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HOUSE DOCKET, NO. 2097 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 45
The Commonwealth of Massachusetts
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PRESENTED BY:
Lindsay N. Sabadosa and Liz Miranda
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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 to provide sentencing parity in criminal law.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/19/2023Liz MirandaSecond Suffolk1/21/2023Erika Uyterhoeven27th Middlesex5/5/2023 1 of 2
HOUSE DOCKET, NO. 2097 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 45
By Representative Sabadosa of Northampton and Senator Miranda, a joint petition (accompanied
by bill, House, No. 45) of Lindsay N. Sabadosa, Liz Miranda and Erika Uyterhoeven for
legislation to provide sentencing parity in criminal law. 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 to provide sentencing parity in criminal law.
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 1 of chapter 265 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out in, in lines 2 through 4, the words "or in the
3commission or attempted commission of a crime punishable with death or imprisonment for
4life,".
5 SECTION 2. Said section 1 of said section 265, as so appearing, is hereby further
6amended by inserting after the second sentence the following sentence:- Where a killing occurs
7during the commission or attempted commission of a crime punishable with imprisonment for
8life, the killing shall amount to murder for a principal perpetrator who is personally and directly
9responsible for committing the killing and acts with the same malice forethought towards the
10killing as is required for a killing to amount to murder when not done in the course or furtherance
11of another offense. 2 of 2
12 SECTION 3. Said section 1 of said chapter 265, as so appearing, is hereby further
13amended by adding the following paragraph:-
14 Notwithstanding any other provision of law, Section one shall apply to any person
15charged with murder prior to or after the effective date of this act.
16 SECTION 4. Section 2 of chapter 274 of the General Laws, as so appearing, is hereby
17amended by striking out the word “felon.”, in line 4, and inserting in place thereof the following
18words:- felon; provided, however, that in the event of a killing resulting during the commission
19or attempted commission of a felony, the killing shall amount to murder in the first degree only
20for a principal perpetrator who is personally and directly responsible for committing the killing
21and acts with the same malice forethought towards the killing as is required for a killing to
22amount to murder when not done in the course or furtherance of another offense.
23 SECTION 5. Said section 2 of said chapter 274, as so appearing, is hereby further
24amended by adding the following 2 paragraphs:-
25 Whoever aids in the commission of a killing or is accessory thereto before the fact by
26counseling, hiring, or otherwise procuring such killing to be committed but is not a principal
27perpetrator who is personally and directly responsible for committing the killing, shall be
28punished by imprisonment in the state prison for a period of not less than 2 and 1/2 years nor
29more than 25 years.
30 Notwithstanding any other provision of law, paragraph 2 shall apply to any person
31charged with aiding in the commission of a killing or who is accessory thereto before the fact by
32counseling, hiring, or otherwise procuring such killing to be committed prior to or after the
33effective date of this act.