Amendment #4 to H4184

Age-Appropriate Accountability for Juveniles and Jurisdiction

Representatives Khan of Newton, Malia of Boston, Balser of Newton, Decker of Cambridge and Livingstone of Boston moves to amend the bill by striking out lines 53 to 70, inclusive, of SECTION 2

And, further, by striking out SECTION 4 and inserting in place thereof the following sections:-

SECTION X.  Section 72B of chapter 119 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out paragraphs 1, 2, and 3, and inserting in place thereof the following paragraphs:-

Notwithstanding the provisions of section 2 of chapter 265, if a person is found guilty of murder in the first degree committed on or after his fourteenth birthday and before his eighteenth birthday, the juvenile court department shall commit the person to imprisonment in the state prison for life. The court shall fix the minimum term for any person committed to the state prison for life pursuant to this paragraph, which shall not be less than 18 years nor more than 22 years. Said person shall be eligible for parole under section one hundred and thirty-three A of chapter one hundred and twenty-seven when such person has served the minimum term as set by the court. Thereafter said person shall be subject to the provisions of law governing the granting of parole permits by the parole board.

In determining the minimum term of incarceration for a life sentence, the court shall consider and make findings on the record regarding age-related considerations including, but not limited to: (1) the age at the time of the offense; (2) hallmark features of adolescence, including immaturity, impetuosity, and the ability to appreciate risks and consequences; (3) family and home environment prior to and at the time of the offense; (4) extent of said persons participation in the offense; (5) the impact of familiar and peer pressures; (6) history of prior felony convictions or adjudications; and (7) the potential for rehabilitation.

Any sentence imposed for offenses arising out of the same transaction and occurrence shall run concurrent with the governing sentence.

SECTION XX. Paragraph 4 of said section 72B of said chapter 119, as so appearing, is hereby further amended by striking out the word, “seventeenth”, where it so appears in the first and second instance, and inserting in place thereof the word:-

twenty-first

SECTION XXX. Paragraph 5 of said section 72B of said chapter 119, as so appearing, is    hereby further amended by striking out the words, “superior court”, where it so appears,  and inserting in place thereof the words:-

juvenile court department

SECTION XXXX. Section 74 of chapter 119, as so appearing, is hereby amended by striking out paragraph 2.

And, further by inserting in line 128 of SECTION 5 after the word “degree”, the following words:-             

, except in the case of a prisoner serving a life sentence for murder who

committed such offense prior to his eighteenth birthday

And, further, by striking out lines 132 to 140, inclusive, of SECTION 5.

Additional co-sponsor(s) added to Amendment #4 to H4184

Age-Appropriate Accountability for Juveniles and Jurisdiction