HOUSE DOCKET, NO. 4758        FILED ON: 4/13/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4426

 

The Commonwealth of Massachusetts

_________________

Image1

Office of the Governor

Commonwealth of Massachusetts

· , MA

 

 

CHARLES D. BAKER

GOVERNOR

 

KARYN POLITO

LIEUTENANT GOVERNOR

 

April 13, 2018

 

To the Honorable House of Representatives,

 

Earlier today I signed An Act Implementing the Joint Recommendations of the Massachusetts Criminal Justice Review and An Act Relative to Criminal Justice Reform.  I am grateful for the partnership among members of our administration, the legislature and the judiciary in conducting the Massachusetts Criminal Justice Review and working together on this landmark legislation.  I am also thankful for the tremendous effort the legislature has put into crafting An Act Relative to Criminal Justice Reform.  This complicated piece of legislation touches many different parts of the criminal justice system.  When viewed as a whole, the legislation makes our system better.  There are process improvements from policing to corrections.  Some sentences are enhanced; others are modified to allow for judicial discretion. Overall, this proposal makes the criminal justice system stronger by giving prosecutors new tools to combat the opioid epidemic and by holding offenders accountable while also giving them greater abilities to achieve positive outcomes in their lives. 

There are, however, some aspects of An Act Relative to Criminal Justice Reform which I believe require significant modification.  There are also other provisions that may have unintended, negative consequences that should be corrected.  In view of all of the urgently needed reforms this bill entails, I believe it is appropriate to avoid the delay in enactment that would result if I were to return the legislation with proposed amendments.  Accordingly, I signed the legislation and am submitting for your consideration “An Act Building on Criminal Justice Reform” to address these issues. 

Our administration has already begun reaching out to members of the legislature to discuss some of these changes.  Based on those initial discussions, I expect that there are a number of changes which we agree are appropriate and on which we can reach prompt resolution.  These include:

Ensuring that law enforcement agencies, the Department of Early Education and Care and other agencies that currently have access to sealed records maintain that access.  The ability to review sealed records is critical to firearms licensing decisions and the evaluation of day care providers and other professionals who care for and interact with children.

Preserving the ability of sheriffs and the Department of Correction to transfer a sentenced prisoner from a house of correction to a Department of Correction facility in appropriate circumstances.

Strengthening the new expungement procedures against a potential constitutional challenge by ensuring that any courtroom closure is done after due consideration of the public’s right to access the courts.

Preventing certain crimes involving children from being dismissed over the objection of a prosecutor or converted into civil infractions.

Clarifying updates to the juvenile justice laws to ensure that the police, courts and the Department of Youth Services are best able to perform their respective roles in the juvenile justice process.

Restoring a provision of Melanie’s Law that lengthened the mandatory driver’s license suspension for motor vehicle homicide from ten years to fifteen years.

Other proposals will require more discussion and debate.  In my view, there are some provisions in An Act Relative to Criminal Justice Reform that require significant modification to strike the proper balance in several areas, including respecting decision-making within a family, ensuring that mandated reporters of child abuse are able to continue making those reports in all circumstances, and giving appropriate deference to the Department of Correction in the management of our prisons.

First, the Act prevents a parent from testifying against his or her child in a criminal case even if the parent concludes that the consequences from the justice system are the best thing for that child or their family as a whole and wants to testify.  While I agree that, except in cases where the victim is a member of the family, no parent or child should be forced to testify against the other, we should respect the decisions of parents and children who want to be heard in court.  When a willing witness to a crime comes forward, courts should hear from that person.  Restricting testimony means more cases in which justice is not done.  The enclosed bill converts this ban on testimony into a privilege that can be exercised by a parent or child.

Second, the enclosed bill also clarifies that the confidentiality provisions of the new restorative justice program do not supersede the duty of a mandated reporter to report the abuse or neglect of a child.

