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Bill > S884


MA S884

MA S884
Relative to the definition of attempt in criminal cases


summary

Introduced
04/15/2015
In Committee
09/19/2016
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation relative to the definition of attempt in criminal cases. The Judiciary.

AI Summary

This bill proposes to redefine what constitutes an "attempt" to commit a crime in Massachusetts. Currently, an attempt is broadly defined as taking any action towards committing a crime but failing to complete it or being stopped. The bill seeks to replace this with a more specific definition, stating that a person is guilty of an attempt if, with the intent to commit a crime, they purposely engage in conduct that would fulfill the crime's requirements, or if they act with the purpose or belief that their actions will cause a specific criminal result without further action, or if they take a "substantial step" towards committing the crime that is strongly supported by evidence of their criminal intent. The bill provides examples of what could be considered a substantial step, such as lying in wait for a victim, reconnoitering a crime scene, or possessing materials specifically for the crime. It also clarifies that aiding another in committing a crime can be considered an attempt, and introduces an affirmative defense of "renunciation," where a person can avoid an attempt charge if they voluntarily and completely abandon their criminal purpose before the crime is committed, provided this abandonment isn't motivated by increased risk of detection or a desire to postpone the crime.

Committee Categories

Justice

Sponsors (2)

Last Action

Ought NOT to pass (under Joint Rule 10) and placed in the Orders of the Day for the next session (on 09/19/2016)

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