Amendment #17 to S.1897

Amendment to SECTION 28

Representatives O'Connell of Taunton, Cole of Peabody and Durant of Spencer move that the bill be amended by striking out SECTION 28 and inserting in place thereof the following section:-

“SECTION 28: Chapter 265 of the General Laws is hereby amended by striking out section 13M, as so appearing, and inserting in place thereof the following section:-



Section 13M. (a) Whoever commits an assault or assault and battery on a family or household member, as defined in section 1 of chapter 209A, shall be punished by imprisonment in the house of correction for not more than 2½ years or by a fine of not more than $5,000 or both.



(b) Whoever is convicted of committing an assault or assault and battery on a family or household member, after having previously been convicted of, placed on probation for, granted a continuance without a finding for, or otherwise having pleaded guilty to or admitted to a finding of sufficient facts for (1) an assault or assault and battery on a family or household member; (2) an offense that has as an element the use, attempted use, or threatened use of physical force against the person of another; (3) an offense that has as an element the possession, use, or threatened use of a deadly weapon; (4) a sex offense, as defined in section 178C of chapter 6, or (5) a violation of section7 of chapter 209A, shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2½ years, or by a fine of not more than $10,000, or by both such fine and imprisonment; provided further that such sentence or fine shall not be suspended, rescinded or reduced.



(c) For any violation of subsection (b), or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batterer’s intervention program unless, upon good cause shown, the court issue specific written findings describing the reasons that batterer’s intervention should not be ordered or unless the batterer’s intervention program determines that the defendant is not suitable for intervention.



(d) Whoever is convicted of committing an assault or assault and battery on a family or household member, after having previously been convicted of, placed on probation for, granted a continuance without a finding for, or otherwise having pleaded guilty to or admitted to a finding of sufficient facts on two prior occasions for (1) an assault or assault and battery on a family or household member; (2) an offense that has as an element the use, attempted use, or threatened use of physical force against the person of another; (3) an offense that has as an element the possession, use, or threatened use of a deadly weapon; (4) a sex offense, as defined in section 178C of chapter 6, or (5) a violation of section7 of chapter 209A, shall be punished by imprisonment in the state prison for the maximum allowable term provided for in subsection (d), imprisonment in the house of correction for the maximum allowable term provided for in subsection (d), or by a fine of not more than $10,000, or by both such fine and imprisonment; provided further that such sentence or fine shall not be suspended, rescinded or reduced; provided further that the defendant shall complete a certified batterer’s intervention program.”