Third, the Act places a number of requirements on the Department of Correction.  While many of these requirements reflect current agency practice, others impose new and unnecessary burdens on the Department that will have serious negative impacts on the operation and safety of our prisons.  The enclosed bill addresses these issues by restoring necessary discretion to the Department, with a particular focus on the provisions of the Act relating to restrictive housing.  We can all agree that there should be limits on the use of restrictive housing, that is, a housing assignment in which an inmate is confined to a cell for more than 22 hours per day.  We can also all agree that those with serious mental illnesses need special consideration.  However, the Act’s definition of serious mental illness is so broad that it includes any inmate with an anxiety disorder, no matter how well managed with medication, and trauma and stressor related disorders.  The enclosed bill includes a more narrow definition of “serious mental illness” that, when appropriate, incorporates the concept of significant functional impairment.

Additional provisions in the enclosed bill improve the medical parole process and the Forensic Science Oversight Board established by the Act.  Those serving life without parole for first degree murder, sexually dangerous persons and sex offenders who have yet to be finally classified will be categorically ineligible for medical parole.  The Commissioner of Correction and doctors who participate in the medical parole process will be insulated from civil liability.  Time consuming judicial review, which can be particularly inappropriate when a prisoner has a terminal illness, is eliminated.  The Forensic Science Oversight Board is updated to take into account the vital role accrediting bodies play in the oversight of crime labs.  In addition to updating and expanding the Board’s membership to include people with relevant experience working in accredited crime laboratories, the enclosed bill ensures adequate law enforcement representation on the Board and includes enhanced conflict of interest provisions.  The Board’s governance structure is also altered to provide for majority rule. 

Finally, the Act creates a number of new requirements for public safety agencies.  Meeting these mandates is not possible without hiring new staff, purchasing new equipment and software, updating computer systems and building new lab space.  This requires additional funding.  Accordingly, the enclosed bill seeks a $15,000,000 appropriation to begin implementation of the Act in Fiscal Year 2018 and Fiscal Year 2019.  Sufficient revenues are estimated to be available to finance this appropriation.  While we are continuing to work on cost estimates for Fiscal Year 2019, I expect that the Fiscal Year 2019 budget will need to include as much as an additional $40,000,000 to fully implement the Act.

I urge your prompt and favorable review of this legislation.

Respectfully submitted

 

Charles D. Baker,

Governor


HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4426

 

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act building on criminal justice reform.

 

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith make certain changes in laws relative to and appropriate funds necessary for the administration of justice in the Commonwealth and, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2018, the sum set forth in section 2A is hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2018.  This sum shall be in addition to any amounts previously appropriated and made available for the purposes of that item.  This sum shall be available until June 30, 2019.

SECTION 2A.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary

1599-1028For a reserve to meet the expenses associated with the implementation of chapter 69 of

the acts of 2018; provided, that the secretary of administration and finance may transfer funds from this item to state agencies as defined in section 1 of chapter 29 of the General Laws              $15,000,000

SECTION 3.  Chapter 6 of the General Laws, as amended by section 9 of chapter 69 of the acts of 2018, is hereby further amended by striking out section 184A and inserting in place thereof the following section:-

Section 184A.  (a) There shall be a forensic science oversight board in the executive office of public safety and security. The board shall have oversight authority over all commonwealth facilities engaged in forensic services in criminal investigations, and shall provide enhanced, objective and independent oversight of the handling and analysis of forensic evidence used in criminal matters, including the integrity of such forensic analysis performed in state and municipal laboratories.

The board shall consist of: the undersecretary for forensic sciences or a designee, who shall serve as chair; and 16 additional members who shall be appointed by the governor, 1 of whom shall be a forensic scientist with practical experience in an accredited crime laboratory, 1 of whom shall have senior level expertise in forensic laboratory management within an accredited crime laboratory, 1 of whom shall have expertise in cognitive bias, 1 of whom shall have expertise in statistics, 1 of whom shall be in academia in a research field involving forensic science, 1 of whom shall have expertise in  Massachusetts law enforcement, 1 of whom shall be a forensic scientist who shall have a specialty in the natural, physical or biological sciences, 1 of whom shall have expertise in quality assurance management within an accredited crime laboratory, 1 of whom shall be nominated by the Massachusetts District Attorneys Association, 1 of whom shall be nominated by the attorney general, 1 of whom shall be nominated by the committee for public counsel services, 1 of whom shall be nominated by the Massachusetts Association of Criminal Defense Lawyers, Inc., 1 of whom shall be nominated by the New England Innocence Project, Inc., 1 of whom shall be nominated by the Massachusetts Chiefs of Police Association, 1 of whom shall be nominated by the Massachusetts Major City Chiefs of Police Association, Inc., and 1 of whom shall have expertise in forensic pathology and be nominated by the Chief Medical Examiner.

