Skip to Content


HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2246

 

The Commonwealth of Massachusetts

 

________________________________________

 

Senate, July 7, 2014.

BILL #:  H4184

BILL STATUS:  Favorable with Amendment

DISSENTERS:

None

ACCOMPANIED BILLS:

None

For the committee,

STEPHEN M. BREWER


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2246

Senate, July 7, 2014 -- The committee on Ways and Means, to whom was referred the House Bill relative to juvenile life sentences (House, No. 4184); reports, recommending that the same ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2246; and by striking out the title and inserting in place thereof the following title “An Act relative to juvenile life sentences for first-degree murder”

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Fourteen

_______________

 

              SECTION 1. Section 133A of chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “degree”, in line 5, the following words:- who had attained the age of 18 years at the time of the murder.

              SECTION 2. Said section 133A of said chapter 127, as so appearing, is hereby further amended by inserting after the word “granted”, in line 47, the following words:- “to a prisoner, except a prisoner serving a life sentence for murder in the first degree committed by the prisoner on or after the prisoner’s fourteenth birthday and before the prisoner’s eighteenth birthday”.

              SECTION 3. The third paragraph of said section 133A of said chapter 127, as so appearing, is hereby further amended by adding the following 2 sentences:- If such permit is not granted to a prisoner serving a life sentence for murder in the first degree committed by the prisoner on or after the prisoner’s fourteenth birthday and before the prisoner’s eighteenth birthday, the parole board shall, at least once in each ensuing 10-year period, consider carefully and thoroughly the merits of each such case on the question of releasing such prisoner on parole and may by a vote of 2/3 of its members grant such parole permit. 

              SECTION 4. Section 133C of said chapter 127, as so appearing, is hereby amended by inserting after the word “degree”, in line 6, the following words:- who had attained the age of 18 years at the time of the murder.

              SECTION 5. Chapter 265 of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-

              Section 2. (a) Except as provided in subsection (b), any person who is found guilty of murder in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole under subsection (a) of section 133A of chapter 127.

              (b) Any person who is found guilty of murder in the first degree who committed the offense on or after the person’s fourteenth birthday and before the person’s eighteenth birthday shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.

              (c) Any person who is found guilty of murder in the second degree shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.

              (d) Any person whose sentence for murder is commuted by the governor and council under section 152 of chapter 127 shall thereafter be subject to the laws governing parole.

              SECTION 6. Section 24 of chapter 279 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

              In the case of a sentence to life imprisonment for murder in the first degree committed by a person on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 20 years nor more than 30 years.

              SECTION 7. Sections 1, 5 and 6 shall apply only to people who commit a murder after the effective date of this act.

              SECTION 8. Sections 2, 3 and 4 shall apply to prisoners convicted of murder in the first degree regardless of when the murder for which the prisoner was convicted took place.

of

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error