Criminal fine laws to be reviewed

Massachusetts legislators plan to review the state's criminal penalties next month, including the law that allowed for only a $1,000 fine against a Big Dig contractor charged in the death of a Jamaica Plain woman.

The state's attorney general said Wednesday that the fine for involuntary manslaughter "does not appear to come close" to redressing crimes allegedly committed by New York-based Powers Fasteners. Investigators have accused the epoxy suppliler of failing to warn construction contractors about the dangers of using one version of its glue to secure ceiling bolts, causing ceiling panels in the Interstate 90 connector tunnel to collapse last year.

Representative Eugene L. O'Flaherty, cochairman of the Judiciary Committee, said yesterday that the $1,000 fee, which has remain unchanged since 1920, is one of several hundred criminal penalties that might be considered for adjustment when a legislative working group convenes after Labor Day.

O'Flaherty, Democrat of Chelsea, said that while some citizens might be upset over the small fine the company could face if convicted, lawmakers should take care as they examine all such penalties.

"As outrageous as this particular incident was, I don't necessarily think it should just result in the Legislature passing something tomorrow," he said.

O'Flaherty said lawmakers hope to propose a measure to amend state law after they review the penalties this fall.

Attorney General Martha Coakley, who announced the indictment of Powers Fasteners Wednesday, said through a spokeswoman that she was open to changing the law and "looks forward to working with the Legislature to do so."

Fines for involuntary manslaughter charges vary by state.

Martin S. Pinales, past president of the National Association of Criminal Defense Lawyers, said that in involuntary manslaughter cases, smaller fines indicate that the accused parties meant no harm.

"You can't really look at the accident and say this amount is high or this is low," he said. "You have to look at the circumstances. There is no intent to do harm."

Senator Marc R. Pacheco, Democrat of Taunton, said he approved of the effort to review fines, but would like state officials to focus on using an existing provision, known as debarment. Officials can use that law to disqualify companies from bidding on a state contract.

"The one thing worse than having inadequate law on the books is having an adequate law on the books that is not being utilized," he said. "Debarment is worth hundreds of thousands and millions of dollars to companies, but for some reason, we have not moved forward with it."

Pacheco said he would support changes to the manslaughter penalties so different fees could be charged to individuals and corporations. Currently, the involuntary manslaughter fine is the same for all offenders.

Powers Fasteners was the first company involved in the $15 billion Big Dig project to be criminally charged. If Powers Fasteners is convicted of involuntary manslaughter, the company might be more likely to be found liable and assessed penalties in a civil case.

Bechtel/Parsons Brinckerhoff, the engineering consortium that oversaw the design and construction of the Big Dig, is in negotiations to settle damage claims from the 15-year project.