Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1667 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2717 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1667
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christopher M. Markey
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 to protect the citizens of the Commonwealth from drunk drivers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher M. Markey9th Bristol1/19/2023 1 of 69
16	16	HOUSE DOCKET, NO. 2717 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1667
18	18	By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1667) of
19	19	Christopher M. Markey relative to operating under the influence. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1924 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to protect the citizens of the Commonwealth from drunk drivers.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
31	31	2Official Edition, is hereby amended by including the following definitions:-
32	32	3 Blood alcohol content: The number of grams of alcohol per 100 milliliters of blood; or
33	33	4the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol per 67
34	34	5milliliters of urine. Blood alcohol content is also known as: blood alcohol level, blood alcohol
35	35	6concentration, and BAC.
36	36	7 Disposition: A conviction, guilty plea, plea of nolo contendere, placement on probation,
37	37	8continuance without a finding or admission to sufficient facts.
38	38	9 Drugs or other substance: Marijuana, narcotic drugs, depressants or stimulant substances,
39	39	10all as defined in section 1 of chapter 94C, or vapors of glue. 2 of 69
40	40	11 Ignition interlock device: A breath alcohol sensing instrument designed to be mounted in
41	41	12an automobile and connected to the ignition key switching system in a way that prevents the
42	42	13vehicle from starting unless the driver first provides a breath sample. These devices contain an
43	43	14instrument to measure the alcohol content of a deep lung breath sample. If the measured blood
44	44	15alcohol content is at or above a set level, the ignition is locked and the vehicle will not start. For
45	45	16purposes of this chapter, the registrar will certify each model or device approved for use.
46	46	17 Minimum mandatory: The term of a sentence that shall not be reduced or suspended nor
47	47	18shall any person be eligible for probation, parole, furlough, or receive any deduction for good
48	48	19conduct during that term provided; however, that the commissioner of correction may, on the
49	49	20recommendation of the warden, superintendent, or other person in charge of a correctional
50	50	21institution, or the administrator of a county correctional institution, grant to an offender
51	51	22committed a temporary release in the custody of an officer of such institution for the following
52	52	23purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain
53	53	24emergency medical or psychiatric services unavailable at said institution; to engage in
54	54	25employment pursuant to a work release program; or for the purposes of an aftercare program
55	55	26designed to support the recovery of an offender who has completed an alcohol or controlled
56	56	27substance education, treatment, or rehabilitation program operated by the department of
57	57	28correction; and provided, further, that the defendant may serve all or party of such minimum
58	58	29mandatory sentence to the extent that resources are available in a correctional facility specifically
59	59	30designed by the department of correction for the incarceration and rehabilitation of drinking
60	60	31drivers.
61	61	32 Open Container: A bottle, can or other receptacle used to contain a liquid that has been
62	62	33opened or has a broken seal or the contents of which have been partially removed or consumed; 3 of 69
63	63	34provided, however, that a bottle resealed pursuant to section 12 of chapter 138 shall not be
64	64	35considered an open container.
65	65	36 Operating under the influence offense: Any conviction, nolo contendere plea,
66	66	37continuation without a finding with an assignment to an alcohol, drug or substance abuse
67	67	38education treatment program for operating under the influence under chapter 90, chapter 90A ,
68	68	39chapter 90B, or chapter 265, or of a like offense of operating under the influence from another
69	69	40jurisdiction.
70	70	41 Passenger Area: The area designed to seat the driver and passengers while the motor
71	71	42vehicle is in operation and any area that is readily accessible to the driver or a passenger while in
72	72	43a seated position including, but not limited to, the glove compartment; provided, however, that
73	73	44the passenger area shall not include a motor vehicle’s trunk or a locked glove compartment or, if
74	74	45a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not
75	75	46normally occupied by the driver or passenger.
76	76	47 Prior under the influence offense: Any conviction, nolo contendere plea, or continuation
77	77	48without a finding with an assignment to an alcohol, drug or substance abuse education treatment
78	78	49program for operating under the influence under chapter 90, chapter 90A, chapter 90B, or
79	79	50chapter 265 section 13 ½ , section 13 ½ , or of a like offense of operating under the influence
80	80	51from another jurisdiction, where the findings, judgment, or adjudication date by the court
81	81	52precedes the date of offense for which he is now charged.
82	82	53 Public way: Any street or highway that is open to the public and is controlled and
83	83	54maintained by some level of government, or in a place to which the public has a right of access,
84	84	55or in a place to which members of the public have access as invitees or licensees. 4 of 69
85	85	56 Under the Influence: (1) Having ingested enough marijuana, narcotic drugs, depressants
86	86	57or stimulant substances, all as defined in section 1 of chapter 94C, or intoxicating liquor or
87	87	58vapors of glue to diminish one’s capacity or ability to drive safely ; or (2) Having a blood alcohol
88	88	59content of .08% or above.
89	89	60 Vehicle or vessel used in public transportation: Any train, passenger bus, school bus or
90	90	61other vehicle used to transport pupils, passenger ferry boat, water shuttle or other equipment used
91	91	62in public transportation owned by, or operated under the authority of the Massachusetts Bay
92	92	63Transportation Authority, the Woods Hole, Martha’s Vineyard and Nantucket Steamship
93	93	64Authority, Massachusetts Port Authority, or the Massachusetts Department of Transportation.
94	94	65 SECTION 2. Section 23 of chapter 90 of the General Laws, as so appearing, is hereby
95	95	66amended by striking lines 1 through 144 and replacing it with the following:-
96	96	67 (1) No person shall operate a motor vehicle with a suspended license or right to operate,
97	97	68or after being notified by the Registry of Motor Vehicles of such suspension.
98	98	69 (a) A person convicted under subsection (1) of this section shall be punished as follows:
99	99	70 (1) First offense: The defendant shall be fined not more than $500.
100	100	71 (2) Subsequent offense: The defendant shall be imprisoned in a jail or house of correction
101	101	72for not less than 60 days but not more than 1 year.
