Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1420 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 3341 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1420
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tackey Chan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to violent crimes.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/19/2023Timothy CruzMassachusetts District Attorneys
16	16	Association, 1 Bulfinch Place, Suite
17	17	202, Boston, MA 02114
18	18	1/19/2023Timothy ShugrueMassachusetts District Attorneys
19	19	Association, 1 Bulfinch Place, Suite
20	20	202, Boston, MA 02114
21	21	1/19/2023Paul TuckerMassachusetts District Attorneys
22	22	Association, 1 Bulfinch Place, Suite
23	23	202, Boston, MA 02114
24	24	1/19/2023Michael MorrisseyMassachusetts District Attorneys
25	25	Association, 1 Bulfinch Place, Suite
26	26	202, Boston, MA 02114
27	27	1/19/2023David SullivanMassachusetts District Attorneys
28	28	Association, 1 Bulfinch Place, Suite
29	29	202, Boston, MA 02114
30	30	1/19/2023Joseph EarlyMassachusetts District Attorneys
31	31	Association, 1 Bulfinch Place, Suite
32	32	202, Boston, MA 02114
33	33	1/19/2023 2 of 2
34	34	David F. DeCoste5th Plymouth1/26/2023 1 of 3
35	35	HOUSE DOCKET, NO. 3341 FILED ON: 1/20/2023
36	36	HOUSE . . . . . . . . . . . . . . . No. 1420
37	37	By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1420) of Tackey
38	38	Chan and others relative to certain violent crimes. The Judiciary.
39	39	[SIMILAR MATTER FILED IN PREVIOUS SESSION
40	40	SEE HOUSE, NO. 1486 OF 2021-2022.]
41	41	The Commonwealth of Massachusetts
42	42	_______________
43	43	In the One Hundred and Ninety-Third General Court
44	44	(2023-2024)
45	45	_______________
46	46	An Act relative to violent crimes.
47	47	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
48	48	of the same, as follows:
49	49	1 SECTION 1. Section 52 of Chapter 119 of the General Laws, as appearing in the 2020
50	50	2Official Edition, is hereby amended in line 18 by inserting after the word “committed,” the
51	51	3following words:- “while under the age of eighteen, murder in violation of section one of chapter
52	52	4two hundred sixty-five; or”
53	53	5 SECTION 2. Section 54 of Chapter 119, as so appearing, is hereby amended in line 16
54	54	6by inserting after the second paragraph the following new paragraph:-
55	55	7 “The commonwealth may proceed by complaint in juvenile court or in a juvenile session
56	56	8of a district court, as the case may be, or by indictment as provided by chapter two hundred and
57	57	9seventy-seven, if a person while under the age of eighteen is alleged to have committed an
58	58	10offense in violation of section one of chapter two hundred and sixty-five.” 2 of 3
59	59	11 SECTION 3. Section 72B of Chapter 119, as so appearing, is hereby amended by
60	60	12inserting at the beginning thereof the following:-
61	61	13 “If a person is found guilty or adjudicated delinquent by reason of murder in the first
62	62	14degree committed before his fourteenth birthday under the provisions of section one of chapter
63	63	15two hundred and sixty-five, the person shall be sentenced to 20 years with possibility of parole
64	64	16after 15 years; or if found guilty or adjudicated delinquent by reason of murder in the second
65	65	17degree, the person shall be sentenced to 15 years with possibility of parole after 10 years in
66	66	18accordance with section fifty-eight of chapter one hundred nineteen.”
67	67	19 SECTION 4. Chapter 279 of the General Laws, as so appearing, is hereby amended by
68	68	20striking out Section 24 and inserting in its place the following:-
69	69	21 Section 24. If a convict is sentenced to the state prison, except as a habitual criminal, the
70	70	22court shall not fix the term of imprisonment, but shall fix a maximum and a minimum term for
71	71	23which he may be imprisoned. The maximum term shall not be longer then the longest term fixed
72	72	24by law for the punishment of the crime of which he has been convicted, and the minimum term
73	73	25shall be a term set by the court, except that, where an alternative sentence to a house of
74	74	26correction is permitted for the offense, a minimum state prison term may not be less than one
75	75	27year. In the case of a sentence to life imprisonment, except in the case of a sentence for murder
76	76	28in the first degree, and in the case of multiple life sentences arising out of separate and distinct
77	77	29incidents that occurred at different times, where the second offense occurred subsequent to the
78	78	30first conviction, the court shall fix a minimum term which shall not be less than 15 years nor
79	79	31more than 25 years. In the case of a sentence for murder in the first degree imposed upon a
80	80	32person who has been designated pursuant to subsection (b) of section two of chapter two hundred 3 of 3
81	81	33and sixty-five as eligible for parole, the court shall fix a minimum term which shall not be less
82	82	34than 35 years.