Legislature Rejects Governor's 'Three-Strikes' Amendment

Gov. Deval Patrick set in motion a wave of criticism when he vetoed the popular "three strikes" crime bill on the grounds that it lacked sufficient provisions for judicial discretion. 

Warning of possible unintended "unjust consequences" that can arise from mandatory sentencing laws, Patrick wrote in a letter to the Legislature, "None of us is wise or prescient enough to foresee each and every circumstance in which the new habitual offender provisions may apply."

Monday, both the Senate and Houe rejected the Governor's ammendment, according to Senate President Therese Murray's office.

"The crime bill remains a top priority," Sen. Murray said in a statement Monday. "The committee report we sent to the governor is a tough and balanced public safety initiative that cracks down on the worst offenders and makes important parole reforms. With this latest action by the governor, we will do everything we can to get this bill done by the end of session."

State Rep. Vinny deMacedo, R-Plymouth, said the Legislature sent a message to Patrick by passing the bill with bi-partisan support. "Governor Patrick’s attempt to change this bill would weaken our public safety. I am hopeful the Governor will heed the will of the people of the Commonwealth and the Legislature, and ultimately sign this legislation into law, thus helping to protect the citizens of Massachusetts from repeat offenders of the most heinous crimes."

The state's largest police union, the New England Police Benevolent Association, also had strong words for the governor: "The Governor's actions at the 11th hour are reprehensible and reckless.  It will be on his conscience 'when'—not if—the next innocent victim or public safety officer is killed in the line of duty by a career criminal, if he fails to sign this bill which is designed to protect the most vulnerable from serial predators." 

Dubbed "Melissa's Law," after Melissa Gosule, the 27-year-old Jamaica Plain schoolteacher who was raped and murdered in 1999 by a felon who had 27 previous convictions, the bill eliminates parole for someone convicted three times of one of 40 or so violent crimes, with at least one conviction having carried a minimum three-year prison term. It was was .

But the bill did , which urged the Legislature to write in more judicial control, , who voted with Massachusetts Black and Latino Caucus, and said the bill lacks evidence-based solutions, removes judicial discretion, and does not elimination mandatory minimums on nonviolent offenses. The caucus also says the bill will cost the state more than $100 million over the next 10 to 15 years.

The Legislature has Monday and Tuesday—the end of the Legislative session—to try to override Patrick or to present him with a bill he will sign.