HOUSE DOCKET, NO. 2734        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1692

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Donald H. Wong

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Donald H. Wong

9th Essex

 

John P. Fresolo

16th Worcester

 

Bradford Hill

4th Essex

 

Elizabeth A. Poirier

14th Bristol

 

Viriato Manuel deMacedo

1st Plymouth

2/1/2013


HOUSE DOCKET, NO. 2734        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1692

By Mr. Wong of Saugus, a petition (accompanied by bill, House, No. 1692) 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.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1389 OF 2011-2012.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

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.