Summary
The Massachusetts Supreme Judicial Court held that the DNA-sample requirement under G. L. c. 22E, § 3, applies to any person convicted of an offense punishable by imprisonment in the State prison, regardless of whether the conviction resulted from a District Court complaint or a Superior Court indictment. The court concluded that assault and battery by means of a dangerous weapon qualifies because the offense itself is punishable by up to ten years in State prison. The court affirmed the denial of the defendant’s motion to modify his probation terms.
Topics
Practice areas
Questions Presented
- Whether G. L. c. 22E, § 3, as amended in 2003, requires a person convicted in the District Court of a felony punishable by imprisonment in the State prison to submit a DNA sample even though the particular District Court proceeding could not result in a State-prison sentence.
- Whether the amended DNA-sample requirement could be imposed on the defendant during the term of his probation.
Holdings
- G. L. c. 22E, § 3, applies to any person convicted of an offense that is punishable by imprisonment in the State prison, regardless of whether the conviction arose from an indictment in the Superior Court or a complaint in the District Court and regardless of whether the individual defendant could have received a State-prison sentence in that proceeding.
Key quotations
“The phrase “punishable by imprisonment in the [S]tate prison” modifies the word “offense,” not the word “person.”” (444 Mass. at 499)
“The “offense” is thus potentially “punishable by imprisonment in the [S]tate prison,” and the plain wording of G. L. c. 22E, § 3, applies.” (444 Mass. at 500)
Factual background
A District Court complaint charged Smith with several offenses, including armed burglary, home invasion, assault and battery by means of a dangerous weapon, assault with intent to murder, and malicious destruction of property. He pleaded guilty to assault and battery by means of a dangerous weapon and received a house-of-correction sentence followed by probation. While he remained on probation, a 2003 statutory amendment expanded the DNA database requirement to persons convicted of offenses punishable by imprisonment in the State prison, and his probation officer directed him to submit a DNA sample.
Procedural history
The defendant pleaded guilty in the Falmouth District Court to assault and battery by means of a dangerous weapon and received a two-year house-of-correction sentence, with one year to serve and the balance suspended during probation. After the 2003 amendment to G. L. c. 22E, § 3, became effective during his probation, his probation officer notified him that he had to submit a DNA sample. The District Court denied his motion to modify probation, stayed the denial, and continued probation pending appeal. The Supreme Judicial Court affirmed.