REPRESENTATIVE POLITO of SHREWSBURY moves that the bill be amended by inserting after section 73, the following sections:

      “SECTION ##.  Paragraph 1 of Section 22A of chapter 265 of the General Laws, as appearing in the 2004 Official Edition is hereby amended by striking out, in lines 4-9, the words: “shall be punished in the state prison for life or for any term of years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than five years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without finding” and inserting in place thereof the following words:-- “shall be punished in the state prison for life or for any term of years not less than ten years; and whoever over the age of eighteen commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term not less than twenty years; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without finding.  The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.”

      SECTION XX.  Said Section 22A of chapter 265, is hereby amended by striking out, in lines 12-14, the following:-- “but not less than ten years.  Whoever over the age of 18 commits a second or subsequent offense shall be sentenced to the state prison for life or for any term of years, but not less than twenty years” and inserting in place thereof the following:-- “but not less than twenty years.  Whoever over the age of 18 commits a second or subsequent offense shall be sentenced to the state prison for life or for any term of years, but not less than thirty years”.

      SECTION XX.  Said Chapter 265 is hereby amended by adding, following section 22A, the following new section:-

      Section 22B.  Whoever unlawfully has sexual intercourse or unnatural sexual intercourse with a child under twelve years of age, and compels said child to submit by force against his will or compels said child to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years not less than twenty years; and whoever over the age of 18 commits a second of subsequent such offense shall be sentenced to the state prison for life or for any term of years not less than thirty  years; provided, however that a prosecution commenced under the provisions of this section shall not be placed on file or continued without finding.  The provisions of section 87 of chapter 276 relating to the power of the court to place certain offenders on probation shall not apply to any person charged with a violation of this section.

      Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be sentenced to the state prison for life or for any term of years, but not less than twenty-five years.  Whoever over the age of 18 commits a second or subsequent such offense shall be sentenced to the state prison for life or for any term of years, but not less than thirty-five years.”