HOUSE DOCKET, NO. 3489        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3155

The Commonwealth of Massachusetts

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PRESENTED BY:

Steven L. Levy

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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 the safety of the children in the Commonwealth.

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PETITION OF:

HOUSE DOCKET, NO. 3489        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3155

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3529 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to the safety of the children in the Commonwealth.

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.  Paragraph 1 of section 22A of chapter 265 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the words:-  “shall be punished by imprisonment in the state prison for life or for any term of years.  A prosecution commenced under this section shall neither be continued without a finding not placed on file.” and inserting in place thereof the following words:- “shall be punished in the state prison for life or for any term of years not less than ten years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without finding.  The sentence imposed on such person shall not be reduced to less than ten years, nor suspended, not shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served ten years of such sentence.  The provision of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.”

SECTION 2.  Section 23 of chapter 265 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the words:-  “shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction.  A prosecution commenced under this section shall neither be continued without a finding nor placed on file.” and inserting in place thereof the following words:- “shall be punished by imprisonment in the state prison, in a jail or house of correction for life or any term of years not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.  The sentence imposed on such person shall not be reduced to less than five years, not suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served five years of such sentence.  The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.”

Section 3.  Section 13B of chapter 265 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the words:-  “shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 2½ years.  A prosecution commenced under this section shall neither be continued without a finding nor placed on file.”  and inserting in place thereof the following words:- “shall be punished by imprisonment in the state prison, in a jail or house of correction for life or any term of years not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without finding.  The sentence imposed on such person shall not be reduced to less than five years, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served five years of such sentence.  The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.”