Legislative Action needed!
Please ask your Senator to oppose Senate Budget Amendment 121
This is the amendment #121 straight from the Senate budget;
JUD 121
DANGEROUSNESS STATUTE
Mr. Montigny moved that the bill be
amended by inserting at the end thereof the following new Section:-
SECTION____. Section 58A of chapter 276
of the General Laws, as appearing in the 2008 official edition, is hereby amended
by striking out subsection (1) and inserting in place thereof the following
subsection:
(1) The commonwealth may move, based on
dangerousness, for an order of pretrial detention or release on conditions for
a felony offense that has as an element of the offense the use, attempted use
or threatened use of physical force against the person of another or any other
felony that, by its nature, involves a substantial risk that physical force
against the person of another may result, including the crimes of burglary and
arson whether or not a person has been placed at risk thereof, or a violation
of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of
chapter 209, section 3, 4 or 5 of chapter 209 A or section 15 or 20 of
chapter209C, or arrested and charged with a misdemeanor or felony involving
abuse as defined in section 1 of said chapter 209A or while an order of
protection issued under said chapter 209A was in effect against such person, an
offense for which a mandatory minimum term of 3 years or more is prescribed in
chapter 94C, arrested and charged with a violation of section 13B of chapter
268 or a third or subsequent conviction for a violation of section 24 of
chapter 90, or arrested and charged with a violation of paragraph (a), (c) or
(m) of section 10 of chapter 269; provided, however, that the commonwealth may
not move for an 882 order of detention under this section based on possession
of a large capacity feeding device without simultaneous possession of a large
capacity weapon; or arrested and charged with a violation of section 10G of
said chapter 269.
This amendment if passed, could go against a State Supreme Court decision which found the unlicensed possession of a firearm a victimless crime;
"While we are cognizant that unlicensed possessors of firearms may
use firearms unlawfully, unlicensed possession of a firearm itself is a
regulatory crime. It is passive and victimless."
This amendment,
if passed will re-interpret the decision of the SJC making the
unlicensed possession of a large capacity firearm a crime in which the
defendant could be held without bail under a "dangerousness statute"
Please call your State Senator today and urge them to oppose budget amendment 121!
Locate your Senator here.
Click here for more information on legislation possibly affected by this amendment.
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