Bill S.829

SENATE DOCKET, NO. 582 FILED ON: 1/14/2019

SENATE . . . . . . . . . . . . . . No. 829

The Commonwealth of Massachusetts

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PRESENTED BY:

Joseph A. Boncore

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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 eliminating mandatory minimum sentences related to drug offenses.

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PETITION OF:

Name:	District/Address:
Joseph A. Boncore	First Suffolk and Middlesex
Michael J. Barrett	Third Middlesex	1/29/2019
Tommy Vitolo	15th Norfolk	1/30/2019
Michelle M. DuBois	10th Plymouth	1/30/2019
Denise Provost	27th Middlesex	1/30/2019
Liz Miranda	5th Suffolk	1/31/2019
Patricia D. Jehlen	Second Middlesex	1/31/2019
Jay D. Livingstone	8th Suffolk	1/31/2019
Marjorie C. Decker	25th Middlesex	2/1/2019
David M. Rogers	24th Middlesex	2/1/2019
Michelle L. Ciccolo	15th Middlesex	2/1/2019
Sean Garballey	23rd Middlesex	2/1/2019
Elizabeth A. Malia	11th Suffolk	2/1/2019
James K. Hawkins	2nd Bristol	2/5/2019
James B. Eldridge	Middlesex and Worcester	2/8/2019
Tami L. Gouveia	14th Middlesex	5/10/2019

SENATE DOCKET, NO. 582 FILED ON: 1/14/2019

SENATE . . . . . . . . . . . . . . No. 829

By Mr. Boncore, a petition (accompanied by bill, Senate, No. 829) of Joseph A. Boncore, Michael J. Barrett, Tommy Vitolo, Michelle M. DuBois and other members of the General Court for legislation to eliminate mandatory minimum sentences related to drug offenses. The Judiciary.

The Commonwealth of Massachusetts

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

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An Act eliminating mandatory minimum sentences related to drug offenses.

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

(a) Striking out the words “less than one thousand nor” in subsection (a);

(b) Striking out the words “less than 3 ½ nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

SECTION 2. Section 32D of said Chapter 94C, as so appearing, is hereby amended by

(a) Striking out the words “less than two hundred and fifty nor” in subsection (a);

(b) Striking out the words “less than five hundred nor” in subsection (b).

SECTION 3. Subsection (a) of Section 32E of said Chapter 94C, as so appearing, is hereby amended by

(a) Striking out the words “less than two and one-half nor” and the words “less than one nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than ten thousand dollars;

(b) Striking out the words “less than 2 nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(c) Striking out the words “less than 3 ½ nor” in paragraph (3) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

(d) Striking out the words “less than 8 nor” in paragraph (4) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than two hundred thousand dollars;

SECTION 4. Subsection (b) of Section 32E of said Chapter 94C, as so appearing, is hereby amended by

(a) Striking out the words “less than 2 nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(b) Striking out the words “less than 3 ½ nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

(c) Striking out the words “less than 8 nor” in paragraph (3) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than one hundred thousand dollars;

(d) Striking out the words “less than 12 nor” in paragraph (4) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

SECTION 5. Subsection (c) of Section 32E of said Chapter 94C, as so appearing, is hereby amended by

(a) Striking out the words “less than 3 ½ nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

(b) Striking out the words “less than 5 nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

SECTION 6. Subsection (c½) of Section 32E of said Chapter 94C, as so appearing is hereby amended by striking out the words “less than 3 and one-half nor” and further striking the second sentence in that said subsection.

SECTION 7. Subsection (c¾) of Section 32E of said Chapter 94C, as so appearing is hereby amended by striking out the words “less than 3 and one-half nor” and further striking the second sentence in that said subsection.

SECTION 8. Subsection (d) of Section 32E of said Chapter 94C is hereby repealed.

SECTION 9. Section 32F of said Chapter 94C, as so appearing, is hereby amended by

(a) Striking out the words “less than five nor” in subsection (a) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(b) Striking out the words “less than three nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(c) Striking out the words “less than two and one-half nor” and the words “less than two nor” in subsection (c) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(d) Striking out the words “less than five nor” in subsection (d) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

SECTION 10. Section 32G of said Chapter 94C, as so appearing, is hereby amended by striking out the words “less than two hundred and fifty nor.”

SECTION 11. Section 32H of said Chapter 94C, as so appearing, is hereby amended by striking this section in its entirety.

SECTION 12. Section 32I of said Chapter 94C, as so appearing, is hereby amended by

(a) Striking out the words “less than three nor” and the words “less than one thousand nor” in subsection (b);

SECTION 13. Section 32J of said Chapter 94c, as so appearing, is hereby amended by striking out the section in its entirety and replacing it with the following:-

Section 32J. Any person who violates the provisions of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F or thirty-two I while in or on, or within 300 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational, or secondary school if the violation occurs between 5:00 a.m. and midnight, whether or not in session, or within one hundred feet of a public park or playground shall be punished by a term of imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one-half years. A fine of not more than ten thousand dollars may be imposed. In accordance with the provisions of section eight A of chapter two hundred and seventy-nine such sentence shall begin from and after the expiration of the sentence for violation of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F or thirty-two I. Lack of knowledge of school boundaries shall not be a defense to any person who violates the provisions of this section.

SECTION 14. Section 32K of said Chapter 94C, as so appearing, is hereby amended by striking out the words “less than five years nor” and further striking the second sentence in said section and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than one hundred thousand dollars.

SECTION 15. Section 34 of said Chapter 94C, as so appearing, is hereby amended by striking out the words “less than two and one-half years nor” in the third sentence of the first paragraph.

SECTION 16. Notwithstanding any general or special law to the contrary, a person serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but a guilty plea has not been accepted nor a conviction entered as of the effective date of this act shall be eligible to receive deductions from his sentence for good conduct under Sections 129C and 129D of Chapter 127.

SECTION 17. Notwithstanding any general or special law to the contrary, a person serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but a guilty plea has not been accepted nor a conviction entered as of the effective date of this section shall be eligible to participate in education, training, employment or work release programs established pursuant to Sections 49, 49B, 49C, 86F and 86G of Chapter 127.

SECTION 18. Notwithstanding any general or special law to the contrary, a person serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but a guilty plea has not been accepted nor a conviction entered as of the effective date of this section shall not be eligible for parole until he or she has served 1/2 of the mandatory minimum sentence.