Amendment #1 to H.4184

Relative to the prevention of child sex abuse

Mrs. O'Connell of Taunton move that the bill be amended by adding the following new section:-



“SECTION XX: Chapter 265 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 23, the following new section:-



Section 23 ½.



(a) Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under 13 years of age, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 25 years. The sentence imposed on such person shall not be reduced to less than 25 years, or 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 25 years of such sentence.



(b) Whoever is convicted of a second offense of this section shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 40 years. The sentence imposed on such person shall not be reduced to less than 40 years, or 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 40 years of such sentence.



(c) Whoever is convicted of a third or subsequent offense of this section shall be punished by imprisonment in the state prison for life. No person convicted of a third offense of this section shall be eligible for parole.



Prosecutions commenced under this section shall neither be continued without a finding nor placed on file."