SENATE DOCKET, NO. 1476        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 941

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael F. Rush

_________________

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 properly punish the solicitation of felony crimes.

_______________

PETITION OF:

 

Name:

District/Address:

 

Michael F. Rush

Norfolk and Suffolk

 

Linda Dean Campbell

15th Essex

2/3/2017

Paul McMurtry

11th Norfolk

2/7/2017

Ryan C. Fattman

Worcester and Norfolk

3/20/2017


SENATE DOCKET, NO. 1476        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 941

By Mr. Rush, a petition (accompanied by bill, Senate, No. 941) of Michael F. Rush, Linda Dean Campbell and Paul McMurtry for legislation to prohibit solicitation of a felony.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 899 OF 2015-2016.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act to properly punish the solicitation of felony crimes.

 

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 274 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding after section 7 the following section: -

Section 8. Whoever solicits, counsels, advises, or otherwise entices another to commit a crime that may be punished by imprisonment in the state prison and who intends that the person, in fact, commit or procure the commitment of the crime alleged shall, except as otherwise provided, be punished as follows:

First, by imprisonment for not more than 20 years in the state prison or for not more than 2½ half years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement is a crime punishable by imprisonment for life.

Second, by imprisonment for not more than 10 years in the state prison or for not more than 2½ years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement is a crime punishable by imprisonment in the state prison for 10 years or more.

Third, by imprisonment for not more than 5 years in the state prison or for not more than 2½ years in a jail or house of correction, or by a fine of not more than$5,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement is a crime punishable by imprisonment in the state prison for 5 years or more.

Fourth, by imprisonment for not more 2½ years in a jail or house of correction, or by a fine of not more than $2,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement is a crime punishable by imprisonment in the state prison for less than 5 years.

If a person is convicted of a crime of solicitation, counsel, advice or enticement for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty therefor shall be imposed pursuant to the provisions of such other section.