Homicide
S.1655 An Act Relative to the Crime of Murder (replaces c.265§1. Joint Committee on the Judiciary. Sen. C. Creem)
Defines murder without recourse to the current “deliberately premeditated malice aforethought” by defining and setting forth all conditions connected with an illegal killing of a human . First degree murder remains life without parole, second degree life is set at life with parole possible after 20 years. A list of aggravating and mitigating conditions is detailed, and the sentencing judge, without a required recourse to an evidentiary hearing, will provide in writing his reasons for determining the sentence.

S.1854 An Act Relative to the Punishment for Murder (amends c.127§§49,90A, 133A. Joint Committee on the Judiciary. Sen. M. Walsh)
Provides that those convicted of 2nd degree murder are not eligible for training, educational, or employment programs outside of a correctional facility until 22 years. Temporary releases are not allowed for those convicted of 1st degree murder and only after 22 years for 2nd degree convictions. The minimum term for 2nd degree murder is increased from 15 to 25 years.

H.1528 An Act to Create Penalties for Manslaughter when Caused by the Operation of a Motor Vehicle (amends c.265 §13½. Joint Committee on the Judiciary. Rep. J. Miceli)
Revises a section penalizing driving under the influence to include all such manslaughters, with or without DUI. It decreases the fine from $20,000 to $1,000 maximum, leaves the maximum sentence of 20 years while removing the mandatory minimum sentence of 5 years, and requires a 15 year suspension of license.

H.1370 & H.1784 An Act Relative to Criminally Negligent Homicide (creates §30A. Joint Committee on the Judiciary. Rep. D. Flynn and Rep. M. Walsh separately) Defines criminally negligent homicide and provides for a maximum penalty of 2 ½ years in a House of Correction and a fine.(N.B. No chapter noted.)

S.1858 An Act Relative to Penalties for Causing Death or Serious Bodily Injury During the Course of an Escape or Attempted Escape (amends c.265 §1; adds c.268§§16B, 16C. Joint Committee on the Judiciary. Sen. M. Walsh)
Mandates a 1st degree murder sentence for a murder committed during an escape or attempted escape from lawful detention with no age limitation for the escapee. An injury resulting from an escape or attempted escape is punished by a 15-25 year sentence. Any person held by DYS, including for a court appearance who escapes or attempts escape is punished by up to 10 years in a state prison facility with no limitation on age or in a house of correction for up to 2 ½ years.

H.1673 An Act Relative to the Punishment for the Murder of a Police Officer (amends c.265§2;c.127§133A. Joint Committee on the Judiciary. R. K Polito)
Makes one convicted of first degree murder of a police officer ineligible for commutation, and those convicted of second degree murder eligible for parole after 25 years.

S.1824 An Act Relative to Murder Committed by Youthful Offenders (amends c.119§§52,54,72B. Joint Committee on the Judiciary. Sen. J. Timilty)
Provides for persons under seventeen years of age to be tried in juvenile court for murder charges, and, if under 14 years of age, to be sentenced to 20 years with possibility of parole at 15 years if 1st degree murder, and 15 years with possibility of parole at 10 years if 2nd degree murder.

Corporate Manslaughter
H.1614 An Act Relative to Manslaughter (amends c.265§13. Joint Committee on the Judiciary. Rep. E. O’Flaherty)
Provides for a maximum penalty for a corporation committing manslaughter of $250,000.

H.1491 An Act Relative to Manslaughter (amends c.265§13. Joint Committee on the Judiciary. Rep. P. Kocot)
Provides for a maximum penalty for a corporation committing manslaughter in connection with or as a result of construction of $1,000,000.

S.1749 An Act Relative to Corporate Criminal Conduct (adds c.265§13M. Joint Committee on the Judiciary. Sen. M. Montigny)
Defines a corporation to include its officers. Provides that any corporation which conduct creates a substantial risk of serious bodily injury or death is punishable for between one to ten million dollars if injury results, and between ten and fifty million dollars and between 10 and 25 years in prison if death results.

S.1820 An Act to Increase the Penalties for Corporate Manslaughter (adds c.265§13(b). Joint Committee on the Judiciary. Sen. B. Tarr)
Corporate manslaughter is punished by a fine of up to $250,000 and possibly corporate disbarment for up to 10 years.

Habitual Offenders
H.1448 An Act Relative to Persistent Violent Offenders (amends c.274 adding §1A. Joint Committee on the Judiciary. Rep. B. Jones, Jr.)
Provides that anyone convicted of two or more separate acts of violence from a detailed listing (e.g. armed burglary, certain sex offenses, manslaughter, murder, or conspiracy to commit the foregoing) upon the third such conviction shall be sentenced to life imprisonment without parole.

