HOUSE DOCKET, NO. 70        FILED ON: 1/4/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 986

The Commonwealth of Massachusetts

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PRESENTED BY:

Timothy R. Whelan

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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 increase penalties for heroin distribution.

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PETITION OF:

HOUSE DOCKET, NO. 70        FILED ON: 1/4/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 986

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1670 OF 2015-2016.]

The Commonwealth of Massachusetts

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

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An Act to increase penalties for heroin distribution.

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. Section 32 of Chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking subsection (c) and inserting in place thereof the following;

(c)  Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section thirty-one shall be punished by a term of imprisonment in the state prison for not less than two and one-half nor more than ten years or by imprisonment in a jail or house of correction for not less than one nor more than two and one-half years. No sentence imposed under the provisions of this subsection shall be for less than a mandatory minimum term of imprisonment of 2 ½ years and a fine of not more than $10,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

SECTION 2. Section 32 of Chapter 94C of the General Laws, as so appearing, is hereby amended by adding the following as subsection (d).

(d) (c) Any person serving a mandatory minimum sentence for violating any provision of this section shall be eligible for parole after serving one-half of the maximum term of the sentence if the sentence is to the house of correction, except that such person shall not be eligible for parole upon a finding of any 1 of the following aggravating circumstances:

(i) the defendant 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 defendant 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.

A condition of such parole may be enhanced supervision; provided, however, that such enhanced supervision may, at the discretion of the parole board, include, but shall not be limited to, the wearing of a global positioning satellite tracking device or any comparable device, which shall be administered by the board at all times for the length of the parole.