102	102	73 (b)Upon a conviction under subsection (1) of this section the registrar shall extend said
103	103	74suspension of the license or right to operate for an additional 60 days.
104	104	75 (c) This paragraph shall not apply to any person who is charged with operating a motor
105	105	76vehicle after his license to operate has been suspended or revoked pursuant to a violation of 5 of 69
106	106	77paragraph (a) of subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N of this
107	107	78chapter, subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of
108	108	79chapter 90F or after notice of such suspension or revocation of his right to operate a motor
109	109	80vehicle without a license has been issued and received by such person or by his agent or
110	110	81employer, and prior to the restoration of such license or right to operate or the issuance to him of
111	111	82a new license or right to operate because of any such violation.
112	112	83 (2)No person shall operate a motor vehicle with a suspended certificate of registration
113	113	84unless the registration has been restored or a new registration has been issued.
114	114	85 (3)No person shall allow another to operate a motor vehicle with a suspended certificate
115	115	86of registration unless the registration has been restored or a new registration has been issued.
116	116	87 (4)No person with intent to conceal his identity shall, upon request, present to an officer
117	117	88authorized to make arrests a license issued to another person.
118	118	89 (a)A person convicted under subsection (2), (3) or (4) of this section shall be punished as
119	119	90follows:
120	120	91 (1)First offense: The defendant shall be imprisoned in a jail or house of correction for not
121	121	92more than 10 days, or fined not less than $500 but not more than $1000, or both.
122	122	93 (2)Subsequent offense: The defendant shall be imprisoned in a jail or house of correction
123	123	94for not less than 60 days but not more than 1 year.
124	124	95 (b)Upon a conviction under subsection (2), (3), or (4), of this section the registrar shall
125	125	96extend said suspension of the license or right to operate for an additional 60 days. 6 of 69
126	126	97 (5)No person shall attach or permit to be attached to a motor vehicle or trailer a number
127	127	98plate assigned to another motor vehicle or trailer with the intent to conceal the identity of the
128	128	99motor vehicle or trailer.
129	129	100 (6)No person shall obscure or permit to be obscured the figures on any number plate
130	130	101attached to a motor vehicle or trailer with the intent to conceal the identity of the motor vehicle
131	131	102or trailer.
132	132	103 (7)No person shall fail to display a number plate and registration number duly assigned to
133	133	104a motor vehicle or trailer with the intent to conceal the identity of such motor vehicle or trailer.
134	134	105 (a)A person convicted under subsection (5), (6), or (7) of this section shall be imprisoned
135	135	106in a jail or house of correction for not more than 10 days, or fined not more than $100, or both.
136	136	107 (b)Upon a conviction under subsection (5), (6), or (7) of this section the registrar shall
137	137	108extend said suspension of the license or right to operate for an additional 60 days.
138	138	109 (8)No person shall operate a motor vehicle with a suspended license or right to operate
139	139	110due to being a habitual traffic offender pursuant to section 22F of chapter 90 after being notified
140	140	111by the Registry of Motor Vehicles of such suspension.
141	141	112 (a) A person convicted under this subsection shall be imprisoned in a jail or house of
142	142	113correction for not more than 2 years or fined not less than $500 but not more than $5000, or both.
143	143	114 (b)Upon a conviction under this subsection the registrar shall extend said suspension of
144	144	115the license or right to operate for an additional 60 days. 7 of 69
145	145	116 (9)No person shall operate a motor vehicle with a suspended license or right to operate
146	146	117due to a prior operating under the influence offense under chapter 90, 90B, 90F, or 265, or after
147	147	118being notified by the Registry of Motor Vehicles of such suspension.
148	148	119 (a)A person convicted under this subsection shall be imprisoned in a jail or house of
149	149	120correction for a minimum mandatory term of 60 days but not more than 2 ½ years and fined not
150	150	121less than $1,000 but not more than $10,000. No case commenced under this subsection shall be
151	151	122continued without a finding or placed on file, or subject to the provisions of section 87 of chapter
152	152	123276.
153	153	124 (b)Upon a conviction under this subsection the registrar shall extend said suspension of
154	154	125the license or right to operate for an additional 1 year.
155	155	126 (10)No person shall operate a motor vehicle under the influence with a suspended license
156	156	127or right to operate due to a prior operating under the influence offense or after being notified by
157	157	128the Registry of Motor Vehicles of such suspension.
158	158	129 (a)A person convicted under this subsection shall be imprisoned in a jail or house of
159	159	130correction for a minimum mandatory term of 1 year but not more than 2 ½ years and fined not
160	160	131less than $2,500 but not more than $10,000. No case commenced under this subsection shall be
161	161	132continued without a finding, or placed on file, or subject to the provisions of section 87 of
162	162	133chapter 276.
163	163	134 (b)Upon a conviction under this subsection the registrar shall extend said suspension of
164	164	135the license or right to operate for an additional 1 year. 8 of 69
165	165	136 (c)A sentence imposed under this subsection shall be served consecutively to and not
166	166	137concurrently with any other sentence or penalty.
167	167	138 (11)A certificate of the registrar or his authorized agent indicating that: (1) a license or
168	168	139right to operate has not been restored; or (2) a certificate of registration has not been restored; or
169	169	140(3) a new license to operate has not been issued; or (4) a new certificate of registration has not
170	170	141been issued shall be admissible as evidence in any court of the commonwealth to prove the facts
171	171	142certified to therein.
172	172	143 A certificate of a clerk of court that a person’s license or right to operate a motor vehicle
173	173	144was suspended for a period of time shall be admissible as prima facie evidence in any court of
174	174	145the commonwealth to prove the facts certified to therein.
175	175	146 (12)In no case shall a person who fails to pay an administrative reinstatement fee without
176	176	147the registrar giving written prior notice mandating payment thereof, be prosecuted for operating
177	177	148after suspension of a license.