H.1423 An Act Relative to the Punishment of Habitual Offenders (amends c127, §133A; c. 279 §25. Joint Committee on the Judiciary. Rep. B. Hill)
Provides that anyone convicted of two or more separate acts of violence from a detailed listing (e.g. armed burglary, certain sex offenses, manslaughter, murder, or conspiracy to commit the foregoing) upon a third such conviction shall be sentence to life imprisonment without parole. Further for certain crimes relating to attempted murder and certain sex offenses, the second such offense shall result in a life sentence with the possibility of parole. The penalty shall be available for any convicted after the effective date of this act, irrespective of when the crime shall have been committed.

Crimes Against Youth
H.1299 An Act to Protect Children Against Sex Offenders (amends c.265§§13B,13H,22,22A,23, 24,24B, 27,47; c.272§§4A,35A; c.6 §178L(1)(a), (1)(c). Joint Committee on the Judiciary. Rep. A. Cabral)
Adds a term of 5 years probation for the first offence and 10 years for a subsequent offense to sentences for assault and battery on a child or adult, for inducing a person under 18 to have natural or unnatural intercourse, and for rape and for kidnapping. It provides for the commissioner of probation to establish prohibited zones, such as schools and libraries, for sex offenders who are monitored by electronic means. Finally it extends the window that the SORB may conduct hearings relating to the classification to a sex offender level prior to a sex offender being released from prison. It also tightens the window for such sex offenders who are not in custody at the time of the hearing.

H.1312 An Act Relative to Criminal Harassment of a Minor (adds c.265§43B. Joint Committee on the Judiciary. Rep. C. Canavan by request)
Punishes a person,10 years or more years older than the victim, who harasses to the point of emotional distress with a possible sentence of 5 years for the first offense, and up to 10 years for the second offense or with a previous conviction of stalking. The harassment can include mail or electronic communications.

H.1320 An Act Relative to Criminal Proceedings (amends c.265 §13J. Joint Committee on the Judiciary. Rep. C. Coakley-Rivera)
Increases sentence for certain acts of assault and battery upon a child to a maximum of life from a maximum of 5 years.

H.1321 An Act Relative to Those who Aid in the Commission of a Crime Against a Child (amends c.265§§13B,H,J,L. Joint Committee on the Judiciary. Rep. Coakley-Rivera)
Modifies the several assault crimes against children under 14 to make equally liable “whoever aids in the crime” and increases the sentences for same.

H.1325 An Act Further Protecting Children from Sexual Predators (amends c.272 adding §29B; c.6 §178C; c.265 adds §44. Joint Committee on the Judiciary. Rep. C. Coakley-Rivera)
Increases penalties for certain sex crimes involving youth through mandatory minimum sentences.

H.1328 An Act to Prohibit Human Trafficking in Massachusetts (Joint Committee on the Judiciary. Rep. T. Conroy)
Defines human trafficking and penalizes it according to a penalty structure to be created by the Attorney General.

H.1494 An Act Relative to the Crime of Rape by Fraud (adds c.265§22B. Joint Committee for the Judiciary. Rep. P.Koutoujian)
Creates the crime of rape by fraud, concealment, or deception, excepting promises of future consideration.

H.1509 An Act Prohibiting Certain Conduct for Sexual Gratification (See under New Crimes.)

H.1555 An Act to Create the Crime of Solicitation (creates c.274§3A. Joint Committee on the Judiciary. Rep. J. O’Day)
Makes one who causes another to commit, or attempt to commit, a crime, guilty of solicitation, punishable as required by §7 of the same chapter.

H.1668 & H.1429 An Act Relative to Expanding Protections Against the Crime of Incest (amends c.272 §17. Joint Committee on the Judiciary. Reps. E. Poirier and B. Jones, Jr. separately)
Adds “affinity or adoption” to “degrees of consanguinity” as defining criminal incestuous relations.

H.1732 An Act Relative to Increasing the Penalty for Kidnapping a Child (amends c.265§26. Joint Committee on the Judiciary. Rep. T. Smola)
Increases the maximum penalty for kidnapping a child to life, from 15 years.

H.1768 An Act Relative to Sex Offenders (See under Community Notification.)

