Bill > H389

This bill, titled "Protecting those individuals with mental disabilities," proposes to amend Chapter 265 of the General Laws by adding a new section, 13F1/2, which significantly increases penalties for the rape of individuals with mental disabilities. Specifically, it mandates that anyone who commits rape against a person they know to be mentally retarded will face a first offense punishment of 10 to 20 years in state prison, and a second or subsequent offense will result in a minimum of 20 years in state prison. The bill also stipulates that sentences for these offenses cannot be suspended, and probation or parole will not be granted until the minimum prison term has been served, with an exception for first-time offenders. Importantly, this new section will not apply to cases where a mentally retarded person commits rape against another mentally retarded person.