Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S929 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 798 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 929
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 eliminate mandatory minimum sentences related to drug offenses.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexMichael J. BarrettThird Middlesex1/31/2023Joanne M. ComerfordHampshire, Franklin and Worcester3/6/2023 1 of 9
16	16	SENATE DOCKET, NO. 798 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 929
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 929) of Cynthia Stone Creem,
19	19	Michael J. Barrett and Joanne M. Comerford for legislation to eliminate mandatory minimum
20	20	sentences related to drug offenses. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 977 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to eliminate mandatory minimum sentences related to drug offenses.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 94C of the General Laws, as appearing in the 2016 Official Edition
32	32	2as most recently amended by Chapter 69 of the Acts of 2018, is hereby amended by striking out
33	33	3section 32 and inserting in place thereof the following section:-
34	34	4 Section 32. (a) Any person who knowingly or intentionally manufactures, distributes,
35	35	5dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance
36	36	6in Class A of section 31 shall be punished by imprisonment in the state prison for not more than
37	37	710 years or in a jail or house of correction for not more than 2½ years or by a fine of not more
38	38	8than $10,000, or by both such fine and imprisonment. (b) Any person convicted of
39	39	9violating this section after 1 or more prior convictions of manufacturing, distributing, dispensing
40	40	10or possessing with the intent to manufacture, distribute or dispense a controlled substance as 2 of 9
41	41	11defined by section 31 of this chapter under this or any prior law of this jurisdiction or of any
42	42	12offense of any other jurisdiction, federal, state or territorial, which is the same as or necessarily
43	43	13includes the elements of said offense shall be punished by a term of imprisonment in the state
44	44	14prison for not more than 15 years. No sentence imposed under the provisions of this section
45	45	15shall be punished by a fine of more than $25,000.
46	46	16 SECTION 2. Section 32A of Chapter 94C of the General Laws, as so appearing, is
47	47	17hereby further amended by striking out in the paragraph (a) the words “less than $1,000 nor” an
48	48	18said section is further amended by striking in paragraph (b) the words “not less than $2,500 and”
49	49	19and in paragraph (c) by striking each time they appear, the words “not less than $1,000 and” in
50	50	20paragraph (d) by string the words “less than $2,500 nor”.
51	51	21 SECTION 3. Chapter 94C of the General Laws, as so appearing, is hereby further
52	52	22amended by striking out in section 32B paragraph (a) the words “less than $500 nor” and in
53	53	23paragraph (b) by striking out, each time they appear, the words “less than $1,000 nor”.
54	54	24 SECTION 4. Section 32C of Chapter 94C of the General Laws, as so appearing, is
55	55	25hereby further amended by striking out in paragraph (a) the words “less than $500 nor” and in
56	56	26paragraph (b) by striking the words “less than one thousand nor”.
57	57	27 SECTION 5. Chapter 94C of the General Laws, as so appearing, is hereby further
58	58	28amended by striking out section 32E and inserting in place thereof the following section:-
59	59	29 Section 32E. (a) Any person who trafficks in marihuana by knowingly or intentionally
60	60	30manufacturing, distributing, dispensing or cultivating or possessing with intent to manufacture,
61	61	31distribute, dispense or cultivate, or by bringing into the commonwealth a net weight of 50 3 of 9
62	62	32pounds or more of marihuana or a net weight of 50 pounds or more of any mixture containing
63	63	33marihuana shall, if the net weight of marihuana or any mixture thereof is:
64	64	34 (1) Fifty pounds or more, but less than 100 pounds, be punished by a term of
65	65	35imprisonment in the state prison for more than 15 years or by imprisonment in a jail or house of
66	66	36correction for not more than 2½ years. No sentence imposed under the provisions of this section
67	67	37shall be punished by a fine of more than $10,000.
68	68	38 (2) One hundred pounds or more, but less than 2,000 pounds, be punished by a term of
69	69	39imprisonment in the state prison for not more than 15 years. No sentence imposed under the
70	70	40provisions of this section shall be punished by a fine of more than $25,000.
71	71	41 (3) Two thousand pounds or more, but less than 10,000 pounds, be punished by a term of
72	72	42imprisonment in the state prison for not more than 15 years. No sentence imposed under the
73	73	43provisions of this section shall be punished by a fine of more than $50,000.
74	74	44 (4) Ten thousand pounds or more, be punished by a term of imprisonment in the state
75	75	45prison for not more than 15 years. No sentence imposed under the provisions of this section shall
76	76	46be punished by a fine of more than $200,000.