S. 1553 An Act Regarding Juvenile Violence (Joint committee on the Judiciary; Sen.S. Baddour)
Regulates response by elementary, middle and secondary schools, public and private, to instances of sexual abuse, molestation, rape and other violent sexual crimes. Provides for hearings within a school setting to determine guilt or innocence of accused offender and mandates certain penalties for various crimes. It also mandates school officers refer appropriate matters to the law enforcement and courts for legal proceedings, specifying that any offender over 15 be referred to adult court in the instance of alleged rape. It prohibits certain dress (e.g. tank tops and mini-skirts above the knee) from being worn within school properties. It provides for censure by school alumni associations of offenders if the disclosure of the offense occurs after graduation, and provides for civil suits against the offender, the school and alumni associations. Finally, retaliation by both offenders and victims against the other is barred, with certain penalties mandated (e.g. sentence to a House of Correction).

S.1672 An Act Relative to the Crime of Assault and Battery on a Child (amends c.265§13J. Joint Committee on the Judiciary. Sen. C. Creem)
Clarifies “bodily injury” to include bruising and also damage caused by illegal substances, and increases the maximum penalty by 5 years for both “bodily injury”(from 5 to 10) and “substantial bodily injury” (from 15 to 20).

S.1725 An Act Relative to Reporting Child Pornography (See under New Crimes.)

S.1814 An Act Enhancing the Punishment for Child Endangerment (c.165§13L. Joint Committee on the Judiciary. Sen. B. Tarr)
Increases the prison term to a possible 10 years with a mandatory minimum sentence of 2½ years.

S.1833 An Act Establishing Criminal Penalties for Illegal Lobbying (adds c.271§51. Joint Committee on the Judiciary. Sen. R.Tesei)
Illegal lobbying will be punished by up to 2 ½ years and/or possible $10,000 fine.

Crimes Against the Elderly/Disabled
H.1687 An Act Relative to Rape of an Elder or a Person with a Disability (adds c.265§22C. Joint Committee on the Judiciary. Rep. K. Reinstein)
Increases the penalty for the several forms of rape of the elderly or those with disabilities to a possible sentence of life, with certain acts requiring a minimum sentence of 10, 15, or 20 years before eligibility for parole or any relief from imprisonment.

H.1688 An Act Relative to Posing or Exhibiting or Disseminating Material of an Elder or a Person with a Disability in a State of Nudity or Sexual Conduct (modifies c.272§§29A,29B. Joint Committee on the Judiciary. Rep. K. Reinstein)
Adds the elderly and disabled persons to the protected class of children for purposes of prohibiting the posing or photographing with a lascivious intent. (N.B. on April 25th, 2009, the Boston Globe reported concern regarding lack of protection for those elderly or disabled who may willingly participate in such behavior; all persons over 60 years of age and all disabled persons are treated alike with no distinctions as to mental competency in several places of the proposed changes.)

S.1746 An Act Relating to Crimes Against Elders and People with Disabilities (amends c.111§72K; c.265 §§13H, 13K; repeals §38. Joint Committee on the Judiciary. Sen. M. Montigny) N.B. Already enacted)
Permits the Attorney General to file a civil suit against a person who mistreats or neglects a patient, or misappropriates his property. It increases the penalty for indecent assault and battery on an elderly person or one with disabilities to 10 years for the first offense and 20 years for the second offense. For an assault and battery on an elderly person or one with disabilities the sentence increases to a possible 3 years.

S.1829 An Act Relative to Increased Penalties for Persons who Commit Crimes Against the Elderly (amends c.265§§15A,15B,18,19(a). Joint Committee on the Judiciary. Sen. R. Tisei)
Increases all penalties for armed and unarmed assault on elderly, including life for a second unarmed assault.

Assault and Battery
H.1658 An Act Relative to the Penalties for Persons Convicted of Assaults in Dwellings (adds c.265§18D. Joint Committee on the Judiciary. Rep. J. Perry)
Unarmed Assault within a dwelling would be punishable by up to 10 years in prison.

H.1351 An Act Relative to Increasing the Penalties for Breaking and Entering Dwellings during the Daytime with Intent to Commit a Felony (amends c.266§17. Joint Committee on the Judiciary. Rep. L. Evangelidis)
Creates the penalty for breaking and entering a dwelling during the day and putting any person in fear to a maximum of life. It eliminates the heightened penalty for armed breaking and entering.

H.1680 An Act Creating Separate Criminal Offenses for Assault Committed with a Firearm (adds c265§§15C,15D. Joint Committee on the Judiciary. Rep. J. Quinn)
Creates a maximum sentence of life with a minimum sentence of 10 years for someone who discharges a firearm in the course of assault and battery upon another, and a sentence of 7 to 20 years for an attempted assault and battery by means of a discharged firearm. In both instances, the offender is not eligible for any reduction of the sentence below the minimum. Prosecutions may not be continued or placed on file.

