Full House and Senate Pass Gun Violence Bill, Including the Creation of Two New Firearm Assault Statutes

District Attorney Sam Sutter is elated to announce that the full House and Senate tonight passed a comprehensive gun violence bill, which includes the creation of two new criminal statutes designed to ramp up the consequences for shooting or attempting to shoot another person.

The new criminal statutes are Assault and Battery by Means of a Firearm and Attempted Assault and Battery by Means of a Firearm. The new law, once signed by Gov. Deval Patrick, will mean anyone accused of non-fatally shooting another person can be charged with Assault and Battery by Means of a Firearm, and if convicted, can be sentenced to up to 20 years in state prison. Those charged and convicted of Attempted Assault and Battery by Means of a Firearm (i.e. shooting at another person, but missing) can now be sentenced to up to 15 years in state prison.

District Attorney Sutter first called for the creation of separate shooting statutes in the Commonwealth during his successful campaign for Bristol County District Attorney in 2006 at a time when the urban areas of the county were bearing witness to several dozen shootings each year. Once sworn in as district attorney in 2007, District Attorney Sutter began formally crafting the legislation and with the assistance of former Sen. Joan Menard and former Rep. John Quinn, the bill calling for the creation of these two sorely needed criminal statutes was filed. District Attorney Sutter spoke to several legislators in 2007 about the need for the legislation and testified before the Joint Committee on the Judiciary in the summer of 2007. Although the legislation was widely supported, it failed to get out of committee.

For the past seven years the District Attorney has been pushing for this legislation to be brought to the full House and Senate for a vote. During the past two months, as it became clear the Legislature was seeking to pass a sweeping gun violence bill, District Attorney Sutter renewed his efforts to make sure this bill was part of the overall gun violence legislation. The district attorney spent countless hours speaking with representatives and senators from around the state, House and Senate leaders, Conference Committee members and provided the Legislature with background information on similar laws in other states, along with research that justified the need for the creation of these new statutes.

The new statutes will fill a critical gap for Massachusetts District Attorneys, District Attorney Sutter said. Putting together the evidence necessary to bring charges in non-fatal shootings is extremely challenging for police departments and district attorneys’ offices throughout the country. Nationally, over 40 percent of all homicides by firearm go unsolved. In non-fatal shootings, the solve rate is drastically lower than in fatal shootings. In Chicago in 2012, only 6 percent of the non-fatal shootings were solved; in Newark, less than 20 percent were solved. The reasons are clear. There are many fewer resources (investigators, forensic experts, etc.) available to solve non-fatal shootings. There frequently is limited physical evidence. Victims who have survived often leave the scene of the shooting, thereby limiting the physical evidence. Witnesses, if any besides the victim exist, are often reluctant to talk to investigators. The victims themselves are often equally unwilling to disclose details, especially in cases where ongoing witness intimidation may be an issue. Where victims and witnesses are unyielding, prosecutors can summon them to appear before the grand jury in order to compel their testimony. But even faced with the threat of perjury or contempt, reluctant victims and witnesses still withhold information crucial to indictment.

In Massachusetts, when police and prosecutors are able to piece enough evidence together to bring charges against a shooter and the charge is assault and battery by means of a dangerous weapon, the sentencing guidelines are dramatically out of proportion with the magnitude of the crime. Based on our research, the great majority of shooting defendants are less than 25 years old.  In Bristol County, 70 percent of those defendants charged with a shooting are less than 25 years old.  Due to their age, they have generally compiled a “minor” or “moderate” adult record, as those terms are defined by the Massachusetts Sentencing Guidelines. The sentencing guidelines on Assault and Battery with a Dangerous Weapon for a defendant with a “minor” record call for probation to 2 years in prison when there is a moderate injury and 3 ½ to 5 years in prison when there is a significant injury.  The sentencing guidelines on Assault and Battery with a Dangerous Weapon for a defendant with a “moderate” record call for a maximum of 2 ½ years when there is a moderate injury and 5 ½ years when there is a significant injury.  These sentencing ranges are manifestly too low for intentionally shooting and seriously wounding another human being, said District Attorney Sutter.

To date, 37 states have recognized the increased severity of a crime committed with a gun. 14 states have enacted statutes specifically banning assault and battery with a gun. 13 states specifically include a gun or deadly weapon as an aggravating factor in their assault statute. Another 10 states give special weight to an assault and battery committed with a deadly weapon such as a gun in a degrees-based system based on the Model Penal Code. Furthermore, 20 states have specific statutes banning non-fatal shootings committed from a moving vehicle, also known as drive-by shootings. These states all recognize the exceptional severity of a violent assault and battery committed by firing a gun. Now, with this gun violence bill,  Massachusetts will do the same.

“I am extremely happy that the Legislature passed a statute that specifically addresses shootings and attempted shootings. I initially spoke about the need for this kind of statute when I was running for District Attorney in 2006 and then asked certain Bristol County legislators to file this legislation at the beginning of each session in 2007, 2009, 2011 and 2013. I testified before the judiciary committee in 2007 and 2009, urging the passage of these statutes. During the 2011/2012 session, we came close when it passed the Senate but failed in the House,” District Attorney Sutter said. “Now, with the passage of this bill, District Attorneys are going to be able to charge those who take aim at other human beings and fire their guns with crimes that are equal to the gravity of what they have done. These new crimes will be much easier to prove than armed assault with intent to murder, and as a result, we will win more trials and achieve more pleas, and thereby create a greater deterrent to shootings and ultimately reduce gun violence. I would like to thank the entire Legislature, and especially those who worked closely with me to pass this legislation. Massachusetts is now one of 15 states to have a separate statute for non-fatal shootings. “

District Attorney Sutter will be available for phone interviews on this legislation all day Friday.

 

Contact:

Gregg Miliote
Director of Communications
508-997-0711
774-292-9576—after hours

Ashley Bendiksen
Media Assistant
508-997-0711
774-929-5614—after hours