Amendment ID: S2043-1-R1

Redraft Amendment 1

Habitual Offenders

Mr. Tarr, Ms. Flanagan, Mr. Moore, Ms. O'Connor Ives, Messrs. Brownsberger, Humason, Ross, deMacedo, Fattman and Hedlund move to amend the bill in section 7, by striking out, in lines 95 to 97, inclusive, the words “by a fine of not less than $5,000 and not more than $30,000, or by imprisonment in jail or a house of correction for not more than 2½ years or in the state prison for not more than 5 years, or by both such fine and imprisonment” and inserting in place thereof the following words:- “for a first offense by a fine of up to $10,000 or by imprisonment in a house of correction for up to 2½ years, or by both such fine and imprisonment or, if the defendant knew or should have known that the child would be placed at risk of abuse or neglect in the physical placement, the defendant shall be punished by a fine of not more than $50,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 5 years, or by both such fine and imprisonment; for a second offense by a fine of not more than $50,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 5 years, or by both such fine and imprisonment; and for a third or subsequent offense by a fine of not more than $100,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 10 years, or by both such fine and imprisonment”; and

in said section 7, by striking out, in lines 102 to 104, inclusive, the words "by a fine of not less than $10,000 and not more than $40,000, or by imprisonment in jail or a house of correction for not more than 2½ years or in the state prison for not more than 5 years, or by both such fine and imprisonment” and inserting in place thereof the following words:- “for a first offense by a fine of up to $10,000 or by imprisonment in a house of correction for up to 2½ years, or by both such fine and imprisonment or, if the defendant abused or neglected the child, the defendant shall be punished by a fine of not more than $50,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 5 years, or by both such fine and imprisonment; for a second offense by a fine of not more than $50,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 5 years, or by both such fine and imprisonment; and  for a third or subsequent offense by a fine of not more than $100,000 or by imprisonment in a house of correction for not more than 2½ years in a state prison for not more than 10 years, or by both such fine and imprisonment”; and

in said section 7, by striking out, in lines 106 and 107, the words “by imprisonment in the state prison for not more than 20 years and by a fine of not more than $25,000” and inserting in place thereof the following words:- “for a first offense by a fine of up to $10,000 or by imprisonment in a house of correction for up to 2½  years, or by both such fine and imprisonment or, if the defendant knew or should have known that the child would be placed at risk of abuse or neglect in the physical placement, the defendant shall be punished by a fine of not more than $50,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 10 years, or by both such fine and imprisonment;  for a second offense by a fine of not more than $50,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 10 years, or by both such fine and imprisonment; and for a third or subsequent offense by a fine of not more than $100,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 20 years, or by both such fine and imprisonment”.