An Act regarding district court jurisdiction of threats to use deadly weapons, explosives, chemical or biological agents, or other devices or substances capable of causing death, serious bodily injury or substantial property damage

Lead Sponsors: Representative Simon Cataldo

Impetus
Currently, G.L. c. 269, §§ 14(b) and 14(c) provide for sentences 'to a house of correction or to the state prison for whoever threatens to use deadly weapons or explosives or other agents at a location, or causes the evacuation or disruption of a school or other place of assembly.

This Bill reflects the need for prosecutors to have a range of options in bringing charges that reflect the criminal acts. This amendment recognizes that some cases, such as those in which a person makes the threat proves to have no access to deadly weapons or explosives, and knows that no weapons or explosives have actually been placed at the threatened location, should be treated differently than those in which person makes the threat and has access to deadly weapons or explosives, or knows that weapons or explosives have actually been placed at the threatened location. The current statute should be changed to allow the first type of case to be heard in the District Court, where the maximum sentence is two and a half years in the house of corrections.

The range of cases warrants there being an option to prosecute some threats in District Court.

Need

• Experience has shown that some violations involve circumstances that may be addressed more effectively before a District Court. but the possibility of a sentence of up to 20 years in state prison bars the District Court from taking jurisdiction over this offense under any circumstances.

Legislative Fix

• This Bill would amend G.L. c. 218, § 26 to include this offense within the jurisdiction of the District Court; Section 26 gives the District Court jurisdiction concurrent with the Superior Court over designated offenses.