HOUSE DOCKET, NO. 990        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1497

The Commonwealth of Massachusetts

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PRESENTED BY:

Rady Mom

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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 to prohibit gunfire directed at dwelling houses.

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PETITION OF:

HOUSE DOCKET, NO. 990        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1497

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act to prohibit gunfire directed at dwelling houses.

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 is hereby amended by adding after Section 18C the following section: -

Section 18D. Whoever, being armed with a firearm, rifle, shotgun, sawed-off shotgun, machine gun, assault weapon, or other weapon capable of discharging a bullet or shot, discharges such weapon with intent to strike a dwelling house, and as a result does strike a dwelling house, shall be punished by imprisonment in the state prison for a term of not less than five years nor more than twenty years; provided, however, that whoever commits said offense after having been previously convicted of a felony or of a violent crime, as defined by Chapter 140, Section 121, shall be punished by imprisonment in the state prison for not less than ten years nor more than twenty years. 

A sentence imposed under this section shall not be reduced nor suspended, nor shall any person convicted under this section be eligible for probation, parole, furlough or work release or receive any deduction from his sentence for good conduct until he shall have served the minimum term of such additional sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.