178	178	149 (13) Upon a finding by the registrar that a person with a suspended license or right to
179	179	150operate, did operate a vehicle registered to another, the registrar shall, after hearing, suspend the
180	180	151certificate of registration of said motor vehicle for up to 30 days. Immediately, upon suspension,
181	181	152the certificate of registration and the number plates shall be surrendered to the registrar.
182	182	153 SECTION 3. Section 24, 24 ½ , 24A, 24B, 24D, 24E, 24F, 24G, 24H, 24I, 24J, 24K, 24L,
183	183	15424M, 24N, 24O, 24P, 24Q, 24R, 24S, 24T, 24U, 24V, 24W, and 24X of chapter 90 of the
184	184	155General Laws, is hereby amended by striking each section and inserting in place thereof the
185	185	156following:- 9 of 69
186	186	157 Chapter 90, § 24 - False statements in an application
187	187	158 (1)No person shall falsely make, steal, alter, forge, or counterfeit, a learner’s permit, a
188	188	159license to operate a motor vehicle, an identification card issued under section 8E of this chapter,
189	189	160a special parking identification disability placard, a certificate of registration of a motor vehicle
190	190	161or trailer or an inspection sticker.
191	191	162 (2)No person shall procure or assist another to falsely make, steal, alter, forge, or
192	192	163counterfeit, a learner’s permit, a license to operate a motor vehicle, an identification card issued
193	193	164under section 8E of this chapter, a special parking identification disability placard, a certificate of
194	194	165registration of a motor vehicle or trailer or an inspection sticker.
195	195	166 (3)No person shall forge or use without authority the signature, a facsimile of the
196	196	167signature, or validating signature stamp of the registrar or a deputy registrar upon a genuine,
197	197	168falsely made, stolen, altered, forged, or counterfeited learner’s permit, license to operate a motor
198	198	169vehicle, identification card issued under section 8E of this chapter, a special parking
199	199	170identification disability placard, a certificate of registration of a motor vehicle or trailer, or an
200	200	171inspection sticker.
201	201	172 (4)No person shall have in his possession, utter, publish as true, or in any way make use
202	202	173of a falsely made, stolen, altered, forged, or counterfeited learner’s permit, license to operate a
203	203	174motor vehicle, identification card issued under section 8E of this chapter, a special parking
204	204	175identification disability placard, a certificate of registration of a motor vehicle or trailer or an
205	205	176inspection sticker. 10 of 69
206	206	177 (5)No person shall have in his possession, utter, publish as true, or in any way make use
207	207	178of a falsely made, stolen, altered, forged, or counterfeited signature, facsimile of the signature, or
208	208	179validating signature stamp of the registrar or a deputy registrar.
209	209	180 (a)A person convicted under subsection (1), (2), (3), (4), or (5) of this section shall be
210	210	181imprisoned in a jail or house of correction for not more than 2 years or state prison for not more
211	211	182than 5 years or fined not more than $500.
212	212	183 (b)Upon a conviction under this section the registrar shall suspend the license or right to
213	213	184operate for 1 year. No appeal or motion for a new trial shall stay the suspension of the license or
214	214	185right to operate provided; however, that if the prosecution against such person has terminated in
215	215	186his favor, the registrar shall immediately reinstate his license or right to operate.
216	216	187 (6)No person shall make any false statement in an application for a learner’s permit or
217	217	188license to operate a motor vehicle.
218	218	189 (7)No person shall make any false statement in an application for a registration of a
219	219	190motor vehicle.
220	220	191 (8)No person shall loan to or knowingly permit his learner’s permit or license to operate a
221	221	192motor vehicle to be used by another person.
222	222	193 (a)A person convicted under subsection (6), (7), or (8) of this section shall be imprisoned
223	223	194in a jail or house of correction for not less than 2 weeks but not more than 2 years, or fined not
224	224	195less than $20 but no more than $200, or both. 11 of 69
225	225	196 (b)Upon a conviction under subsection (6), (7), or (8) of this section the registrar shall,
226	226	197unless the court or magistrate recommends otherwise, suspend the license or right to operate as
227	227	198follows:
228	228	199 (1)First offense: 60 days
229	229	200 (2)Subsequent offense within 3 years: 1 year
230	230	201 No appeal or motion for new trial shall stay the suspension of the license or right to
231	231	202operate provided; however, that if the prosecution against such person has terminated in his
232	232	203favor, the registrar shall immediately reinstate his license or right to operate.
233	233	204 (c)A summons may be issued instead of a warrant for arrest upon a complaint for a
234	234	205violation if there is reason to believe the defendant will appear before the court.
235	235	206 Chapter 90, § 24A - Operation of a motor vehicle while drinking alcoholic beverage from
236	236	207open container
237	237	208 (1)No person shall possess an open container or resealed bottle of alcoholic beverage in
238	238	209the passenger area of any motor vehicle while on a public way.
239	239	210 (2)A person convicted under this section shall be fined not less than $100 but not more
240	240	211than $500.
241	241	212 (3)This section shall not apply to passengers of a motor vehicle designed, maintained and
242	242	213used for the transportation of persons for compensation, or the living quarters of a house coach
243	243	214or house trailer. 12 of 69
244	244	215 (4)Notwithstanding the provisions of this section, the driver of any motor vehicle,
245	245	216including a house coach or house trailer, shall not possess an open container of alcoholic
246	246	217beverage.
247	247	218 Chapter 90, § 24B (1) - Negligent/Reckless operation
248	248	219 (1)No person shall operate a motor vehicle on a public way negligently or recklessly so
249	249	220that the lives or safety of the public might be endangered.
250	250	221 (2)A person convicted under this section shall be imprisoned in a jail or house of
251	251	222correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not
252	252	223more than $200 dollars, or both.