A member, other than the undersecretary for forensic sciences or a designee and those members nominated by a person or committee, shall not be employed by or affiliated with a commonwealth or municipal forensic laboratory throughout the term of membership and shall not be engaged in providing testimony in the area of forensic science in criminal or civil cases within the commonwealth.  Members who are not state employees shall be considered special state employees for purposes of chapter 268A.

(b)  All appointments to the board shall be for a term of 4 years, with the members initially appointed serving staggered terms. A vacancy, other than by expiration of term, shall be filled by the governor for the unexpired term.  Staff for the board shall be provided by the executive office of public safety and security.  The board shall meet at times and places as is requested by a majority of its members and shall not meet less than quarterly.  Members shall not designate a proxy to vote in their absence.  Members of the board shall serve without compensation but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.

(c)  Not more than 6 months following the appointment of its membership, the board shall, subject to appropriation, conduct a comprehensive review of the operation and management of all publicly operated facilities in the commonwealth engaged in forensic services in criminal investigations Such review shall include, but not be limited to, evaluating: (i) the capabilities of each such facility engaged in forensic services and such facility’s ability to process evidence necessary to comply with the General Laws; (ii) the condition and accuracy of testing equipment; (iii) the handling, processing, testing and storage of evidence by such facilities; (iv)  the professional qualifications and standards necessary to serve as the head of the facility; and (v) the qualifications and management  of laboratory personnel.  The results of such review, together with any recommendations for regulatory or legislative actions, shall be reported to the clerks of the house and senate, the secretary of public safety and security, the joint committee on the judiciary, the joint committee on public safety and homeland security, the house and senate committee on ways and means, the colonel of the state police and the chief of police for any municipality operating such a facility.

(d)  The board shall, subject to appropriation, upon a majority vote, initiate an investigation into any forensic science, technique or analysis used in a criminal matter upon: (i) application by a person alleging that a forensic technique in common use is not scientifically valid; or (ii) a determination that an investigation of a forensic analysis would advance the integrity and reliability of forensic science in the commonwealth.

The board shall report the results of an investigation by the board, with any resulting recommendations, to the executive office of public safety and security, the joint committee on public safety and homeland security, the supreme judicial court, the Massachusetts District Attorneys Association, the attorney general, the committee for public counsel services, the Massachusetts Association of Criminal Defense Lawyers, Inc. and the New England Innocence Project, Inc.

(e)  The board shall develop, implement and periodically review a system for forensic laboratories to report professional negligence or misconduct and any such facility shall be required to report to the board any instance of professional negligence and misconduct.

(f)  The board shall actively engage stakeholders in the criminal justice system in forensic development initiatives and shall recommend ways to improve education and training in forensic science and the law, and identify measures to improve the quality of forensic analysis performed in laboratories.

(g)  The board shall develop, implement and periodically review a system to evaluate laboratory accreditation, including securing and maintaining such accreditation for non-accredited laboratories, and shall ensure that every facility is actively accredited and in compliance with standards promulgated by the International Organization of Standardization.

(h)  The board shall review any budget request of the undersecretary for forensic sciences, including any recommendations for the allocation of resources and expansion of services, and may provide its own recommendations to the secretary of the executive office of public safety and security.

