Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1688 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2444 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1688
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Frank A. Moran
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 to prevent the imposition of mandatory minimum sentences based on juvenile
13	13	adjudications.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/19/2023Estela A. Reyes4th Essex2/8/2023Lindsay N. Sabadosa1st Hampshire2/8/2023Margaret R. Scarsdale1st Middlesex3/8/2023Brandy Fluker Oakley12th Suffolk3/10/2023 1 of 3
17	17	HOUSE DOCKET, NO. 2444 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1688
19	19	By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1688) of
20	20	Frank A. Moran and others relative to mandatory minimum sentences based on juvenile
21	21	adjudications. The Judiciary.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to prevent the imposition of mandatory minimum sentences based on juvenile
28	28	adjudications.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 52 of chapter 119 of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by striking out, in line 24, the words “, (c) or (d)” and
33	33	3inserting in place thereof the following words:- or (c).
34	34	4 SECTION 2. Said section 52 of said chapter 119, as so appearing, is hereby amended by
35	35	5striking out, in lines 24 through 28, the words “; provided that, nothing in this clause shall allow
36	36	6for less than the imposition of the mandatory commitment periods provided in section fifty-eight
37	37	7of chapter one hundred and nineteen”
38	38	8 SECTION 3. Section 54 of said chapter 119, as so appearing, is hereby amended by
39	39	9striking out, in line 26, the words “, (c) or (d)” and inserting in place thereof the following
40	40	10words:- or (c). 2 of 3
41	41	11 SECTION 4. Section 58 of said chapter 119, as so appearing, is hereby amended by
42	42	12striking out the seventh and eighth paragraphs.
43	43	13 SECTION 5. Subsection (d) of section 10 of chapter 269 of the General Laws, as so
44	44	14appearing, is hereby amended by adding the following 2 sentences to the end thereof:- For
45	45	15purposes of this section, any type of juvenile adjudication shall not be considered a prior
46	46	16conviction and shall not be used as a prior predicate conviction that triggers an enhanced
47	47	17sentence for an adult or for a juvenile. For purposes of this subsection, a juvenile adjudication
48	48	18shall include, but not be limited to, a delinquent child or youthful offender adjudication, a
49	49	19juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that
50	50	20would be a juvenile adjudication in the commonwealth.
51	51	21 SECTION 6. Section 10G of said chapter 269, as so appearing, is hereby amended by
52	52	22striking out, in lines 36 and 37, the words “have the meaning set forth in section 121 of chapter
53	53	23140” and inserting in place thereof the following words:- shall mean any crime punishable by
54	54	24imprisonment for a term exceeding 1 year that: (i) has as an element of the offense the use,
55	55	25attempted use or threatened use of physical force or a deadly weapon against the person of
56	56	26another; (ii) is burglary, extortion, arson or kidnapping; or (iii) involves the use of explosives.
57	57	27 SECTION 7. Said section 10G of said chapter 269, as so appearing, is hereby amended
58	58	28by adding the following sentence to the end thereof:- (f) For purposes of this section, any type of
59	59	29juvenile adjudication shall not be considered a prior conviction and shall not be used as a prior
60	60	30predicate conviction that triggers an enhanced sentence for an adult or a juvenile. For purposes of
61	61	31this subsection, a juvenile adjudication shall include, but not be limited to, a delinquent child or 3 of 3
62	62	32youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult
63	63	33conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth.
64	64	34 SECTION 8. Notwithstanding any general or special law to the contrary, if any person is
65	65	35currently serving a sentence pursuant to section 10 of chapter 269 or section 10G of chapter 269,
66	66	36including being on probation or parole, where a juvenile adjudication, including but not limited
67	67	37to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another
68	68	38jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in
69	69	39the commonwealth, has been used as a prior predicate conviction, then such person shall be
70	70	40resentenced without that juvenile adjudication being used as a prior predicate conviction. If a
71	71	41defendant is resentenced under this section, the sentence shall not be increased in length of
72	72	42committed time, probation, or parole.