253	253	224 (3)Upon a conviction under this section the registrar shall, unless the court or magistrate
254	254	225recommends otherwise, suspend the license or right to operate as follows:
255	255	226 (a)First offense: 60 days
256	256	227 (b)Subsequent offense within 3 years: 1 year
257	257	228 No appeal or motion for a new trial shall stay the suspension of the license or right to
258	258	229operate provided; however, that if the prosecution against such person has terminated in his
259	259	230favor, the registrar shall immediately reinstate his license or right to operate.
260	260	231 (4)Upon a conviction of this subsection, if it appears by the records of the registrar that
261	261	232the person convicted is the owner of a motor vehicle or has exclusive control of any motor
262	262	233vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of
263	263	234registration of any or all motor vehicles owned or exclusively controlled by the person. 13 of 69
264	264	235 (5)Upon a disposition under this section the court shall assess a $250 fee to the person.
265	265	236The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury
266	266	237Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund.
267	267	238The assessment shall not be subject to reduction or waiver by the court for any reason.
268	268	239 A summons may be issued instead of a warrant for arrest upon a complaint for a violation
269	269	240of this section if there is reason to believe the defendant will appear before the court.
270	270	241 Chapter 90, § 24B (2) – Cell phone use while operating causing injury to a vehicle or
271	271	242property
272	272	243 (1)No person shall operate a motor vehicle while using a mobile phone or any other
273	273	244handheld device capable of accessing the internet, to manually compose, send or receive an
274	274	245electronic message on any public way negligently so that the lives or safety of the public might
275	275	246be endangered and proximately cause injury to any vehicle or property.
276	276	247 For the purposes of this section, an operator shall not be considered to be operating a
277	277	248motor vehicle if the vehicle is stationary and not located in a part of a public way intended for
278	278	249travel.
279	279	250 (2)A person convicted of this subsection shall be imprisoned in a jail or house of
280	280	251correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not
281	281	252more than $200, or both.
282	282	253 (3)Upon a conviction under this subsection the registrar shall, unless the court or
283	283	254magistrate recommends otherwise, suspend the license or right to operate as follows:
284	284	255 (a)First offense: 60 days 14 of 69
285	285	256 (b)Subsequent offense within 3 years: 1 year
286	286	257 No appeal or motion for a new trial shall stay the suspension of the license or right to
287	287	258operate provided; however, that if the prosecution against such person has terminated in his
288	288	259favor, the registrar shall immediately reinstate his license or right to operate.
289	289	260 (4)Upon a conviction of this subsection, if it appears by the records of the registrar that
290	290	261the person convicted is the owner of a motor vehicle or has exclusive control of any motor
291	291	262vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of
292	292	263registration of any or all motor vehicles owned or exclusively controlled by the person.
293	293	264 (5)Upon a disposition under this section the court shall assess a $250 fee to the person.
294	294	265The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury
295	295	266Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund.
296	296	267The assessment shall not be subject to reduction or waiver by the court for any reason.
297	297	268 A summons may be issued instead of a warrant for arrest upon a complaint for a violation
298	298	269of this section if there is reason to believe the defendant will appear before the court.
299	299	270 Chapter 90, § 24B (3) – Cell phone use while operating causing injury to another person
300	300	271 (1)No person shall operate a motor vehicle while using a mobile phone or any other
301	301	272handheld device capable of accessing the internet, to manually compose, send or receive an
302	302	273electronic message on any public way negligently so that the lives or safety of the public might
303	303	274be endangered and proximately cause injury to any other person. 15 of 69
304	304	275 For the purposes of this section, an operator shall not be considered to be operating a
305	305	276motor vehicle if the vehicle is stationary and not located in a part of a public way intended for
306	306	277travel.
307	307	278 (2)A person convicted of this subsection shall be imprisoned in a jail or house of
308	308	279correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not
309	309	280more than $200, or both.
310	310	281 (3)Upon a conviction under this subsection the registrar shall, unless the court or
311	311	282magistrate recommends otherwise, suspend the license or right to operate as follows:
312	312	283 (a)First offense: 60 days
313	313	284 (b)Subsequent offense within 3 years: 1 year
314	314	285 No appeal or motion for a new trial shall stay the suspension of the license or right to
315	315	286operate provided; however, that if the prosecution against such person has terminated in his
316	316	287favor, the registrar shall immediately reinstate his license or right to operate.
317	317	288 (4)Upon a conviction of this subsection, if it appears by the records of the registrar that
318	318	289the person convicted is the owner of a motor vehicle or has exclusive control of any motor
319	319	290vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of
320	320	291registration of any or all motor vehicles owned or exclusively controlled by the person.
321	321	292 (5)Upon a disposition under this section the court shall assess a $250 fee to the person.
322	322	293The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury
323	323	294Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund.
324	324	295The assessment shall not be subject to reduction or waiver by the court for any reason. 16 of 69
325	325	296 A summons may be issued instead of a warrant for arrest upon a complaint for a violation
326	326	297of this section if there is reason to believe the defendant will appear before the court.
327	327	298 Chapter 90, § 24B (4) – Cell phone by public transportation operator use while operating
328	328	299causing injury to a vehicle or property
329	329	300 (1)No operator of a vehicle or vessel used in public transportation, including a train,
330	330	301passenger bus, school bus or other vehicle used to transport pupils, passenger ferry boat, water
331	331	302shuttle or other equipment used in public transportation owned by, or operated under the
332	332	303authority of the Massachusetts Bay Transportation Authority, the Woods Hole, Martha’s
333	333	304Vineyard and Nantucket Steamship Authority, Massachusetts Port Authority, or the
334	334	305Massachusetts Department of Transportation, shall use a mobile telephone, hands-free mobile
335	335	306telephone or other mobile electronic device while operating such vehicle or vessel shall operate a
336	336	307motor vehicle while using a mobile phone or any other handheld device capable of accessing the
337	337	308internet, to manually compose, send or receive an electronic message on any public way
338	338	309negligently so that the lives or safety of the public might be endangered and proximately cause
339	339	310injury to any vehicle or property.
340	340	311 This subsection shall not apply to the operator of a vehicle or vessel used in public
341	341	312transportation using a mobile telephone, hands-free mobile telephone or mobile electronic device
342	342	313in the performance of the operator’s official duties.
