Lawyers e-Journal
Thursday, Nov. 10, 2011
Legislative News
Senate Crime Bill; Uniform Trust Code; OUI rewrite
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Senate Crime Bill
The Senate is poised to vote on a crime measure Thursday that
would address, but not solve problems with the current mandatory
minimum and school zone laws. The bill also includes a so-called
"three strikes and you are out" provision for violent felons on
their third conviction.
The bill eliminates parole eligibility for habitual offenders
convicted on their third offense. The list of triggering offenses
contains more than 60 offenses.
Senate
Bill No. 2054 as drafted reduces, but does not eliminate
mandatory minimum sentencing laws for some drug offenses. Those
drug offenders who are sentenced after enactment would be denied
parole eligibility, access to work release or earned good time. The
reduced sentences would not apply to those currently serving
mandatory minimums. The MBA has been a long time opponent of
mandatory minimum sentences. The MBA's 2009 Drug Policy Task Force report
documents not only the unsustainable increases in prison and jail
populations, in large part driven by the mandatory drug sentencing
statutes, but also the need for comprehensive education, treatment,
rehabilitation and parole eligibility reforms.
The bill before the Senate reduces the school zone from 1,000 feet
to 500 feet, but still carries mandatory minimum penalties. The MBA
supports the redrawing of the school zones to 100 feet. School
zones disproportionately affect those in urban communities and have
had no effects on prevention.
Senate Bill No. 2054 also modifies existing parole procedures.
Parole for those serving life sentences would have to be approved
by two-thirds of the Parole Board rather than a majority. It would
also require the Parole Board to include a risk and need assessment
when considering parole eligibility. The Parole Board would be
required to post parole decisions online and include a tally of the
votes of the board.
If enacted, Senate Bill No. 2054 would require post release
supervision for those serving in state prisons for felonies
convicted after the effective date of the bill.
To see the past MBA correspondence on parole,
click here.
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Uniform Trust Code
The MBA supported Uniform Trust Code (HB.3780) passed the House
last week. We are now seeking passage in the Senate. To see
the bill, click here. The MBA is also actively
seeking passage of a technical corrections measure to the uniform
probate code.
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OUI rewrite
The MBA submitted testimony to the Joint Committee on the
Judiciary last week on legislation to clarify existing drunk
driving laws. The legislation is the result of a collaborative
effort between the MBA and the Massachusetts District Attorney's
Association. Senate Bill No.678 seeks to organize existing Chapter
90 of the General Laws making it logical and coherent after many
years of amendments which resulted in Chapter 90 becoming
cumbersome and unwieldy. The bill does not alter the intent of
Chapter 90, but organizes the state's drunk driving laws into an
easy to follow manner which will benefit judges, practitioners and
members of the public. To see the bill, click here.