Amendment ID: S2185-9

Amendment 9

Penalties for Sexual Deviants

Messrs. Tarr, Fattman, O'Connor and Pacheco, Ms. Gobi and Mr. Ross move to amend the bill by inserting at the end thereof, the following new section:-

SECTION __. Chapter 265 of the General Laws is hereby amended by inserting after section 22C the following new section:

Section 22D. Whoever is convicted three or more times, whether subsequent or prior violations of section 13B, 13B½, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26, 26C, 26D or 44 of chapter 265; section 3, 4, 4A, 4B, 28, 29A, 29B, 29C, 35, 35A, or 53A (C) or chapter 272, or like violations of the laws of another state, the United States or a military, territorial or Indian tribal authority shall be punished by imprisonment in the state prison for life. The sentence imposed on such person shall not be reduced, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct. Prosecutions commenced under this section shall neither be continued without a finding, sealed, nor placed on file.

In any prosecution commenced pursuant to this section, introduction into evidence of a prior adjudication or conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant’s biographical and informational data from records of the department of probation, any jail or house of correction or the department of correction shall be prima facie evidence that the defendant before the court had been convicted previously by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant’s guild on the primary offense, as evidence in any court of the commonwealth to prove the defendant’s commission of any prior conviction described therein. The commonwealth shall not be required to introduce any additional corroborating evidence of live witness testimony to establish the validity of such prior conviction.