Bill H.1389

HOUSE DOCKET, NO. 1329 FILED ON: 1/20/2011

HOUSE . . . . . . . . . . . . . . . No. 1389

The Commonwealth of Massachusetts

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PRESENTED BY:

Donald H. Wong

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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 relative to rape of a child by force.

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PETITION OF:

Name:	District/Address:	Date Added:
Donald H. Wong	9th Essex	1/20/2011
Paul Adams	17th Essex	2/4/2011
F. Jay Barrows	1st Bristol	2/2/2011
Carlo Basile	1st Suffolk	2/3/2011
Richard Bastien	2nd Worcester	2/3/2011
Matthew A. Beaton	11th Worcester	2/3/2011
Linda Campbell	15th Essex	2/3/2011
Nick Collins	4th Suffolk	2/4/2011
Edward F. Coppinger	10th Suffolk	2/4/2011
James J. Dwyer	30th Middlesex	2/3/2011
Paul K. Frost	7th Worcester	2/4/2011
Robert L. Hedlund		2/3/2011
Bradley H. Jones, Jr.	20th Middlesex	2/3/2011
Kevin J. Kuros	8th Worcester	2/3/2011
Steven L. Levy	4th Middlesex	1/30/2011
Marc T. Lombardo	22nd Middlesex	2/3/2011
Shaunna O'Connell	3rd Bristol	2/2/2011
George N. Peterson, Jr.	9th Worcester	2/4/2011
Elizabeth A. Poirier	14th Bristol	2/2/2011
George T. Ross	2nd Bristol	2/3/2011
Joyce A. Spiliotis	12th Essex	2/4/2011
David M. Torrisi	14th Essex	2/4/2011
Daniel K. Webster	6th Plymouth	2/3/2011

HOUSE DOCKET, NO. 1329 FILED ON: 1/20/2011

HOUSE . . . . . . . . . . . . . . . No. 1389

By Mr. Wong of Saugus, a petition (accompanied by bill, House, No. 1389) of Donald H. Wong and others relative to the penalty imposed by the courts in the Commonwealth for the rape of a child under fourteen years of age. The Judiciary.

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to rape of a child by force.

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. Chapter 265 of the General Laws as appearing in the 2008 Official Edition, is hereby amended by inserting after section 22C the following new section:

Section 22D. Whoever has sexual intercourse or unnatural sexual intercourse with a child under 14, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury shall be punished by imprisonment in the state prison for life or for any term of years but no less than 30 years. The sentence imposed on such person shall not be reduced to less than 30 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 30 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding, sealed, nor placed on file.

Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than 45 years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life. The sentence imposed on such person shall not be reduced, or suspended, nor shall nay person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good. Prosecutions commenced under this section shall neither be continued without a finding, sealed nor placed on file.