Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1051 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2065 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1051
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	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 restoring judicial discretion in controlled substance cases.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Liz MirandaSecond Suffolk 1 of 3
16	16	SENATE DOCKET, NO. 2065 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1051
18	18	By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1051) of Liz Miranda for
19	19	legislation to restore judicial discretion in controlled substance cases. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act restoring judicial discretion in controlled substance cases.
26	26	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
27	27	forthwith make certain changes in laws relative to the administration of justice in the
28	28	Commonwealth, to permit fair sentencing of non-violent drug offenders, to reduce the rate of
29	29	incarceration in the Commonwealth occasioned, in large part, by minimum mandatory drug laws,
30	30	to prevent the application of equally severe penalties for both the more and the less culpable
31	31	offenders, and to eliminate the disproportionate impact minimum mandatory drug laws have on
32	32	minority communities, therefore it is hereby declared to be an emergency law, necessary for the
33	33	immediate preservation of the public convenience.
34	34	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
35	35	of the same, as follows:
36	36	1 Section 32 of General Law Chapter 94C, as appearing in the 2020 Official Edition is
37	37	2hereby amended as follows:
38	38	3 Paragraph (b) shall be stricken and replaced with the following: Any person convicted of
39	39	4violating this section after one or more prior convictions of manufacturing, distributing,
40	40	5dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled
41	41	6substance as defined by section thirty–one of this chapter under this or any prior law of this
42	42	7jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the
43	43	8same as or necessarily includes the elements of said offense shall be punished by a term of 2 of 3
44	44	9imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or
45	45	10house of correction for not more than two and one–half years, or a fine of not less than two
46	46	11thousand and five hundred nor more than twenty–five thousand dollars, or by both such fine and
47	47	12imprisonment.
48	48	13 Paragraph (c) and its subparagraphs shall be stricken.
49	49	14 Section 32E of General Law Chapter 94C, as appearing in the 2020 Official Edition is
50	50	15hereby amended as follows:
51	51	16 Paragraph (a) and its subparagraphs shall be stricken and replaced with the following: (a)
52	52	17Any person who trafficks in marijuana by knowingly or intentionally manufacturing,
53	53	18distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute,
54	54	19dispense, or cultivate, or by bringing into the commonwealth a net weight of fifty pounds or
55	55	20more of marijuana or a net weight of fifty pounds or more of any mixture containing marijuana
56	56	21shall be punished by a term of imprisonment in the state prison for not more than fifteen years or
57	57	22by imprisonment in a jail or house of correction for not more than two and one –half years, or a
58	58	23fine of not less than five hundred nor more than two hundred thousand dollars, or by both such
59	59	24fine and imprisonment.
60	60	25 Paragraph (b) and its subparagraphs shall be stricken and replaced with the following: (b)
61	61	26Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a), clause
62	62	27(2) of paragraph (c) or in clause (3) of paragraph (c) of Class B of section thirty –one by
63	63	28knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to
64	64	29manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18
65	65	30grams or more of a controlled substance as so defined, or a net weight of 18 grams or more of 3 of 3
66	66	31any mixture containing a controlled substance as so defined shall be punished by a term of
67	67	32imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house
68	68	33of correction for not more than two and one–half years, or a fine of not less two thousand five
69	69	34hundred dollars nor more than five-hundred thousand dollars, or by both such fine and
70	70	35imprisonment.
71	71	36 Paragraph (c) and its subparagraphs shall be stricken and replaced with the following: (c)
72	72	37Any person who trafficks in heroin or any salt thereof, a controlled substance defined in
73	73	38paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative
74	74	39thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing
75	75	40with intent to manufacture, distribute, or dispense or by bringing into the commonwealth a net
76	76	41weight of 18 grams or more of heroin or any salt thereof, a controlled substance defined in
77	77	42paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative
78	78	43thereof or a net weight of 18 grams or more of any mixture containing heroin or any salt thereof,
79	79	44a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt
80	80	45thereof, opium or any derivative thereof shall be punished by a term of imprisonment in the state
81	81	46prison for not more than 15 years or by imprisonment in a jail or house of correction for not
82	82	47more than two and one–half years, or a fine of not less two thousand five hundred dollars nor
83	83	48more than five-hundred thousand dollars, or by both such fine and imprisonment.
84	84	49 Paragraphs (c½), (c¾), and (d) and its subparagraphs shall be stricken.
85	85	50 Section 32H of General Law Chapter 94C, as appearing in the 2020 Official Edition is
86	86	51hereby stricken.