343	343	314 In order for the use of any such device to be made “in the performance of the operator’s
344	344	315official duties,” such use must have been made in conformance with applicable written
345	345	316guidelines issued by a public entity listed in this paragraph relative to circumstances when
346	346	317operators are permitted to use said devices in the performance of their official duties or pursuant 17 of 69
347	347	318to directives from federal authorities having regulatory jurisdiction over such public entity’s
348	348	319operations.
349	349	320 It shall be an affirmative defense for an operator under this section to produce evidence
350	350	321that the use of a mobile telephone that is the basis of the alleged violation was in the case of an
351	351	322emergency. For the purpose of this paragraph, an emergency shall mean that the operator needed
352	352	323to communicate with another to report any of the following: (1) that the vehicle or vessel was
353	353	324disabled; (2) that medical attention or assistance was required on the vehicle or vessel; (3) that
354	354	325police intervention, fire department or other emergency services was necessary for the personal
355	355	326safety of a passenger or to otherwise ensure the safety of the passengers; or (4) that a disabled
356	356	327vehicle or an accident was present on a roadway.
357	357	328 (2)A person convicted of this subsection shall be imprisoned in a jail or house of
358	358	329correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not
359	359	330more than $200, or both.
360	360	331 (3)Upon a conviction under this subsection the registrar shall, unless the court or
361	361	332magistrate recommends otherwise, suspend the license or right to operate as follows:
362	362	333 (a)First offense: 60 days
363	363	334 (b)Subsequent offense within 3 years: 1 year
364	364	335 No appeal or motion for a new trial shall stay the suspension of the license or right to
365	365	336operate provided; however, that if the prosecution against such person has terminated in his
366	366	337favor, the registrar shall immediately reinstate his license or right to operate. 18 of 69
367	367	338 (4)Upon a conviction of this subsection, if it appears by the records of the registrar that
368	368	339the person convicted is the owner of a motor vehicle or has exclusive control of any motor
369	369	340vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of
370	370	341registration of any or all motor vehicles owned or exclusively controlled by the person.
371	371	342 (5)Upon a disposition under this section the court shall assess a $250 fee to the person.
372	372	343The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury
373	373	344Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund.
374	374	345The assessment shall not be subject to reduction or waiver by the court for any reason.
375	375	346 A summons may be issued instead of a warrant for arrest upon a complaint for a violation
376	376	347of this section if there is reason to believe the defendant will appear before the court.
377	377	348 Chapter 90, § 24B (5) – Cell phone use by public transportation operator while operating
378	378	349causing injury to another person
379	379	350 (1) No operator of a vehicle or vessel used in public transportation, including a train,
380	380	351passenger bus, school bus or other vehicle used to transport pupils, passenger ferry boat, water
381	381	352shuttle or other equipment used in public transportation owned by, or operated under the
382	382	353authority of the Massachusetts Bay Transportation Authority, the Woods Hole, Martha’s
383	383	354Vineyard and Nantucket Steamship Authority, Massachusetts Port Authority, or the
384	384	355Massachusetts Department of Transportation, shall use a mobile telephone, hands-free mobile
385	385	356telephone or other mobile electronic device while operating such vehicle or vessel shall operate a
386	386	357motor vehicle while using a mobile phone or any other handheld device capable of accessing the
387	387	358internet, to manually compose, send or receive an electronic message on any public way 19 of 69
388	388	359negligently so that the lives or safety of the public might be endangered and proximately cause
389	389	360injury to any other person.
390	390	361 This subsection shall not apply to the operator of a vehicle or vessel used in public
391	391	362transportation using a mobile telephone, hands-free mobile telephone or mobile electronic device
392	392	363in the performance of the operator’s official duties.
393	393	364 In order for the use of any such device to be made “in the performance of the operator’s
394	394	365official duties,” such use must have been made in conformance with applicable written
395	395	366guidelines issued by a public entity listed in this paragraph relative to circumstances when
396	396	367operators are permitted to use said devices in the performance of their official duties or pursuant
397	397	368to directives from federal authorities having regulatory jurisdiction over such public entity’s
398	398	369operations.
399	399	370 It shall be an affirmative defense for an operator under this section to produce evidence
400	400	371that the use of a mobile telephone that is the basis of the alleged violation was in the case of an
401	401	372emergency. For the purpose of this paragraph, an emergency shall mean that the operator needed
402	402	373to communicate with another to report any of the following: (1) that the vehicle or vessel was
403	403	374disabled; (2) that medical attention or assistance was required on the vehicle or vessel; (3) that
404	404	375police intervention, fire department or other emergency services was necessary for the personal
405	405	376safety of a passenger or to otherwise ensure the safety of the passengers; or (4) that a disabled
406	406	377vehicle or an accident was present on a roadway.
407	407	378 (2)A person convicted of this subsection shall be imprisoned in a jail or house of
408	408	379correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not
409	409	380more than $200, or both. 20 of 69
410	410	381 (3)Upon a conviction under this subsection the registrar shall, unless the court or
411	411	382magistrate recommends otherwise, suspend the license or right to operate as follows:
412	412	383 (a)First offense: 60 days
413	413	384 (b)Subsequent offense within 3 years: 1 year
414	414	385 No appeal or motion for a new trial shall stay the suspension of the license or right to
415	415	386operate provided; however, that if the prosecution against such person has terminated in his
416	416	387favor, the registrar shall immediately reinstate his license or right to operate.
417	417	388 (4)Upon a conviction of this subsection, if it appears by the records of the registrar that
418	418	389the person convicted is the owner of a motor vehicle or has exclusive control of any motor
419	419	390vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of
420	420	391registration of any or all motor vehicles owned or exclusively controlled by the person.
421	421	392 (5)Upon a disposition under this section the court shall assess a $250 fee to the person.
422	422	393The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury
423	423	394Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund.
