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S 1262

An Act relative to hate crimes

194th Legislature (2025-2026) Introduced by Bruce Tarr

Raises hate-crime penalties in Mass. by boosting terms and moving some offenders from county jails to state prison, increasing consequences for bias-motivated offenses.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1262

Summary — S.1262: "An Act relative to hate crimes"

Status: Introduced (MA Senate No. 1262). Filed Jan 9, 2025. Sponsor: Sen. Bruce E. Tarr. Referred to Judiciary; hearing(s) scheduled and rescheduled for Nov 25, 2025. (See Procedural Timeline below.)

This bill amends Section 39 of Chapter 265 of the Massachusetts General Laws (the state hate‑crimes statute) to increase the severity of criminal penalties and to change certain custody designations for offenders convicted under that section.

Main purpose

To strengthen criminal penalties for offenses classified as hate crimes under Mass. Gen. Laws ch. 265, § 39 by increasing maximum terms and altering where certain sentences are served (shifting some custody from county houses of correction to state prison).

Key provisions (textual changes in the bill)

The bill makes multiple numeric and custody‑designation substitutions in Section 39 of Chapter 265. As drafted it:

  • Replaces the word “five” with “ten” (line 5 of the existing statute).
  • Changes “in a house of correction” to “state prison” (line 6).
  • Replaces “two and one‑half years” with “five” (line 7).
  • Replaces “ten” with “twenty” (line 19).
  • Replaces “five” with “ten” (line 20).
  • Replaces “one” with “two” (line 31).

(Those substitutions effectively increase multiple statutory penalty levels and shift at least some convictions from house‑of‑correction custody to state prison custody. The bill edits are targeted to the existing hate‑crime enhancement section, thereby amplifying the enhanced punishments that attach when an offense is motivated by bias.)

Who would be affected

  • Defendants convicted of offenses subject to the hate‑crime enhancement under G.L. c.265, §39 (they would face longer sentences and, for some offenses, imprisonment in state prison rather than a county facility).
  • Prosecutors and courts (sentencing practices and charging decisions may change).
  • The Massachusetts Department of Correction and county correctional systems (possible impacts on placement and lengths of stay).
  • Communities affected by hate crimes (changes intended to increase consequences for bias‑motivated offenses).

Potential impacts and considerations

  • Increased incarceration terms likely raise corrections costs and could modestly increase state prison population for affected offenders.
  • The change from house of correction to state prison custody increases the severity classification of some punishable conduct.
  • Supporters may argue the increases strengthen deterrence and accountability for bias‑motivated crimes; critics may raise proportionality or fiscal concerns.
  • No fiscal note or sentencing guideline amendments are included in the bill text; implementing agencies would likely assess budgetary and operational impacts if enacted.

Procedural / timeline highlights

  • Filed/Presented: Jan 9, 2025 (Senate Docket No. 1262).
  • Read twice and referred to Judiciary: Feb 27, 2025.
  • Hearing(s): Originally scheduled 11/14/2025; rescheduled to 11/25/2025 (times and venues noted in docket).
  • Placed on Senate Legislative Calendar under General Orders: Oct 27, 2025 (Calendar No. 209).

Note on inconsistent source material

The materials provided include unrelated legislative language (detailed federal/state land‑exchange language referencing “Deli, Inc.” and the Black River State Forest) and references to U.S. Senate committees and sponsors (Ron Johnson, Tammy Baldwin). Those items appear to come from different bills or jurisdictions and are not part of Massachusetts Senate No. 1262’s hate‑crimes amendment. This summary focuses on the substantive text labeled “An Act relative to hate crimes” (MA S.1262).

Compiled from official sources — confirm details with the bill’s official record.

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