as first responders, school officials, nurses, or school sports officials, and police dogs. I strongly believe these people deserve added legal protection by providing police enhanced power of arrest with regard to crimes committed against them, as well as additional penalties for crimes committed against them.
Under Massachusetts law the crime of assault and battery is governed by Section 13A of Chapter 265 of the General Laws. Under this statute, assault and battery is classified as a misdemeanor punishable by imprisonment for not more than 2 ½ years in a house of correction or by a fine of not more than $1,000.
Because assault and battery is classified as a misdemeanor, police officers in the Commonwealth do not have the power of arrest unless the crime involved a breach of the peace, or if it was committed in the presence or view of the officer, or if it was still continuing at the time of the arrest or only interrupted, so that the offense and the arrest formed parts of one transaction. See Commonwealth v. Mekalian, 346 Mass. 496 (1963) and Commonwealth v. Gorman, 288 Mass. 294 (1934).
In recent years the Legislature has recognized that the punishment for assault and battery and the lack of the power of arrest is insufficient to address certain situations. With that in mind, the Legislature has given police the power of arrest without a warrant for assault and battery committed against a family or household member or in violation of a restraining order (Section 28 of Chapter 276). The Legislature also has enhanced penalties for assault and battery resulting in serious bodily injury, or committed against pregnant women or victims of domestic abuse (Section 13A of Chapter 265). Likewise, the Legislature has enhanced the penalty for assault and battery against a police officer or a public employee while such person is engaged in the performance of their official duties (Section 13D of Chapter 265).
While these recent changes are welcome to help address assault and battery against certain classes of vulnerable individuals, they are still insufficient to safeguard certain other individuals who deserve enhanced protection because of the nature of their professional work.
One of the areas where this is most apparent, sadly, is with regard to assault and battery committed against school sports officials. We have all seen the headlines about referees and other officials at school sporting events who have been the victims of intimidation, verbal abuse, and in some cases assault and battery while the course of their work. The most recent notable case of this crime occurred in late December in Cohasset, where police allege that a high school basketball referee was punched in the face by a 17-year-old player during a game.
These sorts of cases highlight two deficiencies with existing law. First, police often lack the power of arrest in cases of assault and battery against school sports officials because those officials are not full-time employees (they either volunteer their time or work as part-time independent contractors) and therefore do not fall under the protections of Section 13D of Chapter 265. Second, the existing penalties for assault and battery are not sufficient to deter these crimes, and are not parallel to the enhanced penalties afforded to cases of similar assault against similarly-situated full-time public employees.
House Bill 1825 would fix this loophole in existing law by clarifying that the enhanced protections of Section 13D of Chapter 265 would apply to any person who serves as a referee, umpire, linesman, timer or scorer, or who serves in a similar capacity, while working, supervising or administering a sports event, including but not limited to a school sports event, and who is registered as a member of a local, state, regional, or national organization that is engaged in providing education and training to sports officials, and regardless of whether such a person serves as a volunteer, independent contractor, or contract employee. According to information available from the National Association of Sports Officials, this language is similar to legislation that has been adopted by several other states and which is being considered in several other state legislatures this session.
Sports officials are not the only ones who should be afforded enhanced protection under the law. House Bill 1823 seeks to add to the list of protected persons set forth in Section 13A of Chapter 265. The intent of this bill is to apply enhanced penalties to assault and battery committed against: (1) any first responder; (2) any teacher, school librarian, school adjustment counselor, school nurse, school social worker or school psychologist in any public school; (3) a registered nurse or licensed practical nurse, (4) a person serving as a referee or other official of a school athletic event, or (5) a police dog, all while actively engaged in the performance of their respective professional duties. Under these new provisions, assault and battery committed against any of these individuals would be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2 ½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment. It is important to note that existing provisions of Section 13A would not be changed for those already protected by law.
As a former police officer and Deputy Police Chief, I believe these enhanced penalties and power of arrest are just and reasonable to protect people who actively serve the public and who, by the nature of their professional work, place themselves in a vulnerable and dangerous position each and every day. I believe the Legislature should do everything within its power to make sure that crimes against these individuals are thoroughly investigated and prosecuted to the fullest extent of the law, and that those found guilty of these offenses are punished with appropriate consideration of the seriousness of the crime they committed.
