Skip to Content

Session Laws

1989

Jump to:

CHAPTER 227 AN ACT PROVIDING FOR DRUG FREE SCHOOL ZONES.

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 32H of chapter 94C of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 3, the words "and thirty-two F" and inserting in place thereof the words:- thirty-two F and thirty-two J.

SECTION 2. Said chapter 94C is hereby further amended by inserting after section 32I, as so appearing, the following section:-

Section 32J. Any person who violates the provisions of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F or thirty-two I while in or on, or within one thousand feet of the real property comprising a public or private elementary, vocational, or secondary school whether or not in session shall be punished by a term of imprisonment in the state prison for not less than two and one-half nor more than fifteen years or by imprisonment in a jail or house of correction for not less than two nor more than two and one-half years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of two years. A fine of not less than one thousand nor more than ten thousand dollars may be imposed but not in lieu of the mandatory minimum two year term of imprisonment as established herein. In accordance with the provisions of section eight A of chapter two hundred and seventy-nine such sentence shall begin from and after the expiration of the sentence for violation of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F or thirty-two I.

Lack of knowledge of school boundaries shall not be a defense to any person who violates the provisions of this section.

SECTION 3. Section 26 of chapter 218 of the General Laws, as amended by chapter 266 of the acts of 1987, is hereby further amended by inserting after the word "thirty-two A", in line 12, the words:- and section thirty-two J.

Approved July 11, 1989.