(i)  The board shall review protocols to ensure proper chain of custody of evidence. (j)  The board shall receive and review quarterly reports from the undersecretary for forensic sciences that shall include such information as the board requests, and which shall, at a minimum, include: (1) the volume of forensic services of each facility; (2) the volume of forensic services requests for each county; (3) the length of time from submission for testing and the return of results from such facilities; and (4) the accreditation status of each facility..

At the direction of the board, the undersecretary for forensic sciences shall advise the board on issues as the board shall request.  The undersecretary shall make recommendations for the allocation of resources and expansion of services, and on an annual basis, submit budget recommendations to the secretary of the executive office of public safety and security and the board.

SECTION 4. Subsection (a) of section 3 of chapter 22E of the General Laws, as inserted by section 19 of said chapter 69, is hereby amended by inserting after the first sentence the following sentence:- No person who has a DNA record in the state DNA database and is subsequently convicted of such an offense or adjudicated a youthful offender by reason of such an offense shall be required to submit an additional sample.

SECTION 5.  Subsection (d) of section 24G of chapter 90 of the General Laws, as inserted by section 37 of said chapter 69, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-  When a motor vehicle is the instrument of the offense, the registrar shall revoke the license or right to operate of a person convicted of a violation of subsection (a), (b) or (c), or punished under section 13 of chapter 265, for a period of 15 years after the date of conviction for a first offense. 

SECTION 6.  Section 32H½ of chapter 94C of the General Laws, as inserted by chapter 72 of the acts of 2018, is hereby amended by striking out subsection (a) and inserting in place  thereof the following subsection:-

(a) As used in this section, the words “ineligible offender” shall have the following meaning: any person sentenced to a mandatory minimum term of imprisonment in the state prison upon conviction for: (1) violating sections 32, 32F or 32K, or subsections (c), (c½) or (c¾) of section 32E; (2) violating section 32A by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense a controlled substance defined in clauses (1), (2) or (3) of paragraph (a) of Class B of section 31 or any other offense under this chapter involving the illegal manufacturing, distribution, dispensing or possession with intent to manufacture, distribute or dispense a naturally occurring, synthetic or semi-synthetic opioid; or (3) violating this chapter, upon a finding of any 1 of the following aggravating circumstances: (i) the person used violence or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, or induced another participant to do so, during the commission of the offense; (ii) the person engaged in a course of conduct whereby he directed the activities of another who committed any felony in violation of chapter 94C; or (iii) the offense was committed during the commission or attempted commission of a violation of section 32F or section 32K of chapter 94C.

SECTION 7.  Section 52 of chapter 119 of the General Laws, as amended by section 72 of chapter 69 of the acts of 2018, is hereby further amended by striking out the definition of “Delinquent child” and inserting in place thereof the following definition:-

“Delinquent child”, a child between 12 and 18 years of age who commits any offense against a law of the commonwealth; provided, however, that a child shall not be adjudged a delinquent child for an offense that is a civil infraction, a violation of any municipal ordinance or town by-law or a first offense of a misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than 6 months or both such fine and imprisonment.

SECTION 8. Section 87 of said chapter 119, as inserted by section 80 of said chapter 69, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The department of youth services and the department of correction shall not place in a secure detention facility or secure correctional facility any juvenile who has: (1) been charged with or who has committed an offense that would not be criminal if committed by an adult, except juveniles who are held in accordance with the interstate compact on juveniles, as enacted by the commonwealth; (2) not been alleged or adjudicated to be a delinquent child or youthful offender; or (3) been alleged to be dependent on the court, neglected or abused if that allegation is the sole basis for the placement.

