SENATE DOCKET, NO. 138        FILED ON: 1/14/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1022

 

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. Eldridge

Middlesex and Worcester

 

Joanne M. Comerford

Hampshire, Franklin and Worcester

2/4/2021

Jack Patrick Lewis

7th Middlesex

2/23/2021

Brendan P. Crighton

Third Essex

3/2/2021

Mary S. Keefe

15th Worcester

3/2/2021

Susan L. Moran

Plymouth and Barnstable

3/15/2021

Erika Uyterhoeven

27th Middlesex

3/15/2021

Patricia D. Jehlen

Second Middlesex

3/19/2021

Adam Gomez

Hampden

3/29/2021

Joan B. Lovely

Second Essex

3/31/2021

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

4/20/2021

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

5/6/2021

Julian Cyr

Cape and Islands

5/8/2021

Harriette L. Chandler

First Worcester

6/17/2021


SENATE DOCKET, NO. 138        FILED ON: 1/14/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1022

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1022) of James B. Eldridge, Joanne M. Comerford, Jack Patrick Lewis, Brendan P. Crighton and other members of the General Court 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. 845 OF 2019-2020.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

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:
 

SECTION 1. Section 10G of chapter 269, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 36 and 37, the words “have the meaning set forth in section 121 of chapter 140” and inserting in place thereof the following words:- shall mean any crime punishable by imprisonment for a term exceeding 1 year that: (i) has an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another; (ii) is burglary, extortion, arson or kidnapping; or (iii) involves the use of explosives.

SECTION 2. Said section 10G of said chapter 269, as so appearing, is hereby amended by adding the following sentence to the end thereof:- (f) For purposes of this section, any type of juvenile adjudication shall not be considered a prior conviction and shall not be used as a prior predicate conviction that triggers, when an adult, an enhanced sentence. For purposes of this subsection, a juvenile adjudication shall include, but not be limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth.

SECTION 3. Notwithstanding any general or special law to the contrary, any person currently serving a sentence pursuant to section 10G of chapter 269, including being on probation or parole, where a juvenile adjudication, including but not be limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth, has been used as a prior predicate prior conviction, then such person shall be resentenced without that juvenile adjudication being used as a prior predicate conviction. If a defendant is resentenced under this section, the sentence shall not be increased in length of committed time, probation, or parole.