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HOUSE DOCKET, NO. 2050 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1583
The Commonwealth of Massachusetts
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PRESENTED BY:
Bradley H. Jones, Jr.
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act increasing the liability for permitting an intoxicated arrestee to operate a motor vehicle.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/18/2023Nicholas A. Boldyga3rd Hampden1/26/2023Susan Williams Gifford2nd Plymouth1/26/2023F. Jay Barrows1st Bristol1/26/2023Kimberly N. Ferguson1st Worcester1/31/2023 1 of 2
HOUSE DOCKET, NO. 2050 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1583
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1583) of
Bradley H. Jones, Jr. and others relative to increasing the liability for permitting an intoxicated
arrestee to operate a motor vehicle. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act increasing the liability for permitting an intoxicated arrestee to operate a motor vehicle.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by inserting after section 24X, the following new section:—
3 Section 24Y. (a) Any vehicle operated by a person arrested for a violation of
4subparagraph (1) of paragraph (a) of section 24 or section 24L shall be removed and impounded
5as provided by the provisions of this section, section 69L of chapter 111 and section 2C of
6chapter 85 and any rule or regulation adopted thereunder, for a period not less than 12 hours
7from the time of such arrest.
8 (b) Whenever a person is summoned by or on behalf of a person who has been arrested
9for a violation of subparagraph (1) of paragraph (a) of section 24 or section 24L, in order to
10transport or accompany the arrestee from the premises of a law enforcement agency, the law
11enforcement agency shall provide that person with a written statement advising that person of the
12potential criminal and civil liability for permitting or facilitating the arrestee’s operation of a 2 of 2
13motor vehicle while the arrestee remains under the influence or impaired by alcohol, drugs, drugs
14and alcohol, a controlled dangerous substance, or any combination thereof.
15 (1) The person to whom the statement is issued shall acknowledge, in writing, receipt of
16the statement, or the law enforcement agency shall record the fact that the written statement was
17provided, but the person refused to sign an acknowledgment.
18 (2) The attorney general shall establish the content and form of the written statement and
19acknowledgment to be used by law enforcement agencies throughout the commonwealth.
20 (3) Nothing in this section shall impose any obligation on a physician or other health care
21provider involved in the treatment or evaluation of the arrestee.
22 (c) A motor vehicle impounded under this section may not be released unless the person
23claiming the motor vehicle:
24 Presents a valid driver’s license, proof of ownership of or lawful authority to operate the
25motor vehicle, and proof of valid motor vehicle insurance for that motor vehicle, or
26 Subject to review of the district court, meets any other reasonable condition for release
27that is established by the law enforcement agency.
28 (d) A law enforcement agency that impounds a motor vehicle under this section may
29charge a reasonable fee for towing and storage of the motor vehicle and may retain the motor
30vehicle until the fee is paid.