Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1781 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. 3412 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1781
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey Rosario Turco and Steven George Xiarhos
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 drug induced homicide.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey Rosario Turco19th Suffolk1/20/2023Steven George Xiarhos5th Barnstable1/20/2023Patrick Joseph Kearney4th Plymouth2/16/2023Jessica Ann Giannino16th Suffolk2/28/2023 1 of 3
16	16	HOUSE DOCKET, NO. 3412 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1781
18	18	By Representatives Turco of Winthrop and Xiarhos of Barnstable, a petition (accompanied by
19	19	bill, House, No. 1781) of Jeffrey Rosario Turco, Steven George Xiarhos and others relative to
20	20	drug induced homicide. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to drug induced homicide.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Any person while in the course of trafficking or unlawfully distributing a
30	30	2Class A controlled substance, as defined in Section 31 of Chapter 94C, who knowingly or
31	31	3intentionally manufactures, distributes, dispenses, delivers, or provides any amount of a Class A
32	32	4controlled substance or counterfeit substance which results in death shall be punished for a term
33	33	5up to life in prison.
34	34	6 SECTION 2. Any person who, in good faith, without malice and in the absence of
35	35	7evidence of an intent to defraud seeks medical assistance for someone experiencing a Class A
36	36	8controlled substance overdose as defined in Section 34A of Chapter 94C shall not be charged or
37	37	9prosecuted for a violation of Section 1.
38	38	10 SECTION 3.
39	39	11 (A) Notwithstanding any general or special law to the contrary, there is hereby
40	40	12established a permanent commission to oversee the effectiveness of drug induced homicide laws 2 of 3
41	41	13and review every drug induced homicide conviction in the Commonwealth of Massachusetts.
42	42	14The commission shall investigate and collect data to ensure there is no prejudice in charging or
43	43	15sentencing individuals who violate drug induced homicide laws, that prosecutors are providing
44	44	16treatment first options for individuals suffering from substance use disorder, and that sentencing
45	45	17is based on the judge’s discretion on a case-by-case basis and that there is no minimum
46	46	18mandatory sentence for drug induced homicide.
47	47	19 (B) The commission shall consist of the secretary of public safety or a designee; the
48	48	20Chief Justice of the Trial court or a designee; the President of the Massachusetts District
49	49	21Attorney’s Association of a designee; the President of the Massachusetts Bar Association or a
50	50	22designee; the Colonel of the Massachusetts State Police or a designee; the President of the
51	51	23Massachusetts Police Chiefs Association of a designee; 1 member of the house of representatives
52	52	24appointed by the speaker of the house of representatives; 1 member of the senate appointed by
53	53	25the senate president; 1 member of the house of representatives appointed by the minority leader
54	54	26of the house of representatives; 1 member of the senate appointed by the senate minority leader;
55	55	271 member appointed by the Attorney General; and 3 members appointed by the governor, 1 of
56	56	28whom shall be a whom shall be an individual with expertise in substance use and recovery, 1 of
57	57	29whom shall be an individual with expertise in racial justice, and 1 of whom shall be an individual
58	58	30with expertise in law enforcement.
59	59	31 (C) The commission shall be established no less than 90 days after passage of this act.
60	60	32The Commission shall convene every 120 days and present a report and recommendations for
61	61	33charges to improve drug induced homicide law with the governor, attorney general, the clerks of
62	62	34the house and senate, the house and senate chairs of the joint committee on judiciary, and the 3 of 3
63	63	35Massachusetts District Attorney’s Association no later than 365 days following the passage of
64	64	36this act.
65	65	37 (D) Annually, The Commission shall, not later than June 30, reassess and report on drug
66	66	38induced homicide laws and any policy recommendations to the governor, attorney general, the
67	67	39clerks of the house and senate, the joint committee on judiciary, and the Massachusetts District
68	68	40Attorney’s Association.
69	69	41 (E) Appointed members shall serve terms of 2 years and until their successors are
70	70	42appointed, or the member is reappointed by their appointing or nominating authority. Vacancies
71	71	43in the membership of the commission shall be filled by the original appointing authority for the
72	72	44balance of the unexpired term.