HOUSE DOCKET, NO. 3694        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1766

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Priscila S. Sousa

_________________

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 regularizing sentencing for hate crimes.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Priscila S. Sousa

6th Middlesex

1/20/2023

Marian Ryan

Middlesex District Attorney

1/20/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

12/18/2023


HOUSE DOCKET, NO. 3694        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1766

By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 1766) of Priscila S. Sousa and Marian Ryan relative to sentencing for hate crimes.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act regularizing sentencing for hate 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: Section 37 of chapter 265 of the General Laws, as appearing in the 2021 official edition, is hereby amended by inserting after the words “or both” in line 7 the following:

“A person convicted or receiving a continuance without a finding under the provisions of this section shall complete a diversity awareness program designed by the secretary of the executive office of public safety in consultation with the Massachusetts commission against discrimination and approved by the chief justice of the trial court, unless, upon good cause shown, the court issues specific written findings describing the reason that such program should not be ordered. If the court finds that the defendant was motivated by race, color, religion, national origin, sexual orientation, gender identity, or disability, the court shall order such program. A person so convicted or granted a continuance without a finding shall complete such program prior to release from incarceration or prior to completion of the terms of probation, whichever is applicable.”

SECTION 2: Subsection (b) of section 39 of chapter 265 of the General Laws, as appearing in the 2021 official edition, is hereby amended by striking the second paragraph.

Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is hereby further amended by inserting after the words “A person convicted” the following:

“or receiving a continuance without a finding”

Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is hereby further amended by inserting after the words “A person so convicted” the following:

“or granted a continuance without a finding”