SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2805

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

SENATE, July 9, 2020.

The committee on the Judiciary, to whom was referred the petitions (accompanied by bill, Senate, No. 845) of William N. Brownsberger, Cynthia Stone Creem, Antonio F. D. Cabral, Joseph A. Boncore and other members of the General Court for legislation to prevent the imposition of mandatory minimum sentences based on juvenile adjudications; and (accompanied by bill, House, No. 1517) of Liz Miranda and others for legislation to prevent the imposition of mandatory minimum sentences based on juvenile adjudication, reports the accompanying bill (Senate, No. 2805).

For the committee,

James B. Eldridge

        FILED ON: 6/30/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2805

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act to prevent the imposition of mandatory minimum sentences based on juvenile adjudications.

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 10G of Chapter 269 is hereby amended by striking the words “have the meaning set forth in section 121 of chapter 140” and inserting in place thereof the following words:-

mean any crime punishable by imprisonment for a term exceeding one year that: (i) has an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another; (ii) is burglary, extortion, arson or kidnapping; or (iii) involves the use of explosives.

SECTION 2. Section 10G of Chapter 269 is hereby amended by adding the following sentence to the end thereof:-

(f) For purposes of this section, any type of juvenile adjudication shall not be considered a prior conviction and shall not be used as a prior predicate conviction that triggers, when an adult, an enhanced sentence. For purposes of this subsection, a juvenile adjudication shall include, but not be limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the Commonwealth.

SECTION 3. Notwithstanding any general of special law to the contrary, any person currently serving a sentence pursuant to section 10G of chapter 269, including being on probation or parole, where a juvenile adjudication, including but not be limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the Commonwealth, has been used as a prior predicate prior conviction, then such person shall be resentenced without that juvenile adjudication being used as a prior predicate conviction. If a defendant is resentenced under this subsection, the sentence shall not be increased in length of committed time, probation, or parole.