The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to minimum mandatory sentences for certain crimes. |
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 13B of chapter 265 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following:—
Whoever commits an indecent assault and battery on a child under the age of fourteen where the touching is over the clothes shall be punished by imprisonment in the state prison for not more than ten years, or for not less than one year nor more than two and one-half years in a jail or house of correction; provided however that where the touching is on the epidermis, the punishment shall be by imprisonment in the state prison for not more than ten years, or for not less than two years in a jail or house of correction; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or any term of years. A prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding. The sentence imposed on such person shall not be reduced nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until the minimum imprisonment herein provided for the offense shall have been served. However, the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical or psychiatric services unavailable at said institution.