It is for these reasons that I respectfully encourage the Joint Committee on the Judiciary to issue a favorable report on House Bills 1823 and 1825 and to recommend them for passage by the Legislature this session.
Thank you for your consideration of these important pieces of legislation.
Sincerely,
/s/ Steven G. Xiarhos
State Representative (R – 5th Barnstable)
Xiarhos Secures State Funding for Local Projects
April 27, 2023
BOSTON, Mass. – State Representative Steve Xiarhos (R – 5th Barnstable) is pleased to announce that the House of Representatives has voted to approve significant funding for the towns of Sandwich, Barnstable, and Bourne as part of its Fiscal Year 2024 Budget debate.
The House version of next year’s state Budget includes almost $8 billion of Local Aid for cities and towns across Massachusetts. Importantly, the Budget increases funding for Chapter 70 school aid from last year, dedicating an additional $595.8 million to the Commonwealth’s school districts for a total investment of $6.59 billion. Locally, these funds will benefit communities in the 5th Barnstable District as follows:
Chapter 70 Aid
| Barnstable | $24,752,053 |
| Bourne | $5,472,583 |
| Sandwich | $7,508,068 |
Unrestricted General Government Aid
| Barnstable | $2,475,596 |
| Bourne | $1,725,277 |
| Sandwich | $1,326,537 |
The House Budget also invests $107.9 million for regional school transportation, $506.1 million for Special Education Circuit Breaker reimbursements, and $230.3 million for Charter School aid statewide.
According to Xiarhos, the House Budget also contains funding he requested for several important local projects in the 5th Barnstable District, including:
• $18,000 for the installation of an emergency access rescue jet ski launch site for use by first responders at Sandy Neck Park beach in Barnstable;
• $25,000 for recreational improvements to the Henry T. Wing housing complex in Sandwich, and,
• $25,000 for the purchase of a trailer to serve as a temporary fire station for firefighters in Bourne.
Xiarhos additionally was proud to be a co-sponsor of funding requests for $150,000 to be expended for shellfish propagation in Barnstable, Dukes and Nantucket counties, and $50,000 for the Buzzards Bay Coalition, Inc. to conduct a coastal water quality and natural resource monitoring program in Buzzards Bay and Vineyard Sound.
“As State Representative, an important part of my job is to secure state resources to help fund important local projects and programs in Sandwich, Barnstable, and Bourne,” Xiarhos said. “The funds in the Fiscal Year 2024 House Budget will help to bring community projects to fruition and also take pressure off property taxpayers to fund these initiatives. I am especially happy that the House has made an additional investment in education and programs that will help to protect the environmental integrity of Cape Cod and Buzzards Bay.”
Following passage of the House’s spending plan, the bill now will proceed to the Senate for its consideration next month, with the goal of having a final Budget signed into law by the Governor prior to the beginning of the state’s fiscal year on July 1.
About Steven Xiarhos
Steve Xiarhos is a resident of West Barnstable and was elected to serve as State Representative for the 5th Barnstable District in 2020.
Currently, Xiarhos serves as a member of the House Ways and Means committee, which plays a crucial role in shaping the state’s budget and fiscal policies, including laws regarding revenue, and making recommendations on state expenditures. In this capacity, Xiarhos is well-positioned to work on policies that have a direct impact on the economic well-being and prosperity of Cape Cod residents. In addition to serving on the Ways and Means Committee, Xiarhos serves as the Ranking Minority Member on the Joint Committee on Veterans and Federal Affairs, Assistant Ranking Minority Member on the Joint Committee on Public Safety and Homeland Security, and as a member of the Joint Committee on Mental Health, Substance Use and Recovery.
Steve Xiarhos spent forty years serving the people of Cape Cod as a member of the Yarmouth Police Department, retiring in late 2019 from the position of Deputy Chief of Police. He also remains active in many charitable and civic causes including, but not limited to, the Nicholas G. Xiarhos Memorial Fund (which was created in memory of Steve’s son, Nick, who was a Marine killed in combat in Afghanistan in 2009).
The 5th Barnstable District in the Massachusetts House of Representatives consists of: the entire town of Sandwich; Precincts 10, 11, and 12 in the Town of Barnstable; and, Precincts 1, 2, 3, 5A, 7 in the Town of Bourne.