77	77	47 (b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph
78	78	48(a) or in clause (3) of paragraph (c) of Class B of section 31 by knowingly or intentionally
79	79	49manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or
80	80	50dispense or by bringing into the commonwealth a net weight of 18 grams or more of a controlled
81	81	51substance as so defined, or a net weight of 18 grams or more of any mixture containing a
82	82	52controlled substance as so defined shall, if the net weight of a controlled substance as so defined,
83	83	53or any mixture thereof is: 4 of 9
84	84	54 (1) Eighteen grams or more but less than 36 grams, be punished by a term of
85	85	55imprisonment in the state prison for not more than 15 years. No sentence imposed under the
86	86	56provisions of this section shall be punished by a fine of more than $25,000.
87	87	57 (2) Thirty-six grams or more, but less than 100 grams, be punished by a term of
88	88	58imprisonment in the state prison for not more than 20 years. No sentence imposed under the
89	89	59provisions of this section shall be punished by a fine of more than $50,000.
90	90	60 (3) One hundred grams or more, but less than 200 grams, be punished by a term of
91	91	61imprisonment in the state prison for not more than 20 years. No sentence imposed under the
92	92	62provisions of this section shall be punished by a fine of more than $100,000.
93	93	63 (4) Two hundred grams or more, be punished by a term of imprisonment in the state
94	94	64prison for not more than 20 years. No sentence imposed under the provisions of this section
95	95	65shall be punished by a fine of more than $500,000.
96	96	66 (c) Any person who trafficks in a controlled substance defined in paragraph (d) of Class
97	97	67A of section 31, morphine or any salt thereof, opium or any derivative thereof by knowingly or
98	98	68intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture,
99	99	69distribute or dispense or by bringing into the commonwealth a net weight of 18 grams or more of
100	100	70, a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt
101	101	71thereof, opium or any derivative thereof or a net weight of 18 grams or more of any mixture
102	102	72containing , a controlled substance defined in paragraph (d) of Class A of section 31, morphine
103	103	73or any salt thereof, opium or any derivative thereof shall, if the net weight of , a controlled
104	104	74substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium
105	105	75or any derivative thereof or any mixture thereof is: 5 of 9
106	106	76 (1) Eighteen grams or more but less than 36 grams, be punished by a term of
107	107	77imprisonment in the state prison for not more than 20 years. No sentence imposed under the
108	108	78provisions of this section shall be punished by a fine of more than $50,000.
109	109	79 (2) Thirty-six grams or more but less than 100 grams, be punished by a term of
110	110	80imprisonment in the state prison for not more than 20 years. No sentence imposed under the
111	111	81provisions of this section shall be punished by a fine of more than $50,000.
112	112	82 (3) One hundred grams or more but less than 200 grams, be punished by a term of
113	113	83imprisonment in the state prison for not more than 20 year. No sentence imposed under the
114	114	84provisions of this section shall be punished by a fine of more than $100,000.
115	115	85 (4) Two hundred grams or more, be punished by a term of imprisonment in the state
116	116	86prison for not more than 20 years. No sentence imposed under the provisions of this section
117	117	87shall be punished by a fine of more than $500,000.
118	118	88 (c½) Any person who trafficks in fentanyl or any derivative of fentanyl by knowingly or
119	119	89intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture,
120	120	90distribute or dispense or by bringing into the commonwealth a net weight of 10 grams or more of
121	121	91fentanyl or any derivative of fentanyl, or a net weight of 10 grams or more of any mixture
122	122	92containing fentanyl or any derivative of fentanyl, shall be punished by a term of imprisonment in
123	123	93state prison for not more than 20 years.
124	124	94 (c¾) Any person who trafficks in carfentanil, including without limitation, any
125	125	95derivative of carfentanil by knowingly or intentionally manufacturing, distributing, dispensing or
126	126	96possessing with intent to manufacture, distribute or dispense or by bringing into the
127	127	97commonwealth carfentanil or any derivative of carfentanil, any mixture containing carfentanil or 6 of 9
128	128	98a derivative of carfentanil, provided, that such person had specific knowledge that such mixture
129	129	99contained carfentanil or any derivative of carfentanil, shall be punished by a term of
130	130	100imprisonment in state prison for not more than 20 years.
131	131	101 SECTION 6. Chapter 94C of the General Laws, as so appearing, is hereby further
132	132	102amended by striking out section 32F and inserting in place thereof the following section:-
133	133	103 Section 32F. (a) Any person who knowingly or intentionally manufactures, distributes,
134	134	104dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance
135	135	105in Class A of section thirty-one to a person under the age of eighteen years shall be punished by
136	136	106a term of imprisonment in the state prison for not more than fifteen years. No sentence imposed
137	137	107under the provisions of this section shall be punished by a fine of more than $25,000.
138	138	108 (b) Any person who knowingly or intentionally manufactures, distributes, dispenses, or
139	139	109possesses with intent to manufacture, distribute, or dispense a controlled substance in Class B of
140	140	110section thirty-one to a person under the age of eighteen years shall be punished by a term of
141	141	111imprisonment in the state prison for not more than fifteen years. No sentence imposed under the
142	142	112provisions of this section shall be punished by a fine of more than $25,000.
