Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H45 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. 2097 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 45
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lindsay N. Sabadosa and Liz Miranda
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 to provide sentencing parity in criminal law.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/19/2023Liz MirandaSecond Suffolk1/21/2023Erika Uyterhoeven27th Middlesex5/5/2023 1 of 2
16	16	HOUSE DOCKET, NO. 2097 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 45
18	18	By Representative Sabadosa of Northampton and Senator Miranda, a joint petition (accompanied
19	19	by bill, House, No. 45) of Lindsay N. Sabadosa, Liz Miranda and Erika Uyterhoeven for
20	20	legislation to provide sentencing parity in criminal law. 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 to provide sentencing parity in criminal law.
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. Section 1 of chapter 265 of the General Laws, as appearing in the 2022
30	30	2Official Edition, is hereby amended by striking out in, in lines 2 through 4, the words "or in the
31	31	3commission or attempted commission of a crime punishable with death or imprisonment for
32	32	4life,".
33	33	5 SECTION 2. Said section 1 of said section 265, as so appearing, is hereby further
34	34	6amended by inserting after the second sentence the following sentence:- Where a killing occurs
35	35	7during the commission or attempted commission of a crime punishable with imprisonment for
36	36	8life, the killing shall amount to murder for a principal perpetrator who is personally and directly
37	37	9responsible for committing the killing and acts with the same malice forethought towards the
38	38	10killing as is required for a killing to amount to murder when not done in the course or furtherance
39	39	11of another offense. 2 of 2
40	40	12 SECTION 3. Said section 1 of said chapter 265, as so appearing, is hereby further
41	41	13amended by adding the following paragraph:-
42	42	14 Notwithstanding any other provision of law, Section one shall apply to any person
43	43	15charged with murder prior to or after the effective date of this act.
44	44	16 SECTION 4. Section 2 of chapter 274 of the General Laws, as so appearing, is hereby
45	45	17amended by striking out the word “felon.”, in line 4, and inserting in place thereof the following
46	46	18words:- felon; provided, however, that in the event of a killing resulting during the commission
47	47	19or attempted commission of a felony, the killing shall amount to murder in the first degree only
48	48	20for a principal perpetrator who is personally and directly responsible for committing the killing
49	49	21and acts with the same malice forethought towards the killing as is required for a killing to
50	50	22amount to murder when not done in the course or furtherance of another offense.
51	51	23 SECTION 5. Said section 2 of said chapter 274, as so appearing, is hereby further
52	52	24amended by adding the following 2 paragraphs:-
53	53	25 Whoever aids in the commission of a killing or is accessory thereto before the fact by
54	54	26counseling, hiring, or otherwise procuring such killing to be committed but is not a principal
55	55	27perpetrator who is personally and directly responsible for committing the killing, shall be
56	56	28punished by imprisonment in the state prison for a period of not less than 2 and 1/2 years nor
57	57	29more than 25 years.
58	58	30 Notwithstanding any other provision of law, paragraph 2 shall apply to any person
59	59	31charged with aiding in the commission of a killing or who is accessory thereto before the fact by
60	60	32counseling, hiring, or otherwise procuring such killing to be committed prior to or after the
61	61	33effective date of this act.