424	424	395The assessment shall not be subject to reduction or waiver by the court for any reason.
425	425	396 A summons may be issued instead of a warrant for arrest upon a complaint for a violation
426	426	397of this section if there is reason to believe the defendant will appear before the court.
427	427	398 Chapter 90, § 24B (6) – Cell phone use by a person under 18 years of age while operating
428	428	399causing injury to a vehicle or property
429	429	400 (1)No person under 18 years of age shall operate a motor vehicle while using a mobile
430	430	401phone or any other handheld device capable of accessing the internet, to manually compose, send 21 of 69
431	431	402or receive an electronic message on any public way negligently so that the lives or safety of the
432	432	403public might be endangered and proximately cause injury to a vehicle or property.
433	433	404 For the purposes of this section, an operator shall not be considered to be operating a
434	434	405motor vehicle if the vehicle is stationary and not located in a part of a public way intended for
435	435	406travel.
436	436	407 It shall be an affirmative defense for an operator to produce evidence that the use of a
437	437	408mobile telephone, hands-free mobile telephone or mobile electronic device that is the basis of the
438	438	409alleged violation was for emergency purposes. For the purpose of this section, an emergency
439	439	410shall mean that the junior operator used the hands-free mobile telephone or mobile electronic
440	440	411device to communicate with another to report any of the following: (i) that the motor vehicle was
441	441	412disabled; (ii) that medical attention or assistance was required; (iii) that police intervention, fire
442	442	413department or other emergency service was necessary for the personal safety of the operator or a
443	443	414passenger; or (iv) that a disabled vehicle or an accident was present in the public way.
444	444	415 (2)A person convicted of this subsection shall be imprisoned in a jail or house of
445	445	416correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not
446	446	417more than $200, or both.
447	447	418 (3)Upon a conviction under this subsection the registrar shall, unless the court or
448	448	419magistrate recommends otherwise, suspend the license or right to operate as follows:
449	449	420 (a)First offense: 60 days
450	450	421 (b)Subsequent offense within 3 years: 1 year 22 of 69
451	451	422 No appeal or motion for a new trial shall stay the suspension of the license or right to
452	452	423operate provided; however, that if the prosecution against such person has terminated in his
453	453	424favor, the registrar shall immediately reinstate his license or right to operate.
454	454	425 (4)Upon a conviction of this subsection, if it appears by the records of the registrar that
455	455	426the person convicted is the owner of a motor vehicle or has exclusive control of any motor
456	456	427vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of
457	457	428registration of any or all motor vehicles owned or exclusively controlled by the person.
458	458	429 (5)Upon a disposition under this section the court shall assess a $250 fee to the person.
459	459	430The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury
460	460	431Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund.
461	461	432The assessment shall not be subject to reduction or waiver by the court for any reason.
462	462	433 A summons may be issued instead of a warrant for arrest upon a complaint for a violation
463	463	434of this section if there is reason to believe the defendant will appear before the court.
464	464	435 Chapter 90, § 24B (7) – Cell phone by a person under 18 years of age use while operating
465	465	436causing injury to another person
466	466	437 (1)No person under 18 years of age shall operate a motor vehicle while using a mobile
467	467	438phone or any other handheld device capable of accessing the internet, to manually compose, send
468	468	439or receive an electronic message on any public way negligently so that the lives or safety of the
469	469	440public might be endangered and proximately cause injury to any other person. 23 of 69
470	470	441 For the purposes of this section, an operator shall not be considered to be operating a
471	471	442motor vehicle if the vehicle is stationary and not located in a part of a public way intended for
472	472	443travel.
473	473	444 It shall be an affirmative defense for a junior operator to produce evidence that the use of
474	474	445a mobile telephone, hands-free mobile telephone or mobile electronic device that is the basis of
475	475	446the alleged violation was for emergency purposes. For the purpose of this section, an emergency
476	476	447shall mean that the junior operator used the hands-free mobile telephone or mobile electronic
477	477	448device to communicate with another to report any of the following: (i) that the motor vehicle was
478	478	449disabled; (ii) that medical attention or assistance was required; (iii) that police intervention, fire
479	479	450department or other emergency service was necessary for the personal safety of the operator or a
480	480	451passenger; or (iv) that a disabled vehicle or an accident was present in the public way.
481	481	452 (2)A person convicted of this subsection shall be imprisoned in a jail or house of
482	482	453correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not
483	483	454more than $200, or both.
484	484	455 (3)Upon a conviction under this subsection the registrar shall, unless the court or
485	485	456magistrate recommends otherwise, suspend the license or right to operate as follows:
486	486	457 (a)First offense: 60 days
487	487	458 (b)Subsequent offense within 3 years: 1 year
488	488	459 No appeal or motion for a new trial shall stay the suspension of the license or right to
489	489	460operate provided; however, that if the prosecution against such person has terminated in his
490	490	461favor, the registrar shall immediately reinstate his license or right to operate. 24 of 69
491	491	462 (4)Upon a conviction of this subsection, if it appears by the records of the registrar that
492	492	463the person convicted is the owner of a motor vehicle or has exclusive control of any motor
493	493	464vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of
494	494	465registration of any or all motor vehicles owned or exclusively controlled by the person.
495	495	466 (5)Upon a disposition under this section the court shall assess a $250 fee to the person.
496	496	467The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury
497	497	468Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund.
498	498	469The assessment shall not be subject to reduction or waiver by the court for any reason.
499	499	470 A summons may be issued instead of a warrant for arrest upon a complaint for a violation
500	500	471of this section if there is reason to believe the defendant will appear before the court.
501	501	472 Chapter 90, § 24C (1) - Leaving the scene after causing property damage
502	502	473 (1)No person operating a motor vehicle on a public way shall knowingly collide with or
503	503	474otherwise cause injury to any other vehicle or property without stopping and making known his
504	504	475name, residence and the registration number of his motor vehicle.