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CANINE BLOOD DRIVE TO BE HELD IN BOURNE ON APRIL 12
April 10, 2023
BOSTON – State Representative Steve Xiarhos (R – 5th Barnstable) is asking dog owners across Cape Cod and southeast Massachusetts to stop by the Bourne Police Station this Wednesday for a Canine Blood Drive.
The first annual Cape Cod Veterinary Specialists (CCVS) Canine Blood Drive is taking place this Wednesday, April 12, from 10:00am – 2:00pm at the Bourne Police Station, located at 35 Armory Road, Buzzards Bay, Massachusetts 02532. It is being hosted by CCVS, the Bourne Police Department, and State Representative Xiarhos. CCVS team members will be on-hand to educate the community about the animal hospital’s blood bank and to screen eligible canines that are interested in participating.
According to Xiarhos, the blood drive was organized in honor of K9 Nero, a police service dog who was critically injured in the line of duty on April 12, 2018, as well as in loving memory of Yarmouth Police Sgt. Sean Gannon, who lost his life in the line of duty that same day. Xiarhos served as Deputy Chief of Police in Yarmouth at the time, and has made honoring Sgt. Gannon’s memory and the service of K9 Nero one of several cornerstones of his elected service to the community as State Representative.
K9 Nero is the namesake for a bill passed into law last year that permits emergency medical personnel to administer life-saving medical treatment to injured police dogs and to transport them to the hospital. “Nero’s Law” already has been used by several law enforcement agencies to provide assistance to injured police dogs, and its success in Massachusetts has inspired similar legislation to be considered by several other states this year.
“By holding this first annual canine blood drive on the five year anniversary of the tragic events that caused harm in the line of duty, we’re helping to keep Sgt. Gannon’s memory alive and to honor his service and sacrifice alongside that of his K9 partner, Nero,” Xiarhos said. “We are also hoping to provide much-needed medical resources to help service dogs and other pets who are injured and require emergency medical treatment. Animals like K9 Nero have been brought to CCVS in critical condition and need quick access to life-saving resources like blood in order to keep them alive in an emergency.”
The blood drive is one of several initiatives Xiarhos has been promoting to honor the service of Sgt. Gannon and K9 Nero. This session, Xiarhos has filed legislation to establish a fund to help pay for medical treatment and sustaining resources for police dogs in their later years, after their active duty service ends. The bill is commonly referred to as “Dakota’s Bill,” in honor of police K9 Dakota who was part of the law enforcement response to the Boston Marathon Bombings in 2013 and who suffered from post-traumatic stress injuries as a result of that service.
“These animals risk their lives to help keep their human handlers and members of the public safe,” Xiarhos said. “It is only right that we should honor their service by helping to pay for their care once they retire. Even though their service to the community has ended, these animals have ongoing needs which their caregivers need help meeting going forward. This bill aims to help address those needs.”
Steve Xiarhos is State Representative for the 5th Barnstable District, which consists of the town of Sandwich and portions of Barnstable and Bourne. Prior to serving in the Legislature, Xiarhos worked as a Yarmouth police officer for four decades, retiring from the position of Deputy Chief of Police in late 2019.
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Xiarhos Appointed to Serve on Four Key Legislative Committees
February 22, 2023
BOSTON – BOSTON, Mass. – State Representative Steve Xiarhos (R – 5th Barnstable) is pleased to announce that he has been appointed to serve as a member of the Joint Committee on Ways and Means for the 2023-2024 Legislative Session.
As a member of the Ways and Means committee, Xiarhos will play a crucial role in shaping the state’s budget and fiscal policies, including laws regarding revenue, and making recommendations on state expenditures. In this capacity, Xiarhos will be well-positioned to work on policies that have a direct impact on the economic well-being and prosperity of Cape Cod residents.
In addition to serving on the Ways and Means Committee, Xiarhos also will serve as the Ranking Minority Member on the Joint Committee on Veterans and Federal Affairs, Assistant Ranking Minority Member on the Joint Committee on Public Safety and Homeland Security, and as a member of the Joint Committee on Mental Health, Substance Use and Recovery.