143	143	113 (c) Any person who knowingly or intentionally manufactures, distributes, dispenses, or
144	144	114possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of
145	145	115section thirty-one to a person under the age of eighteen years shall be punished by a term of
146	146	116imprisonment in the state prison for not more than fifteen years or in a jail or house of correction
147	147	117for not more than two and one-half years. No sentence imposed under the provisions of this
148	148	118section shall be punished by a fine of more than $25,000. 7 of 9
149	149	119 (d) Any person who knowingly or intentionally manufactures, distributes, dispenses, or
150	150	120possesses with intent to manufacture, distribute or dispense a controlled substance as defined in
151	151	121clause (4) of paragraph (a) of class B of section thirty-one, to a person under the age of eighteen
152	152	122years shall be punished by a term of imprisonment in the state prison for not more than fifteen
153	153	123years. No sentence imposed under the provisions of this section shall be punished by a fine of
154	154	124more than $25,000.
155	155	125 SECTION 7. Chapter 94C of the General Laws, as so appearing, is hereby further
156	156	126amended by striking out section 32G and inserting in place thereof the following section:-
157	157	127 Section 32G. Any person who knowingly or intentionally creates, distributes, dispenses
158	158	128or possesses with intent to distribute or dispense a counterfeit substance shall be punished by
159	159	129imprisonment in a jail or house of correction for not more than one year or by a fine of not more
160	160	130than two thousand and five hundred dollars, or both such fine and imprisonment.
161	161	131 SECTION 8. Chapter 94C of the General Laws, as so appearing, is hereby further
162	162	132amended by striking out section 32H in its entirety.
163	163	133 SECTION 9. Chapter 94C of the General Laws, as so appearing, is hereby further
164	164	134amended by striking out section 32J and inserting in place thereof the following section:-
165	165	135 Section 32J. Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D,
166	166	13632E, 32F or 32I while in, on or within 300 feet of the real property comprising a public or private
167	167	137accredited preschool, accredited headstart facility, elementary, vocational or secondary school if
168	168	138the violation occurs between 5:00a.m. and midnight, whether or not in session, or within 100 feet
169	169	139of a public park or playground and who during the commission of the offense: (i) used violence
170	170	140or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described 8 of 9
171	171	141in paragraph (b) of section 10 of chapter 269, or induced another participant to do so during the
172	172	142commission of the offense; or (ii) engaged in a course of conduct whereby the person directed
173	173	143the activities of another person who committed any felony in violation of this chapter; or (iii)
174	174	144committed or attempted to commit a violation of section 32F or section 32K shall be punished by
175	175	145a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail
176	176	146or house of correction for not more than 21/2 years. A fine of not more than $10,000 may be
177	177	147imposed. In accordance with section 8A of chapter 279 such sentence shall begin from and after
178	178	148the expiration of the sentence for violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I.
179	179	149 Lack of knowledge of school boundaries shall not be a defense to any person who
180	180	150violates this section.
181	181	151 SECTION 10. Chapter 94C of the General Laws, as so appearing, is hereby further
182	182	152amended by striking out section 32K and inserting in place thereof the following section:-
183	183	153Section 32K. Any person who knowingly causes, induces or abets a person under the age of
184	184	154eighteen to distribute, dispense or possess with the intent to distribute or dispense any controlled
185	185	155substance as defined herein, or to accept, deliver or possess money used or intended for use in
186	186	156the procurement, manufacture, compounding, processing, delivery, distribution or sale of any
187	187	157such controlled substance shall be punished by imprisonment in the state prison for not more
188	188	158than fifteen years. No sentence imposed under the provisions of this section shall be punished by
189	189	159a fine of more than $100,000.
190	190	160 SECTION 11. Section 34 of said chapter 94C, as so appearing, is hereby amended by
191	191	161striking out the words “less than two and one-half years nor” in the third sentence of the first
192	192	162paragraph. 9 of 9
193	193	163 SECTION 12. Notwithstanding any general or special law to the contrary, a person
194	194	164serving a sentence for violating any provisions of chapter 94C or charged with such a violation
195	195	165but a guilty plea has not been accepted nor a conviction entered as of the effective date of this
196	196	166act:
197	197	167 (a) shall be eligible for parole after serving one-half of the minimum term of the sentence,
198	198	168 (b) shall be eligible to participate in education, training, employment, or work release
199	199	169programs established pursuant to Sections 49, 49B, 49C, 86F and 86G of Chapter 127; and
200	200	170 (c) shall be eligible to receive deductions from his sentence for good conduct under
201	201	171Sections 129C and 129D of Chapter 127, provided that such deductions shall accrue as of the
202	202	172effective date of this section.