The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
Mark C. Montigny
Stephen R. Canessa
John F. Quinn
Bradley H. Jones, Jr.
John J. Binienda
Karyn E. Polito
John P. Fresolo
William Lantigua
Louis L. Kafka
Kathi-Anne Reinstein
Christine E. Canavan
Denis E. Guyer
Lewis G. Evangelidis
James E. Vallee
Joyce A. Spiliotis
Anthony J. Verga
Paul K. Frost
Geraldo Alicea
Walter F. Timilty
Robert S. Hargraves
Stephen L. DiNatale
Karen E. Spilka
Mark R. Pacheco
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In the Year Two Thousand and Eight.
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An Act to protect children by closing sex offender registry loopholes and increasing penalties |
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 178L of chapter 6 of the general laws, as appearing in the 2006 official edition, is hereby amended by replacing section 1(a) with the following:
Not less than 180 days prior to the release or parole of a sex offender from custody or incarceration, the board shall notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register according to the provisions of section 178E. If the sex offender is a juvenile at the time of such notification, notification shall also be mailed to the sex offender’s legal guardian and his most recent attorney of record. Such sex offender may submit such evidence to the board within 21 days of receiving such notice from the board. Upon a reasonable showing, the board may extend the time in which such sex offender may submit such documentary evidence by no more than 30 days. Upon reviewing such evidence, the board shall notify the sex offender within 30 days of the board’s recommended sex offender classification, his duty to register, if any, his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding. If the offender is found to be indigent as determined by the board using the standards under chapter 211D, counsel shall be appointed within 10 days. Such sex offender shall petition the board for such hearing within 14 days of receiving such notice. The board shall conduct such hearing within 60 days. The failure timely to petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.
Section 2. Section 178L of chapter 6 of the general laws, as appearing in the 2006 official edition, is hereby amended by replacing section 1(c) with the following:
In the case of any sex offender not in custody, upon receiving registration data from the agency, the police department at which the sex offender registered, the sentencing court or by any other means, the board shall promptly notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register, if any, according to the provisions of section 178E. If such sex offender is a juvenile at the time of such notification, notification shall also be mailed to the sex offender’s legal guardian and his most recent attorney of record. Such sex offender may submit such evidence to the board within 21 days of receiving such notice from the board. Upon a reasonable showing, the board may extend the time in which such sex offender may submit such documentary evidence. Upon reviewing such evidence, the board shall notify the sex offender within 30 days of the board’s recommended sex offender classification, his duty to register, if any, his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding. Such sex offender shall petition the board for such hearing within 14 days of receiving such notice. The board shall conduct such hearing within 60 days. The failure timely to petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.
Section 3. Section 13B of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 4. Section 13H of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 5. Section 22 of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 6. Section 22A of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by striking out the entire section and replacing it with the following:
Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished in the state prison for life or for any term of years not less than twenty years and to probation for a term of no less than ten years upon release or parole from jail or house of correction; 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 thirty years and to probation for a term of no less than twenty years upon release or parole from jail or house of correction; 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 and to probation for a term of no less than ten years upon release or parole from jail or house of correction. 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.
Section 7. Section 23 of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 8. Section 24 of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 9. Section 24B of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 10. Section 27 of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 11. Section 47 of chapter 265 of the general laws, as appearing in the 2006 official edition, is hereby amended by replacing the second sentence with the following:
The commissioner of probation, in addition to any other conditions, shall establish defined geographic inclusion zones and exclusion zones to minimize the probationer’s contact with children. The defined exclusion zones shall include, but not be limited to, playgrounds, libraries, schools, day care centers, the parking area and land surrounding any of the aforementioned facilities, and any other locale deemed worthy by a probation officer to minimize the probationer’s contact with children.
Section 12. Section 4A of chapter 272 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 13. Section 35A of chapter 272 of the general laws, as appearing in the 2006 official edition, is hereby amended by adding the following:
For the first offense, the convicted will be subject to probation for a term of no less than five years upon release or parole from jail or house of correction, and for the second or subsequent offense be subject to probation for a term of no less than ten years upon release or parole from jail or house of correction; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
Section 14. The provisions of this bill shall be deemed to be retroactive to the fullest extent permitted under the Constitution of the United States and the Declaration of Rights of the Commonwealth of Massachusetts.
Section 15. The provisions of this bill shall become effective upon passage.
Section 16. Each section of this Act shall be separable and shall continue in effect if any provision hereof is deemed to be unconstitutional or otherwise ineffective.