SECTION 9.  Section 1 of chapter 127 of the General Laws, as amended by section 86 of said chapter 69, is hereby further amended by striking out the definition of “Serious mental illness” and inserting in place thereof the following 2 definitions:-

“Serious mental illness”, a current or recent diagnosis by a qualified mental health professional, of 1 or more of the following disorders described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM): (i) schizophrenia, schizophreniform, schizoaffective, and other psychotic disorders not otherwise specified; (ii) major depressive disorders; (iii) bipolar disorders I and II; (iv) a neurodevelopmental disability, dementia or other cognitive disorder that results in a significant functional impairment involving acts of self-harm or other behaviors that have a seriously adverse effect on life or on mental or physical health; (v) any disorder commonly characterized by breaks with reality or perceptions of reality that lead the individual to experience significant functional impairment involving acts of self-harm or other behaviors that have a seriously adverse effect on life or on mental or physical health; or (viii) severe personality disorders that are manifested by episodes of psychosis or depression and result in significant functional impairment involving acts of self-harm or other behaviors that have a seriously adverse effect on life or on mental or physical health; 

“Significant functional impairment”,  a functional impairment where (i) the inmate has engaged in self harm involving deliberate acts by the inmate that inflict damage to, or threaten the integrity of, one’s own body.  Such acts include but are not limited to the following behaviors: hanging, self-strangulation, asphyxiation, cutting, self-mutilation, ingestion of a foreign body, insertion of a foreign body, head banging, drug overdose, jumping and biting; (ii) the inmate has demonstrated difficulty in his or her ability to engage in activities of daily living, including eating, grooming and personal hygiene, maintenance of housing area, participation in recreation, and ambulation, as a consequence of any DSM disorder; (iii) the inmate has demonstrated a pervasive pattern of dysfunctional or disruptive social interactions including withdrawal, bizarre or disruptive behavior,  as a consequence of any DSM disorder.

SECTION 10.  Section 32A of said chapter 127, as inserted by section 91 of said chapter 69, is hereby amended by striking out clause (iv) and inserting in place thereof the following clause:-

(iv) housed in an appropriate correctional facility with consideration given to the prisoner’s housing preference,  unless the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing that the prisoner’s particular housing request would not ensure the prisoner’s health or safety or that the requested placement would present management or security problems.

SECTION 11. Section 39 of said chapter 127, as inserted by section 93 of said chapter 69, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) In addition to meeting all mandatory standards for health and sanitation in correctional facilities established by the department of public health, restrictive housing units shall provide: (i) meals that meet the same nutritional standards defined by the commissioner as for general population prisoners; (ii) access to showers not less than 3 days per week; (iii) visitation privileges and communication by those properly authorized; provided,  however, that said authorization may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for any given offense; (iv) access to reading and writing materials unless clinically contraindicated; (v) access to a radio or television if confinement exceeds 30 days; provided, however, that such access may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for any given offense; (vi) access to limited canteen purchases and privileges to retain property in a prisoner’s cell, consistent with the safety and security of the unit; provided, however, that such access and privileges may be restricted for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for any given offense; (vii) the same access to disability accommodations as prisoners in general population, except where inconsistent with the security of the unit; and (viii) other rights and privileges as may be established or recognized by the commissioner.

SECTION 12.  Subsection (a) of section 39B of said chapter 127, as so inserted, is hereby amended by striking out clause (iv) and inserting in place thereof the following clause:-

(iv) has been committed to disciplinary restrictive housing, not later than 6 months and every 6 months thereafter.

SECTION 13.  Said section 39B of said chapter 127, as so inserted, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) A prisoner who is placed in a secure treatment unit shall receive review of that placement by such prisoner’s treatment team upon arrival at the unit and on an ongoing basis as clinically indicated.

SECTION 14. Section 39D of said chapter 127, as so inserted, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

The commissioner shall publish quarterly and provide directly to the restrictive housing oversight committee the number of prisoners held in each restrictive housing unit within each state and county correctional facility.

SECTION 15.  Section 39F of said chapter 127, as so inserted, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Notwithstanding the previous paragraph, any prisoner who has fewer than 180 days until the prisoner’s mandatory release date or parole release date and is held in restrictive housing shall be offered re-entry programming that shall include, but shall not be limited to, substantial re-socialization programming in a group setting, regular mental health counseling to assist with the transition, housing assistance, assistance obtaining state and federal benefits, employment readiness training and programming designed to help the person rebuild interpersonal relationships, which may include, but shall not be limited to, reentry planning services similar to those offered to inmates in a general population setting.

