Bill S.1000

SENATE DOCKET, NO. 1008 FILED ON: 1/13/2009

SENATE . . . . . . . . . . . . . . No. 1000

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Nine

_______________

An Act to reduce gun violence and promote public safety..

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. Subparagraph (e) of section 10G of chapter 269 of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking the text and inserting in place thereof the following: -

“For the purposes of this section, “violent crime” shall mean a conviction, in this or any other jurisdiction, either federal, state, or territorial, involving the use or possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult, that: (i) has as 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, (iii) involves explosives; or (iv) otherwise involves conduct that presents a serious risk of physical injury to another. For the purposes of this section, "serious drug offense" shall mean an offense under the federal Controlled Substances Act, 21 U.S.C. 801, et seq., the federal Controlled Substances Import and Export Act, 21 U.S.C. 951, et seq. or the federal Maritime Drug Law Enforcement Act, 46 U.S.C. App. 1901, et seq. for which a maximum term of imprisonment for ten years or more is prescribed by law, or an offense under chapter 94C involving the manufacture, distribution or possession with intent to manufacture or distribute a controlled substance, as defined in section 1 of said chapter 94C, for which a maximum term of ten years or more is prescribed by law, or an offense of any other jurisdiction, state or territorial, involving the manufacture, distribution or possession with intent to manufacture or distribute a controlled substance for which a maximum term of imprisonment for ten years or more is prescribed by law.”

Section 2. Section 10 of chapter 269 of the General Laws, as amended by section 5 of chapter 48 of the acts of 2006, is hereby amended by inserting after paragraph (a) the following: -

(a½) For any person found in violation of the provisions of paragraph (a), who is found to be in the possession of multiple firearms, loaded or unloaded, as defined in section 121 of chapter 140, each firearm possessed shall be considered a separate offense, each punishable under the provisions prescribed in paragraph (a).

Section 3. Chapter 22 of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting after Section 20 the following:-

Section 21. (a) Within the department there shall be the Massachusetts Neighborhood Crime Watch Commission. It shall be the purpose of this commission to develop, implement, and assist in the coordination of volunteer crime watch policies and programs in the cities and towns of the Commonwealth, focusing on grassroots neighborhood outreach.

(b) The commission shall consist of not less than fifteen, nor more than twenty-five members, appointed by the Governor, one of which shall serve as chair and one of which shall serve as vice-chair. Said members shall include representatives of local and state law enforcement agencies from geographically and demographically diverse regions and representatives of community watch groups from throughout the Commonwealth. The commission shall have the authority to create subcommittees, as needed, to fulfill its purposes. The members of said subcommittees need not be limited to persons appointed to the commission.

(1) Advising the Governor and the Executive Office of Public Safety on the development and support of crime watch groups and strategies at the neighborhood level;

(2) Helping to foster strong ties between community residents and law enforcement agencies;

(3) Assisting in the development of a statewide network of community policing efforts and the development of training capabilities to support and strengthen these efforts;

(4) Providing a forum in which the Commonwealth's community crime watch groups and law enforcement officers can develop a comprehensive, statewide criminal justice strategy aimed at making our neighborhoods safe and present this strategy to the Governor and other appropriate officials in the Commonwealth; and

(5) Develop and administer grant programs, subject to appropriation, to support the efforts of local crime watch organizations and efforts.

(d) The commission may, subject to appropriation, incur and expend such funds as may be necessary with the administration of the commission.