“I am honored to have been selected for these committee assignments, and I look forward to having these committees get down to work soon,” Xiarhos said. “I appreciate the opportunity to work directly on issues that affect the economic prosperity, public safety, and well-being of the people who live in the 5th Barnstable District. In particular, I believe my past professional experience as a Deputy Police Chief, as well as my perspective as a Gold Star Father, will help to guide me in my work on these committees.”
Xiarhos was assigned to serve on legislative committees by House Minority Leader Bradley H. Jones, Jr. (R – North Reading), who praised Xiarhos’ work to-date as a member of the Legislature since 2021.
“As a Gold Star Father who recently completed a 40-year career in law enforcement, Steve has been an outspoken advocate for our veterans, military families and first responders, and will continue to prioritize their needs by returning to the Veterans and Federal Affairs and Public Safety and Homeland Security committees this session,” Jones said. “Steve’s new committee assignments will ensure that he also plays an active role over the next two years in the state budget process and in helping the Commonwealth to address many critical mental health and substance addiction issues.”
Steve Xiarhos is State Representative for the 5th Barnstable District, which consists of the town of Sandwich and portions of Barnstable and Bourne. Prior to serving in the Legislature, Xiarhos worked as a Yarmouth police officer for four decades, retiring from the position of Deputy Chief of Police in late 2019.
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Xiarhos advocates for use of federal funds for Cape Cod infrastructure projects
November 23, 2021
BOSTON – State Representative Steve Xiarhos (R – 5th Barnstable) sent a letter to state and federal officials on Tuesday, asking for cooperation to make sure Cape Cod receives its fair share of federal spending to support infrastructure needs.
“As a State Representative, I see it as my job to make sure I advocate for the 5th Barnstable District and its residents to receive as much benefit as possible following the passage of federal spending bills,” Xiarhos said. “The question of whether this money will be spent is no longer up for debate; these bills were passed into law by Congress. Now, the mission is to make sure Cape Cod residents reap the benefit of this spending and get their fair share of money allocated for local projects. We have extremely important infrastructure needs here on Cape Cod, and these needs should be addressed with new spending being undertaken.”
In his letter, Xiarhos cites several different areas in need of prioritized spending, including:
- Adequate funds for the replacement of the Bourne and Sagamore Cape Cod Canal bridges. “I ask that you please join with me in supporting sufficient funding for this important infrastructure project so that work can begin to replace these bridges as soon as possible,” Xiarhos said.
- Measures to bolster the resiliency of coastal areas. “I have personally spoken with countless local residents who deal with flooding on a regular basis and whose homes are in danger of slipping into the sea… It is extremely important for us to take bold action to protect homeowners and their property, both now and in the future,” Xiarhos said.
- Funding to address wastewater and drinking water issues on Cape Cod, including safeguards to remove Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) from drinking water and the food chain. “Of all the infrastructure projects we have in front of us, issues with wastewater and the quality of our drinking water are perhaps most closely-related to the everyday health of Cape Cod residents,” Xiarhos said.
- Efforts to improve broadband access for Cape Cod residents. “Broadband improves public safety through more reliable communication, it enhances business and commercial interests, and it improves the delivery of education services to our students. The more than 200,000 year-round residents of Cape Cod need quality broadband access to fuel all of these needs, now and in the future,” Xiarhos said.
- Public safety needs, including the construction of new fire stations in Bourne, Barnstable, and Plymouth, and additional funding for more behavioral health and addiction facilities to help keep Cape Cod residents healthy amidst the dangers of substance use.
- Additional funding for the creation of affordable housing here on Cape Cod. “It is vitally important that we keep Cape Cod a place that is affordable for people to live, work and raise a family. Having adequate and quality affordable housing resources available is an especially important part of this equation,” Xiarhos said.
In his letter, which was sent to United States Senators Markey and Warren, Congressman Keating, and Governor Baker, Xiarhos offered to serve as a liaison between local communities and government agencies to make sure adequate funding is dedicated to specific local projects over time.
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November 23, 2021
Dear Senator Markey, Senator Warren, Congressman Keating and Governor Baker:
My understanding is that the Commonwealth of Massachusetts is currently slated to receive nearly $14 billion in supplemental federal funding. These funds include nearly $5 billion associated with pandemic relief measures, a portion of which is still being debated by the Legislature. They also include about another $9 billion of transportation and infrastructure funds recently approved by President Biden.