Resisting Arrest
H.1313 An Act Relative to Resisting Arrest (amends c.268§32B. Joint Committee on the Judiciary. Rep. S. Canessa)
Creates imprisonment of up to 10 years for injury to a police officer during the course of his making an arrest.

H.1730 An Act Increasing the Penalty for Assault and Battery on a Police Officer (amends c. 265§13D. Joint Committee on the Judiciary. Rep. T. Smola)
Doubles the penalty for Assault and Battery on a public employee to a maximum of 5 years and fine. (N.B. Section 13D is not restricted to police officers.)

Miscellaneous Crimes
H.1249 An Act Relative to False Criminal Complaints (adds. c.218§ 38A. Joint Committee on the Judiciary. Rep. W. Allen)
Makes any individual found to have deliberately made a false criminal complaint liable to the falsely accused for lost wages, attorney’s fees and other costs, as well as subject to a fine and imprisonment for up to 6 months.

H.1258 An Act Relative to Penalties for Person Convicted of Certain Sexual Offenses (amends c.258A §3(a); Joint Committee on the Judiciary, Rep. D. Atsalis) Chapter doesn’t exist-filed in error.

H.1371 An Act Relative to Increasing the Fines for Prostitution (amends c.272 §8. Joint Committee of the Judiciary. Rep. G. Fox)
Increases the penalties for persons convicted of soliciting for prostitutes, including adding a civil penalty.

H.1505 An Act Relative to the Punishment for the Defacement of Property (amends c.266§§126A, 126B. Rep. W. Lantigua)
Provides for increase from 3 to 10 years maximum imprisonment for defacing property and for tagging from 2 to 10 years.

H.1735 An Act Imposing a Life Sentence as Punishment for a Second or Subsequent Conviction for the Crime of Rape (amends c.265§§ 22,22A,23. Joint Committee on the Judiciary. Rep. T Speliotis)
Makes life the only sentence for rape for second and subsequent incidents, eliminating all lesser sentences.

S.1694 An Act Relative to Victim’s Rights (adds c.228§15. Joint Committee on the Judiciary. Sen. S. Fargo)
The death of a convicted felon terminates all rights to appeal and the conviction thereby stands.

S.1789 An Act Relative to Dangerous Weapons (amends c.269§10(b). Joint Committee on the Judiciary. Sen. S. Patagiotakos)
Lists and describes all manner of weapons. Possession of any of these weapons during the commission of a felony results in a possible sentence of up to five years and potential $1,000 fine. Possession, after conviction for a felony, carries a mandatory minimum sentence of 6 months up to 5 years.

S.1836 An Act Relative to the Commission of a Crime while in the Possession of a Police Scanner (adds c.266§49A. Sen. S. Tolman)
Makes knowing possession of a police scanner with the intent of using the scanner while committing a crime punishable by up to 10 years.

Statute of Limitations Lengthened
H.1523 An Act Relating to Comprehensive Protection from Childhood Sexual Abuse (amends c.119§51A; c.258C§§2(b), 5(a)(1); c.277§63; c.260§4C; c.231§§85KL, 85W. Joint Committee on the Judiciary. Rep. R. Mariano)
Eliminates statute of limitations for certain crimes committed on victims under 18 and civil statutes of limitations for enumerated sex offenses and eliminates the doctrine of charitable immunity; creates a standing Commission for the Protection of Children from Sexual Abuse reporting yearly to the General Court regarding statutes needed to increase protection from sex crimes; increases penalties for failure by professionals and institutions to report sex offenses and/or suspected sex offenders to appropriate law enforcement agencies; funds are made available for victims of sex offenses for mental health counseling.

H.1768 An Act Relative to Sex Offenders (See under Community Notification.)

S.1587 An Act Relative to the Sexual Abuse of Minors (deletes c.260§4C; amends c.276§100A, c.277§63. Joint Committee on the Judiciary. Sen. S. Brown)
Eliminates the statute of limitations for victims sexually abused under the age of 18. It also keeps CORI unsealed when the victim of a sex offense was a child. It also appears to change the statute of limitations for certain sex offenses involving a child as a victim.

Mandatory Minimum Drug Sentencing Expanded
H.1368 An Act Relative to Concealing Controlled Substances in an Automobile (adds c.94C§32L. Joint Committee on the Judiciary. Rep. B Finegold)
Mandates a mandatory minimum sentence of 2 years up to 15 years plus fine for knowingly concealing controlled substances in a hidden sealed compartment within an automobile, the sentencing starting from and after the sentence for the underlying conviction for the particular substance.

