SENATE DOCKET, NO. 1423        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 804

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr

_________________

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 sexual deviants.

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PETITION OF:

 

Name:

District/Address:

Bruce E. Tarr

First Essex and Middlesex

John P. Fresolo

16th Worcester

Randy Hunt

5th Barnstable

Angelo L. D'Emilia

8th Plymouth

Cheryl A. Coakley-Rivera

10th Hampden

James J. Dwyer

30th Middlesex

James J. Lyons, Jr.

18th Essex

Geoff Diehl

7th Plymouth

Nicholas A. Boldyga

3rd Hampden

Bradley H. Jones, Jr.

20th Middlesex

Michael R. Knapik

Second Hampden and Hampshire

Steven S. Howitt

4th Bristol

Ryan C. Fattman

18th Worcester

Joseph DiPietro, the President of Protect Mass Children

1150 Walnut Street, Newton, MA


SENATE DOCKET, NO. 1423        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 804

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 804) of Bruce E. Tarr, John P. Fresolo, Randy Hunt, Angelo L. D'Emilia and other members of the General Court for legislation relative to sexual deviants.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relative to sexual deviants.

 

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 2010 Official Edition, is hereby amended by inserting after section 22C the following new section:

Section 22D. Whoever is convicted three or more times, whether subsequent or prior violations of section 13B, 13B½, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26, 26C, 26D or 44 of chapter 265; section 3, 4, 4A, 4B, 28, 29A, 29B, 29C, 35, 35A, or 53A (C) or 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 guild 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 of live witness testimony to establish the validity of such prior conviction.