Despite my personal concerns about the fiscal responsibility of this spending, the passage of these bills into law means the primary question now is not whether this money will or should be spent, but rather how and where these appropriated funds will be dedicated. I expect there will be continued debate in coming months as to exactly which individual projects should be funded on the local level. This is an important conversation for all involved.
I am writing to you as the State Representative representing the 5th Barnstable District of Massachusetts (Sandwich and portions of Bourne, Barnstable, and Plymouth) to advocate and respectfully request your cooperation in making sure that Cape Cod and its residents receive significant disbursement of federal funds for several important projects.
First, I request your assistance in making sure that adequate funds are dedicated to the replacement of the two Cape Cod Canal bridges in Bourne and Sagamore. These bridges are vital transportation links for Cape Cod, not only serving as a gateway for the summer tourist economy on which the Cape relies, but also providing a link for local commerce. As the bridges age, they not only threaten to undermine the economic vitality of Cape Cod, but also endanger the public safety of Cape Cod residents as they travel to and from the mainland. I ask that you please join with me in supporting sufficient funding for this important infrastructure project so that work can begin to replace these bridges as soon as possible.
Second, I request your assistance in dedicating funds to help with measures to bolster the resiliency of our coastal areas. I have personally spoken with countless local residents who deal with flooding on a regular basis and whose homes are in danger of slipping into the sea. Forecasts of rising sea levels in coming years pose an ominous threat for an area such as Cape Cod with extremely flat topography and extensive low-lying areas. It is extremely important for us to take bold action to protect homeowners and their property, both now and in the future.
Third, I am asking that you take action to dedicate funding to address wastewater and drinking water issues on Cape Cod. Of all the infrastructure projects we have in front of us, issues with wastewater and the quality of our drinking water are perhaps most closely-related to the everyday health of Cape Cod residents. Aging infrastructure on Cape Cod needs to be addressed and systems need to be upgraded or replaced to adequately handle current needs and uses. These systems also need to be designed to accommodate increased use in future years as development puts more strain on available resources. We also require additional safeguards to protect against environmental contamination by Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). The intrusion of these long-lasting, harmful chemicals into our drinking water, our oceans, and our food chain is of particular concern on Cape Cod, where we have such a fragile seashore ecosystem.
Fourth, I ask you to also consider more modern needs as you dedicate infrastructure dollars to our state, and that efforts be made to improve broadband access for Cape Cod residents. With each passing year, our residents rely more and more on fast, reliable Internet service as part of their daily lives. Broadband improves public safety through more reliable communication, it enhances business and commercial interests, and it improves the delivery of education services to our students. The more than 200,000 year-round residents of Cape Cod need quality broadband access to fuel all of these needs, now and in the future.
Fifth, I humbly suggest that certain infrastructure funds be dedicated directly to public safety needs in our communities. These needs are numerous. Of note, Bourne, Barnstable and Plymouth particularly need new fire stations / public safety buildings. Aside from basic functionality for the provision of services, having a modern building is important for preventing cancer due to occupational hazards by allowing for proper ventilation and also the cleaning of gear after exposure to carcinogens at an incident. I also encourage you to remember the ongoing struggle our region has with overdose deaths. We are in desperate need of additional funding for more behavioral health and addiction facilities to help keep Cape Cod residents safe and healthy.
Sixth, I respectfully ask that you consider ways to allocate additional funding for the creation of affordable housing here on Cape Cod. This is an important economic and quality of life concern for Cape Cod residents. It is vitally important that we keep Cape Cod a place that is affordable for people to live, work and raise a family. Having adequate and quality affordable housing resources available is an especially important part of this equation. We also need to make sure we honor commitments to our veterans and provide them with affordable housing opportunities when they return back home.
Thank you for your attention to these comments. I look forward to working along with you to make sure that appropriated funds are spent in a way that adequately meets the ever-evolving infrastructure needs of Cape Cod residents. I also invite you or members of your staff to use my office as a local resource with regard to these projects, and to serve as a liaison with local officials and other important stakeholders.
Sincerely,
Steven G. Xiarhos
State Representative, 5th Barnstable District