H.1459 An Act Clarifying the Trafficking in Methamphetamines (amends c.94C§§1, 32E(b). Joint Committee on the Judiciary. Rep. L.Kafka)
Defines “trafficking” and appears to increase the mandatory minimum sentence for moderate amounts of trafficking of methamphetamines.

Mandatory Minimum Drug Sentencing Reduced/Repealed
H.1297 An Act to Moderate Sentences for Drug Offenses and Reduce Excessive Costs of Incarceration (amends c.94C §§32J, 32(b), 32A(b), 32B(b), 32C (b), 32E; c.218 §26. Joint Committee on the Judiciary. Rep. W. Brownsberger)
Excludes certain drugs and paraphernalia from the school zone law and reduces from 1000’ to 100’ the parameter of school zones. It further eliminates mandatory minimum sentencing for certain drugs, and reduces penalties for others. Finally, regarding marihuana, cocaine, heroin, morphine and other similar drugs in lowers the penalties by substantively increasing the substance amounts needed to qualify for the several penalty levels.

H.1755 and S.1740 An Act to Repeal Mandatory Minimum Sentencing Laws for Drug Offenses (amends c.94C. Joint Committee on the Judiciary. Rep. B. Swan and Sen. T. McGee separately)
Repeals mandatory sentencing for drug offenses, allowing judges to set sentences according to the general sentencing statute with minimum and maximum terms. In addition, a sentence of probation is allowed. Prisoners sentenced under this section would be eligible for good conduct credit, for educational, rehab, and work release programs. County prisoners could apply for parole after one half of their minimum sentence, and state prisoners after two thirds of the minimum sentence.
(Families Against Mandatory Minimums is the point organization for this bill. Contact Barbara Dougan, P.O.Box 57, Newton, MA 02468; [email protected]; (617)543-0878.)

S.1681 An Act to Repeal Mandatory Minimum Drug Sentences (amends c.94C §§32, 32A, 32B,32E,32F,32H,32J. Joint Committee on the Judiciary. Sen. C. Creem)
Eliminates all mandatory minimum sentencing from c.94C, while leaving the ranges of sentences intact as well as the fine structure. (One 1-year mandatory minimum sentence reference remains, though its mandate is eliminated; this may be an editing oversight.) It provides that fines may be imposed without any incarceration for these crimes. In §32H, mandatory minimum sentencing prohibitions of access to work programs, furloughs, parole, probation or good time reductions in sentences are expressly eliminated. Left intact is the determination of the court to transfer juveniles to adult courts for trial purposes of the crimes enumerated in this chapter. In §32J, the 1000’parameter for schools remains, as does the requirement that sentences under this section shall commence on and after the sentence for the underlying crime. Finally, the elimination of mandatory minimum sentences shall apply to those currently incarcerated.

S.1651 An Act Relative to Drug Mandatory Minimum Sentences (amends c.94C §32H. Joint Committee on the Judiciary. Sen. C. Creem)
Provides access to parole for all prisoners sentenced for certain enumerated drug crimes after serving 2/3rds of the maximum sentence, regardless of the length of the mandatory minimum sentence imposed.

Minimum Age for Prosecution as Adult
H.1356 An Act Relative to the Age for the Prosecution of Juveniles (amends c.119§§52,54; c.263 adds §10. Joint Committee on the Judiciary. Rep. J. Fagan)
Requires that an individual 14 yrs or older charged with any crime be prosecuted as an adult, and that any individual convicted of a crime committed before the age of 21 not be subject to any mandatory penalty, leaving all sentences, including the maximum, to the discretion of the court.

S.1108 An Act Relative to Murder Committed by Youthful Offenders (see under Homicide.)

DNA Samples
H.1322 An Act Relative to the Collection of DNA (amends c.22E §3. Joint Committee on the Judiciary. Rep. C. Coakley-Rivera) Provides that anyone including youth who have been convicted of an offense punishable by a sentence to state prison shall submit a sample of their DNA within one year of such conviction.

S.1832 An Act Relative to the Expansion of the State DNA Database (amends c.22E§§3, 12, 13, 15. Joint Committee on the Judiciary. Sen. R. Tisei)
Eliminates all exceptions to those arrested who must provide DNA samples. Increases the penalty for failure to provide same as well as penalty for unauthorized release of DNA data. Provides for expungement from database if original offense does not result in conviction subject to existing conditions.

H.1501 An Act Relating to DNA Samples (amends c.22E §22. Joint Committee on the Judiciary. Rep. P. Koutoujian.)
Reduces from one year to 90 days the period in which a person who is incarcerated must provide a DNA sample. Additionally such samples shall be available for all state and federal criminal databases.