HOUSE DOCKET, NO. 390 FILED ON: 1/5/2009
HOUSE . . . . . . . . . . . . . . . No. 1297
The Commonwealth of Massachusetts
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PRESENTED BY:
William N. Brownsberger
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To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to moderate sentences for drug offenses and reduce excessi
ve costs of incarceration
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PETITION OF:
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Name:
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District/Address:
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William N. Brownsberger
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24th Middlesex
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The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act to moderate sentences for drug offenses and reduce excessive costs of incarceration .
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 32J of
Chapter 94C of the General Laws is amended by
(a) Striking out the words “thirty-two B, thirty-two C, thirty-two D,” in both places in which these words appear;
(b) Striking out “thirty-two I” in both places in which these words appear;
(b) striking out t
he words “one thousand” and replacing them with the words “one hundred”.
SECTION 2.
Subsection (b) of Section 32 of Chapter 94C of the general laws is amended by inserting after the words "fifteen years" the words "or in a jail or house of correction for
not less than one year nor more than two and one half years" and by striking out the words "imprisonment of five years" and replacing them with the words "imprisonment of one year" and by striking out the words "five year term" and replacing them with the
words "one year term".
SECTION 3.
Subsection (b) of Section 32A of Chapter 94C of the general laws is amended by inserting after the words "ten years" the words "or in a jail or house of correction for not less than one year nor more than two and one half
years" and by striking out the words "imprisonment of three years" and replacing them with the words "imprisonment of one year".
SECTION 4.
Subsection (b) of Section 32B of Chapter 94C of the general laws is amended by striking out the words "not less th
an two nor" and inserting the words "not less than six months nor" and by
striking out the words
"imprisonment of two years" and replacing them with the words "imprisonment of six months".
SECTION 5.
Subsection (b) of Section 32C of Chapter 94C of the ge
neral laws is amended by striking out the words "not less than one nor" and inserting the words "not less than three months nor".
SECTION 6.
Section 26 of Chapter 218 of the General Laws is amended by striking out the words "paragraph (a) of section thirt
y-two and paragraph (a) of section thirty-two A" and replacing them with the words "section thirty-two of chapter ninety-four C and paragraphs (a) and (b) of section thirty-two A of chapter ninety-four C and section thirty-two B".
SECTION 7.
Section 32E
of Chapter 94C of the General Laws is amended by
(a) Striking out the words “fourteen grams or more” in both places in which they appear in each of subsections (b) and (c) and replacing them with the words “two hundred grams or more”;
(b) Striking out the
words “
fourteen grams or more but less than twenty-eight grams” in subsections (b)(1) and (c)(1) and replacing them with the words “two hundred grams or more but less than five hundred grams”;
(c) Striking out the words “twenty-eight grams or more, but
less than one hundred grams” in subsections (b)(2) and (c)(2) and replacing them with the words “
five hundred
grams or more but less than
one thousand
grams”;
(d) Striking out the words “one hundred grams or more, but less than two hundred grams” in subse
ctions (b)(3) and (c)(3) and replacing them with the words “one kilogram but less than ten kilograms”;
(e) Striking out the words “two hundred grams or more” in subsections (b)(4) and (c)(4) and replacing them with the words “ten kilograms or more”
SECTI
ON 8
No provision of this act shall in any way affect any sentence imposed prior to its effective date.
