Amendment ID: S2185-19

Amendment 19

Bank Robbery Penalties

Messrs. Rush and O'Connor move to amend the bill by inserting at the end thereof the following new section:-

SECTION XXX.   SECTION 1. Chapter 265 of the General Laws, as so appearing, is hereby amended by striking out section 17 and inserting in place thereof the following section:–

Section 17. Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offense described herein while masked or disguised or while having his features artificially distorted, shall, for the first offense be sentenced to imprisonment for not less than 5 years and for any subsequent offense for not less than 10 years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon or displays what appears to be a firearm, improvised explosive device or other deadly weapon, hypodermic needle or any other device that may cause or is intended to inflict bodily injury or commits a robbery within and against a banking institution as defined in section 1 of chapter 167A or a credit union, or a federal or foreign credit union, as defined in chapter 171 shall be punished by imprisonment in the state prison for not less than 5 years. Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon or displays what appears to be a firearm, improvised explosive device or other deadly weapon, hypodermic needle or any other device that may cause or is intended to inflict bodily injury or commits a robbery within and against a banking institution as defined in section 1 of chapter 167A or a credit union, or a federal or foreign credit union,  as defined in chapter 171 shall be punished by imprisonment in the state prison for not less than 15 years.

SECTION 2. Section 19 of said chapter 265 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection (b):–Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of another, or from his immediate control, money or other property which may be the subject of larceny, including attempted robbery of a bank as defined in section 1 of chapter 167A or a credit union, or a federal or foreign credit union,  as defined in chapter 171 shall be punished by imprisonment in the state prison for life or for any term of not less than 30 months.