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HOUSE DOCKET, NO. 1329         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1389

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Donald H. Wong

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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 rape of a child by force.

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PETITION OF:

 

Name:

District/Address:

Donald H. Wong

9th Essex

Paul Adams

17th Essex

F. Jay Barrows

1st Bristol

Carlo Basile

1st Suffolk

Richard Bastien

2nd Worcester

Matthew A. Beaton

11th Worcester

Linda Campbell

15th Essex

Nick Collins

4th Suffolk

Edward F. Coppinger

10th Suffolk

James J. Dwyer

30th Middlesex

Paul K. Frost

7th Worcester

Robert L. Hedlund

 

Bradley H. Jones, Jr.

20th Middlesex

Kevin J. Kuros

8th Worcester

Steven L. Levy

4th Middlesex

Marc T. Lombardo

22nd Middlesex

Shaunna O'Connell

3rd Bristol

George N. Peterson, Jr.

9th Worcester

Elizabeth A. Poirier

14th Bristol

George T. Ross

2nd Bristol

Joyce A. Spiliotis

12th Essex

David M. Torrisi

14th Essex

Daniel K. Webster

6th Plymouth


HOUSE DOCKET, NO. 1329        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1389

By Mr. Wong of Saugus, a petition (accompanied by bill, House, No. 1389) of Donald H. Wong and others relative to the penalty imposed by the courts in the Commonwealth for the rape of a child under fourteen years of age.  The Judiciary. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to rape of a child by force.
 

              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. Chapter 265 of the General Laws as appearing in the 2008 Official Edition, is hereby amended by inserting after section 22C the following new section:

              Section 22D. Whoever has sexual intercourse or unnatural sexual intercourse with a child under 14, and compels such child to submit by force and against his will or compels such child to submit by threat of bodily injury shall be punished by imprisonment in the state prison for life or for any term of years but no less than 30 years. The sentence imposed on such person shall not be reduced to less than 30 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction  from his sentence for good conduct until he shall have served 30 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding, sealed, nor placed on file.

              Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than 45 years. Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life. The sentence imposed on such person shall not be reduced, or suspended, nor shall nay person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good.  Prosecutions commenced under this section shall neither be continued without a finding, sealed nor placed on file.

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