Skip to Content

Session Law

2004

Jump to:

Chapter 66 AN ACT RELATIVE TO THE COMMITMENT OF SEXUALLY DANGEROUS PERSONS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 1 of chapter 123A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "services", in line 5, the following words:- , regardless of the reason for such incarceration, confinement or commitment,.

SECTION 2. Said section 1 of said chapter 123A, as so appearing, is hereby further amended by inserting after the definition of "Community access program" the following definition:-

"Conviction", a conviction of or adjudication as a delinquent juvenile or a youthful offender by reason of sexual offense, regardless of the date of offense or date of conviction or adjudication.

SECTION 3. Said section 1 of said chapter 123A, as so appearing, is hereby further amended by inserting after the figure "265", in line 47, the following words:- ; kidnapping under section 26 of said chapter 265 with intent to commit a violation of section 13B, 13F, 13H, 22, 22A, 23, 24 or 24B of said chapter 265; enticing away a person for prostitution or sexual intercourse under section 2 of chapter 272.

SECTION 4. Said section 1 of said chapter 123A, as so appearing, is hereby further amended by inserting after the figure "272", in line 48, the following words:- ; inducing a person under 18 into prostitution under section 4A of said chapter 272; living off or sharing earnings of a minor prostitute under section 4B of said chapter 272; open and gross lewdness and lascivious behavior under section 16 of said chapter 272; incestuous intercourse under section 17 of said chapter 272 involving a person under the age of 21; dissemination or possession with the intent to disseminate to a minor matter harmful to a minor under section 28 of said chapter 272; posing or exhibiting a child in a state of nudity under section 29A of said chapter 272; dissemination of visual material of a child in a state of nudity or sexual conduct under section 29B of said chapter 272; purchase or possession of visual material of a child depicted in sexual conduct under section 29C of said chapter 272; dissemination of visual material of a child in the state of nudity or in sexual conduct under section 30D of chapter 272.

SECTION 5. Said section 1 of said chapter 123A, as so appearing, is hereby further amended by inserting after the word "seventy-two", in line 50, the following words:- ; accosting or annoying persons of the opposite sex and lewd, wanton and lascivious speech or behavior under section 53 of said chapter 272.

SECTION 6. Said section 1 of said chapter 123A, as so appearing, is hereby further amended by inserting after the word "authority", in line 53, the following words:- any other offense, the facts of which, under the totality of the circumstances, manifest a sexual motivation or pattern of conduct or series of acts of sexually-motivated offenses.

SECTION 7. Section 12 of said chapter 123A, as so appearing, is hereby amended by inserting after the word "has", in line 1, the following word:- ever.

SECTION 8. Said section 12 of said chapter 123A, as so appearing, is hereby further amended by inserting after the words "section 1", in line 3, the following words:- , regardless of the reason for the current incarceration, confinement or commitment,.

SECTION 9. Said section 12 of said chapter 123A, as so appearing, is hereby further amended by inserting after the word "trial", in line 5, the following words:- , or who has been charged with any offense, is currently incompetent to stand trial and has previously been convicted of or adjudicated as a delinquent juvenile or a youthful offender by reason of a sexual offense,.

SECTION 10. (a) There shall be a special commission to study the effects of this act. The commission shall consist of 4 members of the senate, 1 of whom shall be the chairman of the joint committee on the judiciary, 1 of whom shall be the chairman of the joint committee on criminal justice, 1 of whom shall be the senate president or his designee, and 1 of whom shall be the minority leader or his designee, and 4 members of the house of representatives, 1 of whom shall be the chairman of the joint committee on the judiciary, 1 of whom shall be the chairman of the joint committee on criminal justice, 1 of whom shall be the speaker of the house or his designee, and 1 of whom shall be the minority leader or his designee, the governor or his designee, the secretary of public safety or his designee, who shall be the chairman, the attorney general or his designee, 1 representative of Massachusetts Law Reform Institute, 1 representative of the American Civil Liberties Union, 1 representative of the committee for public counsel services and 1 representative of the Massachusetts District Attorneys Association, 1 representative of the Massachusetts Association of Criminal Defense Lawyers, 1 representative of the office of victim assistance, and 1 representative of the Massachusetts Bar Association.

(b) The commission shall investigate and study the impact and effectiveness of this act. The commission shall report to the general court the results of its investigation and study, by filing its report with the clerks of the senate and the house of representatives and the chairmen of the senate and house committees on ways and means no later than 3 years after the effective date of this act. Interim reports shall be filed 12 months and 24 months after the effective date of this act.

Approved April 7, 2004.

Error