Amendment ID: S1892-1-R1

Redraft Amendment 1

REPEAT OFFENDERS

Ms. Creem and Ms. Spilka move to amend the bill by striking out section 4 and inserting in place thereof the following section:-

“SECTION 4. Chapter 265 of the General Laws is hereby amended by striking out section 13M, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 13M. (a) Whoever commits an assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more than $5,000 or both.

(b) Whoever is convicted of a second or subsequent offense of assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 ½  years or by imprisonment in the state prison for not more than 5 years.

(c) For the purposes of this section, ″family or household member″ shall be limited to persons who: (i) are married to each other or were married to each other within the 5 years preceding the date of the alleged offense; (ii) are residing together in the same household or were residing together in the same household within the 5 years preceding the date of the alleged offense; (iii) are related by blood; (iv) have a child in common; or (v) are or have been in a substantive dating or engagement relationship within the 5 years preceding the date of the alleged offense; provided, however, that in determining that relationship, the court shall consider the following factors: (1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time that has elapsed since the termination of the relationship.

(d) For any violation of this section, or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batterer's intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer's intervention should not be ordered or unless the batterer's intervention program determines that the defendant is not suitable for intervention.”