Massachusetts House Bill H1583

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Increasing the liability for permitting an intoxicated arrestee to operate a motor vehicle

Impact

The enactment of H1583 will result in significant changes to the legal framework surrounding intoxicated driving and related liabilities. The bill explicitly places the onus on both law enforcement and individuals who assist arrestees, promoting a stricter approach to managing intoxicated drivers. By implementing these mandatory impoundment provisions and liability warnings, the bill seeks to deter individuals from facilitating impaired driving, ultimately aiming to enhance public safety on the roads.

Summary

House Bill 1583 aims to enhance accountability for individuals who permit or facilitate intoxicated arrestees to operate a motor vehicle. The bill introduces a new provision that mandates the impoundment of vehicles operated by individuals arrested for specific violations, including operating under the influence of alcohol or drugs. This impoundment will last for no less than 12 hours following the arrest. Additionally, when a third party is summoned to transport an arrestee from a law enforcement agency, they must receive a written statement outlining their potential liabilities if they allow the arrestee to drive while impaired.

Contention

The bill has generated discussions concerning the adequacy of the proposed liability measures and the responsibilities of law enforcement agencies in informing third parties of their legal obligations. Some advocates argue that the bill could potentially lead to confusion among community members about their responsibilities when helping someone arrested for intoxication. In particular, there may be debate around the wording and clarity of the liability statement that law enforcement agencies are required to provide, as well as the implications for constitutional rights related to the treatment of the arrestees and those assisting them.