Section 10G. (a) Whoever, having been previously convicted of a violent crime or of a serious drug offense, both as defined herein, violates the provisions of paragraph (a), (c) or (h) of section 10 shall be punished by imprisonment in the state prison for not less than three years nor more than 15 years.
(b) Whoever, having been previously convicted of two violent crimes, or two serious drug offenses or one violent crime and one serious drug offense, arising from separate incidences, violates the provisions of said paragraph (a), (c) or (h) of said section 10 shall be punished by imprisonment in the state prison for not less than ten years nor more than 15 years.
(c) Whoever, having been previously convicted of three violent crimes or three serious drug offenses, or any combination thereof totaling three, arising from separate incidences, violates the provisions of said paragraph (a), (c) or (h) of said section 10 shall be punished by imprisonment in the state prison for not less than 15 years nor more than 20 years.
(d) The sentences imposed upon such persons shall not be reduced to less than the minimum, nor suspended, nor shall persons convicted under this section be eligible for probation, parole, furlough, work release or receive any deduction from such sentence for good conduct until such person shall have served the minimum number of years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this section.
(e) For the purposes of this section, ''violent crime'' shall have the meaning set forth in section 121 of chapter 140. For the purposes of this section, ''serious drug offense'' shall mean an offense under the federal Controlled Substances Act, 21 U.S.C. 801, et seq., the federal Controlled Substances Import and Export Act, 21 U.S.C. 951, et seq. or the federal Maritime Drug Law Enforcement Act, 46 U.S.C. App. 1901, et seq. for which a maximum term of imprisonment for ten years or more is prescribed by law, or an offense under chapter 94C involving the manufacture, distribution or possession with intent to manufacture or distribute a controlled substance, as defined in section 1 of said chapter 94C, for which a maximum term of ten years or more is prescribed by law.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title I - Crimes and Punishments
Chapter 269 - Crimes Against Public Peace
Section 1 - Dispensing and Suppressing Unlawful Assembly; Arresting Persons
Section 3 - Neglect or Refusal to Exercise Authority to Suppress Assembly
Section 4 - Requiring Aid; Dispersing and Suppressing Assembly; Seizure of Persons
Section 5 - Armed Forces Obeying Orders for Suppressing Riot and Dispersing and Arresting Persons
Section 6 - Person Killed or Wounded as Result of an Assembly; Guilt and Responsibility
Section 7 - Injury to Building or Vessel by Persons Unlawfully Assembled
Section 8 - Destruction of or Damage to Property by Persons Riotously Assembled; Liability of Town
Section 10a - Selling, Giving or Using Silencers; Confiscation and Destruction
Section 10c - Tear Gas; Use in Commission of Crimes
Section 10d - Body Armor; Use in Commission of Crime
Section 10j - Breaking and Entering Building, Ship, Vessel or Vehicle to Steal Firearm; Penalty
Section 11 - Printing Statutes for Posters; Display
Section 11e - Serial Identification Numbers on Firearms
Section 12 - Manufacturing and Selling Knives, Slung Shots, Swords, Bludgeons and Similar Weapons
Section 12a - Air Rifles; Sale to Minors
Section 12b - Air Rifles; Possession by Minors; Shooting
Section 13 - False Alarms of Fire
Section 13a - False Reports to Police Officers
Section 14a - Annoying Telephone Calls or Electronic Communication
Section 15 - Stink Bombs; Sale
Section 16 - Arrowheads Used for Hunting; Sale
Section 17 - Hazing; Organizing or Participating; Hazing Defined