Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1416 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2545 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1416
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tackey Chan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to drug driving.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/17/2023Michael MorrisseyOffice of the Norfolk District Attorney
16	16	45 Shawmut Rd., Canton, MA 02021
17	17	1/17/2023 1 of 3
18	18	HOUSE DOCKET, NO. 2545 FILED ON: 1/19/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 1416
20	20	By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1416) of Tackey
21	21	Chan and Michael Morrissey relative to operating a motor vehicle while under the influence of
22	22	intoxicating liquor or drugs. The Judiciary.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 1490 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act relative to drug driving.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. The first paragraph of subsection (f)(1) of section 24 of chapter 90 of the
34	34	2General Laws is hereby struck out and replaced with the following paragraph:- (f) (1) Whoever
35	35	3operates a motor vehicle upon any way or in any place to which the public has right to access, or
36	36	4upon any way or in any place to which the public has access as invitees or licensees, shall be
37	37	5deemed to have consented to submit to a chemical test or analysis of his breath or blood or a test
38	38	6performed by a certified Drug Recognition Expert in the event that he is arrested for operating a
39	39	7motor vehicle while under the influence of intoxicating liquor or drugs defined in section 31
40	40	8Chapter 94C; provided, however, that no such person shall be deemed to have consented to a
41	41	9blood test unless such person has been brought for treatment to a medical facility licensed under
42	42	10the provisions of section 51 of chapter 111; and provided, further, that no person who is afflicted 2 of 3
43	43	11with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be
44	44	12deemed to have consented to a withdrawal of blood. Such test shall be administered at the
45	45	13direction of a police officer or certified Drug Recognition Expert, as defined in section 1 of
46	46	14chapter 90C, having reasonable grounds to believe that the person arrested has been operating a
47	47	15motor vehicle upon such way or place while under the influence of intoxicating liquor or drugs.
48	48	16If the person arrested refuses to submit to such test or analysis, after having been informed that
49	49	17his license or permit to operate motor vehicles or right to operate motor vehicles in the
50	50	18commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for
51	51	19such refusal, no such test or analysis shall be made and he shall have his license or right to
52	52	20operate suspended in accordance with this paragraph for a period of 180 days; provided,
53	53	21however, that any person who is under the age of 21 years or who has been previously convicted
54	54	22of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a
55	55	23percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the
56	56	24influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L or
57	57	25subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2
58	58	26of chapter 265 or a like violation by a court of any other jurisdiction or assigned to an alcohol or
59	59	27controlled substance education, treatment or rehabilitation program by a court of the
60	60	28commonwealth or any other jurisdiction for a like offense including operating under the
61	61	29influence of drugs defined in section 31 of Chapter 94C shall have his license or right to operate
62	62	30suspended forthwith for a period of 3 years for such refusal; provided, further, that any person
63	63	31previously convicted of, or assigned to a program for, 2 such violations shall have the person's
64	64	32license or right to operate suspended forthwith for a period of 5 years for such refusal; and
65	65	33provided, further, that a person previously convicted of, or assigned to a program for, 3 or more 3 of 3
66	66	34such violations shall have the person's license or right to operate suspended forthwith for life
67	67	35based upon such refusal. If a person refuses to submit to any such test or analysis after having
68	68	36been convicted of a violation of section 24L, the registrar shall suspend his license or right to
69	69	37operate for 10 years. If a person refuses to submit to any such test or analysis after having been
70	70	38convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a
71	71	39percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the
72	72	40influence of intoxicating liquor in violation of subsection (b) of said section 24G, or section
73	73	41131/2 of chapter 265, the registrar shall revoke his license or right to operate for life. If a person
74	74	42refuses to take a test under this paragraph, the police officer shall:
75	75	43 SECTION 2. Section 1 of Chapter 90C of the General Laws is hereby amended by
76	76	44inserting after the words “"Division'', a division of the district court department or juvenile court
77	77	45department or a division of the Boston municipal court department.” the following: - “"Drug
78	78	46Recognition Expert (DRE)", any police officer defined in this section who has completed the
79	79	47training requirement for a certification or accreditation by any state or maternal organization.”