Rep. Dwyer Supports Sex Offender Reforms

Last week, the Joint Committee on the Judiciary held a hearing in which testimony was offered for legislation that has been filed to address inherent problems in the sexual offender classification system in Massachusetts.

State Representative James Dwyer has jointly field a legislative package with Rep. Shaunna O’Connell of Taunton known as Child Sexual Predator Prevention Act. The two legislators want to send a strong bi-partisan message that the Commonwealth has no tolerance for child sexual predators.

The legislative package providers for:

-          A minimum 25-year sentence for the first offense of raping a child (Current statute does not provide for a minimum sentence for a first time conviction)

-           A 40-year sentence for the second offense

-          A life sentence for the third conviction.

-          Requiring level 1 and 2 predators to have their information posted online (Current federal law requires that level 2 offenders be listed online, but the Commonwealth has failed to meet the federal requirement)

-          Requiring agencies that oversee children and developmentally disabled persons to communicate with the sex offender registry board

Rep. Dwyer and Rep. O’Connell are pursuing this aggressive legislation in response to the reported crimes of John Burbine who allegedly assaulted babies and toddlers and now faces 100 sexual abuse charges. Joining the legislators in offering testimony were members of the law enforcement community.  

Currently, there is no mandatory sentence for first offense rape of a child. Current state law only dictates mandatory sentences only apply to aggravated rape of a child; however, assaults such as the ones allegedly committed by Burbine would not be categorized as aggravated.

 “It’s time that the Commonwealth adopted a “no tolerance” policy when it comes to those who take advantage of our most vulnerable,” said Rep. Dwyer. “We need to take a stand and create sensible policy that keeps the most hideous types of criminals behind bars rather than allowing them leniency to commit these acts again. I am optimistic that we will be able to formulate legislation that takes the best of the proposed bills and enacts sweeping reforms to ensure the safety of the public.”

Rep. Dwyer spent 35 years as a Juvenile Probation Officer in the Middlesex Juvenile Court having been elevated to the position of Assistance Chief Probation Officer several years before his retirement. Upon being sworn in as State Representative in 2009, Rep. Dwyer was appointed to the Committee on Children, Families, and Persons with Disabilities for a two year term to focus on the experience he had gained in Juvenile Probation working with troubled children and their families. He is also a former member of the Joint Committee on the Judiciary, and a current member of the Joint Committee on Public Safety and Homeland Security.