SENATE DOCKET, NO. 812        FILED ON: 2/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1061

The Commonwealth of Massachusetts

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PRESENTED BY:

John F. Keenan

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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 relative to the Massachusetts Sentencing Commission.

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PETITION OF:

SENATE DOCKET, NO. 812        FILED ON: 2/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1061

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the Massachusetts Sentencing Commission.

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 1 of Chapter 211E of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the fourth sentence of the first paragraph in subsection (a) and inserting in place thereof the following sentence:- “Two of the voting members shall be District Attorneys, selected from a list of four District attorneys recommended by the Massachusetts District Attorneys' Association.”

SECTION 2. Section 3 of said Chapter 211E, as so appearing, is hereby amended by striking the first paragraph of subsection (a) in its entirety and inserting in place thereof the following:-

“(a) (1) The commission, by affirmative vote of at least six members, one of whom shall be a District Attorney or Assistant Attorney General, and consistent with all pertinent provisions of this chapter and existing law, shall recommend sentencing guidelines, which shall take effect only if enacted into law. Provided further, in no case shall the Judiciary promulgate, use or rely on any sentencing guidelines not approved by the Legislature.”