Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1928 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. 456 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1928
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Francisco E. Paulino and Frank A. Moran
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 relative to accomplice and joint venture criminal liability.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Francisco E. Paulino16th Essex1/9/2025Frank A. Moran17th Essex1/15/2025 1 of 4
16	16	HOUSE DOCKET, NO. 456 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1928
18	18	By Representatives Paulino of Methuen and Moran of Lawrence, a petition (accompanied by
19	19	bill, House, No. 1928) of Francisco E. Paulino and Frank A. Moran relative to accomplice and
20	20	joint venture criminal liability. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to accomplice and joint venture criminal liability.
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.
30	30	2 Chapter 274 of the General Laws, as appearing in the 2020 Official Edition, is hereby
31	31	3amended by striking out Section 2 and inserting in place thereof the following section:
32	32	4 Section 2. A person shall only be held criminally liable as an accomplice if the
33	33	5prosecution proves beyond a reasonable doubt that:
34	34	6 a. The person knowingly and voluntarily participated in the commission of the offense.
35	35	7 b. The person had specific intent to facilitate or promote the criminal act.
36	36	8 c. The person committed an act that was substantial and directly connected to the
37	37	9commission of the offense, not merely incidental or peripheral. 2 of 4
38	38	10 Physical presence at the scene of the crime shall not, by itself, establish accomplice
39	39	11liability unless the individual’s presence:
40	40	12 a. Was intended to aid, abet, or encourage the principal offender.
41	41	13 b. Provided substantial assistance to the commission of the crime.
42	42	14 Constructive presence (e.g., serving as a lookout or getaway driver) shall suffice only if
43	43	15the individual had prior knowledge of the principal’s intent and their actions were integral to the
44	44	16crime.
45	45	17 SECTION 2. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition,
46	46	18is hereby amended by striking out Section 1 and inserting in place thereof the following section:
47	47	19 Section 1. Where a killing occurs during the commission or attempted commission of a
48	48	20crime punishable with imprisonment for life, the killing shall amount to first-degree murder only
49	49	21for a principal perpetrator who is personally and directly responsible for committing the killing
50	50	22and acts with malice aforethought.
51	51	23 Accomplices who aid in the commission of a killing or are accessories before the fact but
52	52	24are not personally and directly responsible for the killing shall face imprisonment of 2.5 to 25
53	53	25years.
54	54	26 SECTION 3. Judges shall consider the following factors when sentencing accomplices:
55	55	27 a. The level of involvement in the crime.
56	56	28 b. Whether the accomplice’s actions resulted in harm or were peripheral to the offense. 3 of 4
57	57	29 The Massachusetts Sentencing Commission shall develop non-binding guidelines to
58	58	30assist judges in applying this provision.
59	59	31 SECTION 4. Any person who knowingly aids a principal offender after the commission
60	60	32of a felony, with the intent to hinder arrest or prosecution, shall be charged as an accessory after
61	61	33the fact and face imprisonment for up to 10 years or a fine of up to $5,000.
62	62	34 Penalties for accessories after the fact shall be reduced if:
63	63	35 a. The individual’s actions did not involve violence or obstruction of justice.
64	64	36 b. Their assistance was minor or coerced.
65	65	37 SECTION 5. The provisions of Sections 1 and 2 shall apply retroactively to all
66	66	38individuals charged or convicted of murder or aiding in the commission of a killing before, on, or
67	67	39after the effective date of this Act.
68	68	40 The provisions of Section 4 shall apply retroactively to all individuals charged or
69	69	41convicted as accessories after the fact.
70	70	42 Individuals seeking relief under this Act shall file a petition with the sentencing court for
71	71	43re-evaluation of charges or sentences.
72	72	44 SECTION 6. Judges shall receive updated guidance on the application of proportional
73	73	45sentencing standards and mitigating factors.
74	74	46 SECTION 7. Five years after the effective date of this Act, the Executive Office of Public
75	75	47Safety and Security shall conduct a review of its impact. A report shall be submitted to the
76	76	48General Court, detailing: 4 of 4
77	77	49 a. Sentencing outcomes under the revised standards.
78	78	50 b. Judicial interpretations of the new provisions.
79	79	51 c. Recommendations for further improvements, if necessary.