Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1766 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 3694       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1766
The Commonwealth of Massachusetts
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PRESENTED BY:
Priscila S. Sousa
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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 regularizing sentencing for hate crimes.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Priscila S. Sousa6th Middlesex1/20/2023Marian RyanMiddlesex District Attorney1/20/2023 1 of 2
HOUSE DOCKET, NO. 3694       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1766
By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 1766) of 
Priscila S. Sousa and Marian Ryan relative to sentencing for hate crimes. The Judiciary.
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 regularizing sentencing for hate crimes.
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 37 of chapter 265 of the General Laws, as appearing in the 2021 
2official edition, is hereby amended by inserting after the words “or both” in line 7 the following:
3 “A person convicted or receiving a continuance without a finding under the provisions of 
4this section shall complete a diversity awareness program designed by the secretary of the 
5executive office of public safety in consultation with the Massachusetts commission against 
6discrimination and approved by the chief justice of the trial court, unless, upon good cause 
7shown, the court issues specific written findings describing the reason that such program should 
8not be ordered. If the court finds that the defendant was motivated by race, color, religion, 
9national origin, sexual orientation, gender identity, or disability, the court shall order such 
10program. A person so convicted or granted a continuance without a finding shall complete such 
11program prior to release from incarceration or prior to completion of the terms of probation, 
12whichever is applicable.” 2 of 2
13 SECTION 2: Subsection (b) of section 39 of chapter 265 of the General Laws, as 
14appearing in the 2021 official edition, is hereby amended by striking the second paragraph.
15 Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is 
16hereby further amended by inserting after the words “A person convicted” the following:
17 “or receiving a continuance without a finding”
18 Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is 
19hereby further amended by inserting after the words “A person so convicted” the following:
20 “or granted a continuance without a finding”