Massachusetts General Laws

Mass. Gen. Laws ch. 278, § 11A (2026)

Habitual criminals; separate trial on issue of prior conviction

✓ current as of July 2026

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Section 11A. If a defendant is charged with a crime for which more severe punishment is provided for second and subsequent offenses, and the complaint or indictment alleges that the offense charged is a second or subsequent offense, the defendant on arraignment shall be inquired of only for a plea of guilty or not guilty to the crime charged, and that portion of the indictment or complaint that charges, or refers to a charge that, said crime is a second or subsequent offense shall not be read in open court. If such defendant pleads not guilty and is tried before a jury, no part of the complaint or indictment which alleges that the crime charged is a second or subsequent offense shall be read or shown to the jury or referred to in any manner during the trial; provided, however, that if a defendant takes the witness stand to testify, nothing herein contained shall prevent the impeachment of his credibility by evidence of any prior conviction, subject to the provisions of section twenty-one of chapter two hundred and thirty-three. If a defendant pleads guilty or if there is a verdict or finding of guilty after trial, then before sentence is imposed, the defendant shall be further inquired of for a plea of guilty or not guilty to that portion of the complaint or indictment alleging that the crime charged is a second or subsequent offense. If he pleads guilty thereto, sentence shall be imposed; if he pleads not guilty thereto, he shall be entitled to a trial by jury of the issue of conviction of a prior offense, subject to all of the provisions of law governing criminal trials. A defendant may waive trial by jury. The court may, in its discretion, either hold the jury which returned the verdict of guilty of the crime, the trial of which was just completed, or it may order the impanelling of a new jury to try the issue of conviction of one or more prior offenses. Upon the return of a verdict, after the separate trial of the issue of conviction of one or more prior offenses, the court shall impose the sentence appropriate to said verdict.

Notes of Decisions

Cited in 39 cases (5 in the last 5 years), 1974–2026 · leading case: Commonwealth v. Ruiz, 108 N.E.3d 447 (Mass. 2018).

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Commonwealth v. Ruiz, 108 N.E.3d 447 (Mass. 2018). · cites it 4× “See G. L. c. 278, § 11A. See also Commonwealth v.”

Berhe v. Gonzales, 464 F.3d 74 (1st Cir. 2006). · cites it 2× “See Mass. Gen. Laws ch. 278, § 11A (providing *79 that if the government seeks enhanced penalties because of a prior conviction, the defendant “shall be entitled to a trial by jury of the issue of conviction of a prior offense”).”

Youngworth v. Commonwealth, 766 N.E.2d 834 (Mass. 2002). · cites it 3× “The defendant also argued that, to apply the habitual criminal statute after sentencing for the underlying offense, would violate double jeopardy principles and G. L. c. 278, § 11A, which provides: “If a defendant pleads guilty or if there is a verdict.”

Commonwealth v. Berardi, 88 Mass. App. Ct. 466 (Mass. App. Ct. 2015). · cites it 4× “7 Although bifurcation of the trial was required by G. L. c. 278, § 11A, inserted by St. 1967, c.”

Commonwealth v. Kulesa, 917 N.E.2d 762 (Mass. 2009). · cites it 2× “3 The defendant waived his statutory right to a jury trial, see G. L. c. 278, § 11A (in subsequent offender proceedings, if defendant pleads not guilty, “he shall be entitled to a trial by jury of the issue of conviction of a prior offense”), and trial commenced (before the same…”

Commonwealth v. Wentworth, 128 N.E.3d 14 (Mass. 2019). · cites it 2× “See also G. L. c. 278, § 11A. In this case, the defendant had the right to a jury trial for his ACCA enhancement, but pleaded guilty.”

Commonwealth v. Bowden, 855 N.E.2d 758 (Mass. 2006). · cites it 2× “See G. L. c. 278, § 11A. The defendant is tried first for the crime presently charged, and if guilty, he is entitled to a separate “trial of the issue of conviction of .”

Commonwealth v. Thompson, 696 N.E.2d 105 (Mass. 1998). · cites it 2× “Section 11A specifically states, 2 and the defendant concedes, that the judge has the discretion to hold the jury that has returned the guilty verdict on the crime charged, or to order the empanelling of a new jury to try the issue of conviction of one or more prior offenses.”

Commonwealth v. Beaulieu, 944 N.E.2d 1057 (Mass. App. Ct. 2011). · cites it 3× “The defendant claims that bifurcation of count two was compelled by G. L. c. 278, § 11A, inserted by St. 1967, c.”

Commonwealth v. DiMarzo, 308 N.E.2d 538 (Mass. 1974). · cites it 2× “G.L.c. 278, § 11A. Cf. G.L.c. 94, §§ 212A, 217; c.”

Commonwealth v. Pagan, 834 N.E.2d 240 (Mass. 2005). “See also G. L. c. 278, § 11A (procedures governing arraignment, plea, and trial when complaint or indictment alleges second or subsequent offense).”

Commonwealth v. Chavis, 616 N.E.2d 423 (Mass. 1993). “While the defendant was entitled to a separate trial on the issue whether he had been convicted of a prior offense, G. L. c. 278, § 11A (1990 ed.), the defendant stipulated to all material facts relating to such offense.”

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