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