By Mr. Tisei, a petition (accompanied by bill, Senate,
No. 1025) of Richard R. Tisei, Bruce E. Tarr, Michael R.
Knapik, Robert L. Hedlund and other members of the General
Court for legislation to authorize the appeal of certain
sentences. The Judiciary. |
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 28A of chapter 278 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “cases”, in line 6, the following words:- “, and for the review of sentences imposed by final judgment in any case resulting in the death of the victim or in any case involving an offense punishable by imprisonment for ten years or more and appealed by the commonwealth, whether or not any term of imprisonment is imposed”.
SECTION 2. Section 28B of said chapter 278, as so appearing, is hereby amended by inserting after the word “reviewed”, in lines 1 and 2, the following words:- “, or the commonwealth in any case resulting in the death of the victim or in any case involving an offense punishable by imprisonment for ten years or more,”.
SECTION 3. Said section 28B of said chapter 278, as so appearing, is hereby further amended by striking out, in line 4, the words “of his” and inserting in place thereof the following words:- “or the commonwealth of the”.
SECTION 4. Said section 28B of said chapter 278, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “consider an appeal with or without a hearing”.
SECTION 5. Said section 28B of said chapter 278, as so appearing, is hereby further amended by striking out, in lines 21 and 22, the words “review, but no” and inserting in place thereof the following words:- “review. Family members of victims shall have the right to be heard at the hearing in cases resulting in death of the victim and victims shall have the right to be heard at the hearing in cases involving an offense punishable by ten years imprisonment or more, through oral, written or videotaped impact statements, or any combination thereof. No”.
SECTION 6. This act shall take effect upon its passage and shall apply to any pending criminal cases in which final judgment has not yet been imposed on or before the effective date of this act.