505	505	476 (2)A person convicted of this subsection shall be imprisoned in a jail or house of
506	506	477correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not
507	507	478more than $200, or both.
508	508	479 (3)Upon a conviction under this subsection the registrar shall, unless the court or
509	509	480magistrate recommends otherwise, suspend the license or right to operate as follows:
510	510	481 (a)First offense: 60 days
511	511	482 (b)Subsequent offense within 3 years: 1 year 25 of 69
512	512	483 No appeal or motion for a new trial shall stay the suspension of the license or right to
513	513	484operate provided; however, if the charges against the person are dismissed, or the person is found
514	514	485not guilty, the person may immediately file a motion before the judge that heard the case, for the
515	515	486purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds
516	516	487that the charges were resolved in favor of the defendant, that there are no alcohol related charges
517	517	488pending in any court, and that there is no evidence before the court based on a preponderance of
518	518	489the evidence that reinstatement of the license or right to operate would endanger the public, there
519	519	490shall be a presumption that the court shall order that this particular suspension be terminated.
520	520	491 (4)Upon a conviction of this section, if it appears by the records of the registrar that the
521	521	492person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as
522	522	493a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of
523	523	494any or all motor vehicles owned or exclusively controlled by the person.
524	524	495 A summons may be issued instead of a warrant for arrest upon a complaint for a violation
525	525	496of this subsection if there is reason to believe the defendant will appear before the court.
526	526	497 Chapter 90, § 24C (2) - Leaving the scene after causing personal injury
527	527	498 (1)No person operating a motor vehicle on a public way shall knowingly collide with or
528	528	499otherwise cause injury to any person, not resulting in the death of that person, without stopping
529	529	500and making known his name, residence and the registration number of his motor vehicle.
530	530	501 (2)A person convicted of this subsection shall be imprisoned in a jail or house of
531	531	502correction for not less than 6 months but not more than 2 years and fined not less than $500 but
532	532	503not more than $1,000. No case commenced under this subsection shall be continued without a
533	533	504finding or placed on file. 26 of 69
534	534	505 (3)Upon a conviction of this subsection the registrar shall, unless the court or magistrate
535	535	506recommend otherwise, suspend the license or right to operate as follows:
536	536	507 (a)First offense: 1 year
537	537	508 (b)Subsequent offense: 2 years
538	538	509 No appeal or motion for a new trial shall stay the suspension of the license or right to
539	539	510operate provided; however, if the charges against the person are dismissed, or the person is found
540	540	511not guilty, the person may immediately file a motion before the judge that heard the case, for the
541	541	512purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds
542	542	513that the charges were resolved in favor of the defendant, that there are no alcohol related charges
543	543	514pending in any court, and that there is no evidence before the court based on a preponderance of
544	544	515the evidence that reinstatement of the license or right to operate would endanger the public, there
545	545	516shall be a presumption that the court shall order that this particular suspension be terminated.
546	546	517 (4)Upon a conviction of this section, if it appears by the records of the registrar that the
547	547	518person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as
548	548	519a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of
549	549	520any or all motor vehicles owned or exclusively controlled by the person.
550	550	521 Chapter 90, § 24C (3) - Leaving the scene after causing death
551	551	522 (1) No person operating a motor vehicle on a public way shall knowingly collide with or
552	552	523otherwise cause injury to any person, resulting in death, without stopping and making known his
553	553	524name, residence and the registration number of his motor vehicle. 27 of 69
554	554	525 (2)A person convicted under this subsection shall be imprisoned in a jail or house of
555	555	526correction for a minimum mandatory 1 year but not more than 2 ½ years or state prison for not
556	556	527less than 2 ½ but not more than 10 years with a minimum mandatory term of 1 year and fined not
557	557	528less than $1,000 but not more than $5,000. No case commenced under this subsection shall be
558	558	529continued without a finding or placed on file.
559	559	530 (3)Upon a conviction of this subsection the registrar shall, unless the court or magistrate
560	560	531recommends otherwise, suspend the license or right to operate as follows:
561	561	532 (a) First offense: 3 years
562	562	533 (b)Subsequent offense: 10 years
563	563	534 No appeal or motion for a new trial shall stay the suspension of the license or right to
564	564	535operate provided; however, if the charges against the person are dismissed, or the person is found
565	565	536not guilty, the person may immediately file a motion before the judge that heard the case, for the
566	566	537purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds
567	567	538that the charges were resolved in favor of the defendant, that there are no alcohol related charges
568	568	539pending in any court, and that there is no evidence before the court based on a preponderance of
569	569	540the evidence that reinstatement of the license or right to operate would endanger the public, there
570	570	541shall be a presumption that the court shall order that this particular suspension be terminated.
571	571	542 (4)Upon a conviction of this section, if it appears by the records of the registrar that the
572	572	543person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as
573	573	544a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of
574	574	545any or all motor vehicles owned or exclusively controlled by the person. 28 of 69
575	575	546 Chapter 90, § 24D- Operating under the influence of intoxicating liquor or other
576	576	547substances
577	577	548 (1)No person shall operate a motor vehicle on a public way while under the influence of
578	578	549intoxicating liquor, drugs, or other substances as defined in section 1 of chapter 94C.
579	579	550 (2)A person convicted under subsection (1) of this section shall be punished as follows:
580	580	551 First Offense: If there is no prior operating under the influence offense, the defendant
581	581	552shall be imprisoned in a jail or house of correction for not more than 2 ½ years or fined not less
582	582	553than $500 but not more than $5,000, or both.
583	583	554 Second Offense: If there is 1 prior operating under the influence offense, the defendant
584	584	555shall be imprisoned in a jail or house of correction for a minimum mandatory term of 30 days but
585	585	556not more than 2 ½ years and fined not less than $600 but not more than $10,000.
586	586	557 Third Offense: If there are 2 prior operating under the influence offenses, the defendant
587	587	558shall be imprisoned in a jail or house of correction for not less than 150 days but not more than 2
588	588	559½ years, or state prison for not less than 2 ½ years but not more than 5 years with a minimum
589	589	560mandatory term of 150 days and fined not less than $1,000 but not more than $15,000.
