SECTION 1. Section 1 of chapter 265 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out in, in lines 2 through 4, the words "or in the commission or attempted commission of a crime punishable with death or imprisonment for life,".
SECTION 2. Said section 1 of said section 265, as so appearing, is hereby further amended by inserting after the second sentence the following sentence:- Where a killing occurs during the commission or attempted commission of a crime punishable with imprisonment for life, the killing shall amount to murder for a principal perpetrator who is personally and directly responsible for committing the killing and acts with the same malice forethought towards the killing as is required for a killing to amount to murder when not done in the course or furtherance of another offense.
SECTION 3. Said section 1 of said chapter 265, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding any other provision of law, Section one shall apply to any person charged with murder prior to or after the effective date of this act.
SECTION 4. Section 2 of chapter 274 of the General Laws, as so appearing, is hereby amended by striking out the word “felon.”, in line 4, and inserting in place thereof the following words:- felon; provided, however, that in the event of a killing resulting during the commission or attempted commission of a felony, the killing shall amount to murder in the first degree only for a principal perpetrator who is personally and directly responsible for committing the killing and acts with the same malice forethought towards the killing as is required for a killing to amount to murder when not done in the course or furtherance of another offense.
SECTION 5. Said section 2 of said chapter 274, as so appearing, is hereby further amended by adding the following 2 paragraphs:-
Whoever aids in the commission of a killing or is accessory thereto before the fact by counseling, hiring, or otherwise procuring such killing to be committed but is not a principal perpetrator who is personally and directly responsible for committing the killing, shall be punished by imprisonment in the state prison for a period of not less than 2 and 1/2 years nor more than 25 years.
Notwithstanding any other provision of law, paragraph 2 shall apply to any person charged with aiding in the commission of a killing or who is accessory thereto before the fact by counseling, hiring, or otherwise procuring such killing to be committed prior to or after the effective date of this act.
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