SENATE DOCKET, NO. 956        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 884

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 protecting children from harm.

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PETITION OF:

SENATE DOCKET, NO. 956        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 884

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act protecting children from harm.

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 22A of Chapter 265 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding after “for any term of years” The following:- “but not less than 15 years.  The sentence imposed on such person shall not be reduced to less than 15 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 15 years of such sentence.

            SECTION 2. Section 22B of Chapter 265 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking section (f) and replacing it with the following: - (f) has been previously convicted of or adjudicated delinquent or as a youthful offender for: indecent assault and battery on a child under 14 as set forth in section 13B; aggravated indecent assault and battery on a child under 14 as set forth in section 13B1/2; indecent assault and battery on a person 14 or older as set forth in section 13H; assault of a child with intent to commit rape as set forth in section 24B; rape of a child with force as set forth in section 22A; aggravated rape of a child with force as set forth in section 22B; rape and abuse of a child as set forth in section 23; aggravated rape and abuse of a child as set forth in section 23A; rape as set forth in section 22; or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority; or

            (g)  the sexual intercourse or unnatural sexual intercourse was committed in a manner in which the victim could contract a sexually transmitted disease or infection of which the defendant knew or should have known he was a carrier, shall be punished by imprisonment in the state prison for life or for any term of years, but not 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 nor placed on file.

            SECTION 3. Chapter 265 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following new section:

            Section 49.  Three or more offenses. 

            Whoever is convicted three or more times, whether subsequent or prior violations of 13B, 13B ½, 13H, 13F, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, or 26C of chapter 265, section 3, 4, 4A, 4B, 28, 29A, 29B, 29C, 35, 35A, 29B, 29Cof chapter 272, or like violations of the laws of another state, the United States or a military, territorial or Indian tribal authority shall be punished by imprisonment in the state prison for life. The sentence imposed on such person shall not be reduced, 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. Prosecutions commenced under this section shall neither be continued without a finding, sealed nor placed on file.

            In any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant's biographical and informational data from records of the department of probation, any jail or house of correction or the department of correction shall be prima facie evidence that the defendant before the court had been convicted previously by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant's guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant's commission of any prior conviction described therein. The commonwealth shall not be required to introduce any additional corroborating evidence or live witness testimony to establish the validity of such prior conviction.