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SENATE DOCKET, NO. 1992         FILED ON: 1/21/2014

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2008

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr

_______________

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 juvenile life with parole .

_______________

PETITION OF:

 

Name:

District/Address:

Bruce E. Tarr

First Essex and Middlesex

Richard J. Ross

Norfolk, Bristol and Middlesex

Donald F. Humason, Jr.

Second Hampden and Hampshire

James E. Timilty

Bristol and Norfolk

Richard T. Moore

Worcester and Norfolk

Eileen M. Donoghue

First Middlesex

Matthew A. Beaton

11th Worcester

Angelo L. D'Emilia

8th Plymouth

Geoff Diehl

7th Plymouth

James J. Dwyer

30th Middlesex

Ann-Margaret Ferrante

5th Essex

Barry R. Finegold

Second Essex and Middlesex

Jennifer L. Flanagan

Worcester and Middlesex

Paul K. Frost

7th Worcester

Colleen M. Garry

36th Middlesex

Susan Williams Gifford

2nd Plymouth

Bradford Hill

4th Essex

Steven S. Howitt

4th Bristol

Bradley H. Jones, Jr.

20th Middlesex

Robert M. Koczera

11th Bristol

Joan B.  Lovely

Second Essex

James J. Lyons, Jr.

18th Essex

James R. Miceli

19th Middlesex

Leonard Mirra

2nd Essex

Michael O. Moore

Second Worcester

Frank A. Moran

17th Essex

Kevin J. Murphy

18th Middlesex

Shaunna O'Connell

3rd Bristol

Kathleen O'Connor Ives

First Essex

Keiko M. Orrall

12th Bristol

Michael F. Rush

Norfolk and Suffolk

Theodore C. Speliotis

13th Essex

David T. Vieira

3rd Barnstable


SENATE DOCKET, NO. 1992        FILED ON: 1/21/2014

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2008

By Mr. Tarr, a petition (subject to Joint Rule 12) of Bruce E. Tarr, Richard J. Ross, Donald F. Humason, Jr., James E. Timilty and other members of the General Court for legislation relative to juvenile life with parole .  The Judiciary. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Fourteen

_______________

 

An Act relative to juvenile life with parole .
 

              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 130 of chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-

              (b)  No prisoner sentenced to life in prison for murder in the first degree committed before the person had attained the age of 18 shall be granted a parole permit unless such prisoner proves beyond a reasonable doubt the following:

              (i) the prisoner did not exhibit the level of maturity and sense of responsibility of a typical adult at the time of the offense;

              (ii) the offense is not evidence of a depraved character; and

              (iii) the nature of the crime and circumstances of the offense demonstrate that continued imprisonment is unwarranted and disproportional. 

              SECTION 2.  Section 133A of chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 5, by inserting after the word “degree” the following words:-

              who had attained the age of 18 years at the time of the murder,

              SECTION 3. Section 133C of chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 6, by inserting after the “degree” the following words:-

              who had attained the age of 18 years at the time of the murder,

              SECTION 4.  Section 2 of Chapter 265 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking the first and second sentence and inserting in place thereof the following sentence:-

              Whoever is guilty of murder committed with deliberately premeditated malice aforethought or with extreme atrocity or cruelty or otherwise guilty of murder in the first degree, and who had attained the age of 18 years at the time of the murder, shall be punished by imprisonment in the state prison for life. 

              SECTION 5.  Said section 2 of said chapter 265 of the General Laws, as so appearing, is hereby further amended, in line 9, by inserting after the word “person”, the following words:-

              , who had attained the age of 18 years at the time of the murder,

              SECTION 6. Said section 2 of said chapter 265 of the General Laws, as so appearing, is hereby further amended, in line 12, by inserting after the word “degree” the following words:-

              and those serving a life sentence for murder in the first degree committed before the person had attained the age of 18 years at the time of the murder shall be eligible for parole at the expiration of the minimum term fixed by the court

              SECTION 7.  Section 24 of chapter 279 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following sentence:-

              In the case of a sentence to life imprisonment for murder in the first degree committed before the person had attained the age of 18 years at the time of the murder, the court shall fix a minimum term of 35 years.

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