SECTION 16.  Section 48 of said chapter 127, as amended by section 95 of said chapter 69, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Subject to appropriation, the commissioner shall maintain and administer as deemed appropriate at least 1 educational program leading to the award of a high school equivalency certificate for persons who are committed to the custody of the department or to a county correctional facility for not less than 6 months, and who have not obtained a high school degree or equivalency.

SECTION 17.  Section 97 of said chapter 127, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 6, the words “except the state prison”.

SECTION 18.  Section 119A of said chapter 127, as inserted by section 97 of chapter 69 of the acts of 2018, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) The authority to grant or deny medical parole rests solely within the discretion of the commissioner.

SECTION 19.  Said section 119A, as so inserted, is hereby further amended by adding the following two subsections:-

(j) No prisoner serving a life sentence without the possibility of parole, and no sexually dangerous person as defined in section 1 of chapter 123A, shall be eligible for medical parole.  No person convicted of a sex offense as defined in section 178C of chapter 6A shall be eligible for medical parole until the prisoner has been finally classified by the sex offender registry board, and the district attorney, or the attorney general at the request of the district attorney, has had the opportunity to petition the court, consistent with the requirements of section 14 of chapter 123A, for a trial to determine if the prisoner is a sexually dangerous person.

(k) Physicians, employers of physicians, and public employees shall not be liable in a civil proceeding for any act or omission pursuant to the provisions of this section if acting in good faith.

SECTION 20.  Section 20 of chapter 233 of the General Laws, as amended by section 111 of said chapter 69, is hereby further amended by striking out clause Fourth and inserting in place thereof the following clause:-

Fourth, A parent shall not be compelled to testify against the parent’s minor child and a minor child shall not be compelled to testify against the child’s parent in a proceeding before an inquest, grand jury, trial of an indictment or complaint or any other criminal, delinquency or youthful offender proceeding in which the victim in the proceeding is not a family member and does not reside in the family household; provided, however, that for the purposes of this clause, “parent” shall mean the natural or adoptive mother or father of said child; provided further, that a parent shall not testify as to any communication with the parent’s minor child that was for the purpose of seeking advice regarding the minor child’s legal rights.

SECTION 21.  Chapter 276 of the General Laws is hereby amended by striking out sections 100P and 100Q, as inserted by section 195 of said chapter 69, and inserting in place thereof the following 2 sections:-

Section 100P.  The court shall, upon a written finding of good cause, exclude the general public from any judicial proceeding where the court will be hearing a petition for an expungement admitting only such persons as may have a direct interest in the case.

Section 100Q.  Unless otherwise provided by law, no person shall make records sealed pursuant to section 100A, or 100B available for inspection in any form by any person. No person shall make records expunged pursuant to section 100F, section 100G, section 100H or section 100K available for inspection in any form by any person.

SECTION 22. The second sentence of section 4 of chapter 276B of the General Laws, as inserted by section 202 of said chapter 69, is hereby amended by adding the following words:- ; provided, further that nothing in this section shall preclude a mandated reporter from meeting statutory obligations.

SECTION 23. Section 70C of chapter 277 of the General Laws, as amended by sections 203 through 205 of said chapter 69, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:-  The provisions of this section shall not apply to the offenses in sections 22F, 24, 24D, 24G, 24L, and 24N of chapter 90, sections 8, 8A, and 8B of chapter 90B, sections 34, 36, 39, 51A, 51E, 51F, 55, 63 and 63A of chapter 119, chapter 119A, chapter 209, chapter 209A, chapter 265, section 25 of chapter 266, sections 1, 2, 3, 6, 6A, 6B, 8B, 13, 13A, 13B, 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 23, 28, 31 and 36 of chapter 268, chapter 268A, sections 10, 10A, 10C, 10D, 10E, 11B, 11C, 11E, 12, 12A, 12B, 12D and 12E of chapter 269 and sections 1, 2, 3, 4, 4A, 4B, 6, 7, 8, 12, 13, 16, 28, 29A and 29B of chapter 272.