Bill > H1268

This bill amends Chapter 265 of the General Laws by replacing Section 13M, which defines "domestic" relationships for the purposes of this law to include individuals who are or were married, living together, related by blood, have a child in common, or are or have been in a substantial dating or engagement relationship, with courts considering factors like relationship length and interaction frequency to determine the latter. The bill then establishes stricter penalties for repeat offenders of domestic violence. Specifically, a second conviction for a domestic assault or assault and battery will result in a mandatory minimum jail sentence of 90 days, with no eligibility for probation, parole, or furlough until that time is served, and a maximum sentence of 2.5 years in a house of correction or 5 years in state prison, with the court also ordering the defendant to complete a certified batterer's intervention program unless good cause is shown otherwise. A third conviction will carry a mandatory minimum sentence of 1 year, with no eligibility for probation, parole, or furlough until served, and a maximum sentence of 2.5 years in a house of correction or 10 years in state prison. For four or more prior convictions, the mandatory minimum sentence will be 2 years, with no eligibility for probation, parole, or furlough until served, and a maximum sentence of 2.5 years in a house of correction or 10 years in state prison. These enhanced penalties apply to prior convictions under this chapter, Chapter 209A (which deals with domestic violence prevention and protection orders), or similar offenses in any jurisdiction.