Amendment #1184 to H4400

Indeterminate Sentence to State Prison

Representatives Markey of Dartmouth and Linsky of Natick moves to amend the bill by adding the following section:-

SECTION XX. Section 24 of Chapter 279 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- "If a convict is sentenced to the state prison, except as a habitual criminal under section 25 of this chapter, the court shall not fix the term of imprisonment, but shall fix a maximum and a minimum term for which he may be imprisoned. The maximum term imposed shall not be longer than the longest term fixed by law for the punishment of the crime of which he has be convicted, and the minimum term imposed shall be a term at least twenty five percent less than the maximum term imposed by the court, except that, where an alternative sentence to a house of correction is imposed for the offense, a minimum state prison term may not be less than one year. In the case of a sentence to life imprisonment, except in the case of a sentence for murder in the first degree, and in the case of multiple life sentences arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction, the court shall fix a minimum term which shall be not less than 15 years nor more than 25 years."