Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S959 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. 137 FILED ON: 1/11/2023
3	3	SENATE . . . . . . . . . . . . . . No. 959
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 prevent the imposition of mandatory minimum sentences based on juvenile
13	13	adjudications.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterLiz MirandaSecond Suffolk1/20/2023 1 of 3
17	17	SENATE DOCKET, NO. 137 FILED ON: 1/11/2023
18	18	SENATE . . . . . . . . . . . . . . No. 959
19	19	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 959) of James B. Eldridge and Liz
20	20	Miranda for legislation to prevent the imposition of mandatory minimum sentences based on
21	21	juvenile adjudications. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 2670 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to prevent the imposition of mandatory minimum sentences based on juvenile
30	30	adjudications.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 52 of chapter 119 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by striking out, in line 24, the words “, (c) or (d)” and
35	35	3inserting in place thereof the following words:- or (c).
36	36	4 SECTION 2. Said section 52 of said chapter 119, as so appearing, is hereby amended by
37	37	5striking out, in lines 24 through 28, the words “; provided that, nothing in this clause shall allow
38	38	6for less than the imposition of the mandatory commitment periods provided in section fifty-eight
39	39	7of chapter one hundred and nineteen” 2 of 3
40	40	8 SECTION 3. Section 54 of said chapter 119, as so appearing, is hereby amended by
41	41	9striking out, in line 26, the words “, (c) or (d)” and inserting in place thereof the following
42	42	10words:- or (c).
43	43	11 SECTION 4. Section 58 of said chapter 119, as so appearing, is hereby amended by
44	44	12striking out the seventh and eighth paragraphs.
45	45	13 SECTION 5. Subsection (d) of section 10 of chapter 269 of the General Laws, as so
46	46	14appearing, is hereby amended by adding the following 2 sentences to the end thereof:- For
47	47	15purposes of this section, any type of juvenile adjudication shall not be considered a prior
48	48	16conviction and shall not be used as a prior predicate conviction that triggers an enhanced
49	49	17sentence for an adult or for a juvenile. For purposes of this subsection, a juvenile adjudication
50	50	18shall include, but not be limited to, a delinquent child or youthful offender adjudication, a
51	51	19juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that
52	52	20would be a juvenile adjudication in the commonwealth.
53	53	21 SECTION 6. Section 10G of said chapter 269, as so appearing, is hereby amended by
54	54	22striking out, in lines 36 and 37, the words “have the meaning set forth in section 121 of chapter
55	55	23140” and inserting in place thereof the following words:- shall mean any crime punishable by
56	56	24imprisonment for a term exceeding 1 year that: (i) has as an element of the offense the use,
57	57	25attempted use or threatened use of physical force or a deadly weapon against the person of
58	58	26another; (ii) is burglary, extortion, arson or kidnapping; or (iii) involves the use of explosives.
59	59	27 SECTION 7. Said section 10G of said chapter 269, as so appearing, is hereby amended
60	60	28by adding the following sentence to the end thereof:- (f) For purposes of this section, any type of
61	61	29juvenile adjudication shall not be considered a prior conviction and shall not be used as a prior 3 of 3
62	62	30predicate conviction that triggers an enhanced sentence for an adult or a juvenile. For purposes of
63	63	31this subsection, a juvenile adjudication shall include, but not be limited to, a delinquent child or
64	64	32youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult
65	65	33conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth.
66	66	34 SECTION 8. Notwithstanding any general or special law to the contrary, if any person is
67	67	35currently serving a sentence pursuant to section 10 of chapter 269 or section 10G of chapter 269,
68	68	36including being on probation or parole, where a juvenile adjudication, including but not limited
69	69	37to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another
70	70	38jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in
71	71	39the commonwealth, has been used as a prior predicate conviction, then such person shall be
72	72	40resentenced without that juvenile adjudication being used as a prior predicate conviction. If a
73	73	41defendant is resentenced under this section, the sentence shall not be increased in length of
74	74	42committed time, probation, or parole.