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HOUSE DOCKET, NO. 1202         FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1646

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Benjamin Swan

_______________

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 to repeal mandatory minimum sentencing laws for drug offenses.

_______________

PETITION OF:

 

Name:

District/Address:

Benjamin Swan

11th Hampden

Governmental Strategies

8 Beacon Street, Suite 44

Byron Rushing

9th Suffolk

Jonathan Hecht

29th Middlesex

Ellen Story

3rd Hampshire

Gloria L. Fox

7th Suffolk

Stephen L. DiNatale

3rd Worcester

Denise Provost

27th Middlesex

Kay Khan

11th Middlesex

Ruth B. Balser

12th Middlesex

Peter V. Kocot

1st Hampshire

Paul McMurtry

11th Norfolk

Christine E. Canavan

10th Plymouth

Aaron Vega

5th Hampden

Thomas P. Conroy

13th Middlesex


HOUSE DOCKET, NO. 1202        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1646

By Mr. Swan of Springfield, a petition (accompanied by bill, House, No. 1646) of Benjamin Swan and others for legislation to repeal mandatory minimum sentencing laws for drug offenses.  The Judiciary. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to repeal mandatory minimum sentencing laws for 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. Notwithstanding any other provision of law to the contrary, no violation of an offense under Chapter 94C shall be punished by a mandatory minimum sentence.

              SECTION 2.              Notwithstanding any other provision of Chapter 94C, the court may impose a sentence that does not include a mandatory minimum term of imprisonment, including a term of imprisonment that is less than the minimum term currently specified.  The court may instead impose sentence pursuant to Section 24 of Chapter 279.

                           

              SECTION 3.              Section 32H of Chapter 94C shall be amended by deleting, “The provisions of section 87 of chapter 276 shall not apply to any person, seventeen years of age or over, charged with a violation of said sections.”

              SECTION 4.              Notwithstanding any provision of law to the contrary, a person serving a sentence for violating any provision of Chapter 94C as of the effective date of this section shall be eligible to receive deductions from his sentence for good conduct under Sections 129C and 129D of Chapter 127.

             

              SECTION 5.               Notwithstanding any provision of law to the contrary, a person serving a sentence for violating any provision of Chapter 94 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 6.              Notwithstanding any other provision of law to the contrary, a person serving a sentence for violating any provision of Chapter 94C as of the effective date of this section shall not be eligible for parole until he or she shall have served two thirds of the minimum term of the sentence if the sentence is to a state prison.

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