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| 2 | 2 | | HOUSE DOCKET, NO. 3694 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1766 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Priscila S. Sousa |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act regularizing sentencing for hate crimes. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Priscila S. Sousa6th Middlesex1/20/2023Marian RyanMiddlesex District Attorney1/20/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3694 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1766 |
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| 18 | 18 | | By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 1766) of |
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| 19 | 19 | | Priscila S. Sousa and Marian Ryan relative to sentencing for hate crimes. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Third General Court |
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| 23 | 23 | | (2023-2024) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act regularizing sentencing for hate crimes. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1: Section 37 of chapter 265 of the General Laws, as appearing in the 2021 |
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| 29 | 29 | | 2official edition, is hereby amended by inserting after the words “or both” in line 7 the following: |
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| 30 | 30 | | 3 “A person convicted or receiving a continuance without a finding under the provisions of |
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| 31 | 31 | | 4this section shall complete a diversity awareness program designed by the secretary of the |
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| 32 | 32 | | 5executive office of public safety in consultation with the Massachusetts commission against |
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| 33 | 33 | | 6discrimination and approved by the chief justice of the trial court, unless, upon good cause |
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| 34 | 34 | | 7shown, the court issues specific written findings describing the reason that such program should |
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| 35 | 35 | | 8not be ordered. If the court finds that the defendant was motivated by race, color, religion, |
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| 36 | 36 | | 9national origin, sexual orientation, gender identity, or disability, the court shall order such |
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| 37 | 37 | | 10program. A person so convicted or granted a continuance without a finding shall complete such |
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| 38 | 38 | | 11program prior to release from incarceration or prior to completion of the terms of probation, |
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| 39 | 39 | | 12whichever is applicable.” 2 of 2 |
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| 40 | 40 | | 13 SECTION 2: Subsection (b) of section 39 of chapter 265 of the General Laws, as |
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| 41 | 41 | | 14appearing in the 2021 official edition, is hereby amended by striking the second paragraph. |
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| 42 | 42 | | 15 Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is |
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| 43 | 43 | | 16hereby further amended by inserting after the words “A person convicted” the following: |
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| 44 | 44 | | 17 “or receiving a continuance without a finding” |
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| 45 | 45 | | 18 Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is |
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| 46 | 46 | | 19hereby further amended by inserting after the words “A person so convicted” the following: |
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| 47 | 47 | | 20 “or granted a continuance without a finding” |
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