Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1739 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 3955       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1739
The Commonwealth of Massachusetts
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PRESENTED BY:
David M. Rogers
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to life without parole.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/20/2023 1 of 2
HOUSE DOCKET, NO. 3955       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1739
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1739) of 
David M. Rogers relative to life sentences without eligibility for parole. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1852 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to life without parole.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 133A of chapter 127 of the General Laws, as appearing in the 2020 
2Official Edition, is hereby amended by adding the words "for whom the court determined that 
3they shall not be eligible for parole" after the words "at the time of the murder".
4 SECTION 2. Section 133B of chapter 127 of the General Laws, as so appearing is hereby 
5amended by striking the words "subsection (e) of" in the final paragraph. 
6 SECTION 3. Section 2 of chapter 265 of the General Laws, as so appearing, is hereby 
7amended by striking the words "shall not be eligible for parole pursuant to section 133A of 
8chapter 127" and inserting in place thereof the following:- "may be eligible for parole after a 
9term of years fixed by the court pursuant to section 24 of chapter 279; provided that the court  2 of 2
10shall set said term of years at no fewer than 35 years; and provided further, that the court may 
11determine that the person shall not be eligible for parole".
12 SECTION 4. Section 24 of chapter 279 of the General Laws, as so appearing, is hereby 
13amended by adding the following sentence to the end of the first paragraph:- In the case of a 
14sentence for murder in the first degree committed by a person on or after the person's eighteenth 
15birthday, the court either shall set a minimum term which shall be not less than 35 years or shall 
16determine that the person shall not be eligible for parole. 
17 SECTION 5. Section 25 of chapter 279 of the General Laws, as so appearing, is hereby 
18amended by adding the words "; provided, however, that the court may set parole eligibility at 35 
19years or greater for a person who would otherwise face a life sentence without eligibility for 
20parole under the provisions of this section;" after the words "enumerated in clause (i)" and after 
21the words "person's sentence for good conduct."
22 SECTION 6. This Act shall apply to persons sentenced after the effective date of this 
23Act.