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Session Laws

1992

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CHAPTER 396 AN ACT PROVIDING FOR A MANDATORY TERM OF IMPRISONMENT FOR CERTAIN DRUG OFFENSES.

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. Chapter 395 of the acts of 1991 is hereby amended by striking out, in line 3, the words "clause (2)" and inserting in place thereof the words:- clause (3).

SECTION 2. Section 32E of chapter 94C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 87 and 89, each time it appears, the word "twenty-eight" and inserting in place thereof, in each instance, the word:- fourteen.

SECTION 3. Paragraph (c) of said section 32E of said chapter 94C, as so appearing, is hereby further amended by striking out clauses 1 to 3, inclusive, and inserting in place thereof the following four clauses:-

(1) Fourteen grams or more but less than twenty-eight grams, be punished by a term of imprisonment in the state prison for not less than five nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(2) Twenty-eight grams or more but less than one hundred grams, be punished by a term of imprisonment in the state prison for not less than seven nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of seven years and a fine of not less than five thousand nor more than fifty thousand dollars may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) One hundred grams or more but less than two hundred grams, be punished by a term of imprisonment in the state prison for not less than ten nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of ten years, and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than fifteen nor more than twenty years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of fifteen years and a fine of not less than fifty thousand nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.

Approved January 14, 1993.