590	590	561 Fourth Offense: If there are 3 prior operating under the influence offenses, the defendant
591	591	562shall be imprisoned in a jail or house of correction for not less than 2 years but not more than 2 ½
592	592	563years, or state prison for not less than 2 ½ years but not more than 5 years with a minimum
593	593	564mandatory term of 1 year and fined not less than $1,500 but not more than $25,000.
594	594	565 Fifth or Subsequent Offense: If there are 4 or more prior operating under the influence
595	595	566offenses, the defendant shall be imprisoned in a jail or house of correction for not less than 2 ½ 29 of 69
596	596	567years, or be imprisoned in the state prison for not less than 2 ½ years but not more than 5 years
597	597	568with a minimum mandatory term of 2 years and fined not less than $2,000 but not more than
598	598	569$50,000.
599	599	570 Upon a disposition under this section the court shall assess a $250 fee to the person. The
600	600	571court shall transmit $187.50 of the $250 collected under this assessment to the state treasurer to
601	601	572be deposited into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be
602	602	573deposited into the General Fund. The assessment shall not be subject to reduction or waiver by
603	603	574the court for any reason.
604	604	575 Upon a disposition under this section the court shall assess a $50 fee to the person. The
605	605	576court shall transmit the $50 to the state treasurer to be deposited into the Victims of Drunk
606	606	577Driving Trust Fund. The assessment shall not be subject to waiver by the court for any reason. If
607	607	578the court sentences the person to a correctional facility the outstanding assessment shall be noted
608	608	579on the mittimus.
609	609	580 In any prosecution commenced pursuant to this section, introduction into evidence of a
610	610	581prior conviction or a prior finding of sufficient facts by either certified attested copies of original
611	611	582court papers, or certified attested copies of the defendant’s biographical and informational data
612	612	583from records of the department of probation, any jail or house of correction, the department of
613	613	584correction, or the registry of motor vehicles, shall be prima facie evidence that the defendant
614	614	585before the court has been convicted previously or assigned to an alcohol or controlled substance
615	615	586education, treatment, or rehabilitation program by a court of the commonwealth or of a like
616	616	587offense from any other jurisdiction. Such documentation shall be self-authenticating and
617	617	588admissible, after the commonwealth has established the defendant’s guilt on the primary offense, 30 of 69
618	618	589as evidence in any court of the commonwealth to prove the defendant’s commission of any prior
619	619	590convictions or assignments to alcohol or controlled substance education, treatment, or
620	620	591rehabilitation programs described therein. The commonwealth shall not be required to introduce
621	621	592any additional corroborative evidence, nor live witness testimony to establish the validity of such
622	622	593prior offenses.
623	623	594 No prosecutions under this section shall be continued without a finding except for cases
624	624	595disposed of pursuant to the provisions of subdivision (a) of subsection (3) of this section. No
625	625	596prosecutions under this section shall be placed on file, or subject to the provisions of section 87
626	626	597of chapter 276. At any time before the commencement of a trial or acceptance of a plea on a
627	627	598complaint alleging a violation of this section, the prosecutor may apply for the issuance of a new
628	628	599complaint pursuant to section 35A of chapter 218 alleging a violation of this section and 1 or
629	629	600more prior operating under the influence offenses. If such application is made, upon motion of
630	630	601the prosecutor, the court shall stay further proceedings on the original complaint pending the
631	631	602determination of the application for the new complaint. If a new complaint is issued, the court
632	632	603shall dismiss the original complaint and order that further proceedings on the new complaint be
633	633	604postponed until the defendant has had sufficient time to prepare a defense. No trial shall be
634	634	605commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be
635	635	606accepted on such complaint, nor shall the prosecution on such complaint be transferred to
636	636	607another division of the district court or to a jury-of-six session, until the court receives a report
637	637	608from the commissioner of probation pertaining to the defendant’s record, if any, of prior
638	638	609operating under the influence offenses; provided, however, that the provisions of this paragraph
639	639	610shall not justify the postponement of any such trial or of the acceptance of any such plea for
640	640	611more than five working days after the date of the defendant’s arraignment. The commissioner of 31 of 69
641	641	612probation shall give priority to requests for such records. Upon any conviction or continuation
642	642	613without a finding under this section, the court shall order that any license issued by the
643	643	614commonwealth be surrendered to the probation department, and disposed of in a manner
644	644	615prescribed by the registrar. The clerk of courts shall notify the registrar forthwith of the
645	645	616disposition.
646	646	617 Upon a disposition for an operating under the influence offense as defined in section (1)
647	647	618of this chapter the probation department, in the court in which the finding was entered, shall
648	648	619provide the defendant a copy of the statutory provisions that apply to any further operating under
649	649	620the influence offense. The statement of statutory provisions shall be prepared by the secretary of
650	650	621public safety.
651	651	622 Upon a disposition for an operating under the influence offense as defined in section (1)
652	652	623of this chapter the court shall ask the defendant whether he was served alcohol prior to his
653	653	624violation at an establishment licensed to serve alcohol. If the defendant answers in the
654	654	625affirmative, the defendant shall provide the name and address of the establishment. The clerk’s
655	655	626office shall provide in writing to the Alcohol Beverage Control Commission the name of the
656	656	627establishment and date of offense given by the defendant. The Alcohol Beverage Control
657	657	628Commission shall inform the named establishment of this incident forthwith. The trial court
658	658	629shall, in conjunction with the Alcohol Beverage Control Commission, promulgate a standard
659	659	630form for reporting and collecting said information. The Alcohol Beverage Control Commission
660	660	631shall provide an annual report including the collected data to the attorney general, each district
661	661	632attorney, and the local liquor licensing authorities. 32 of 69
662	662	633 The provisions of section 6A of chapter 279 shall not apply to a person with a prior
663	663	634operating under the influence offense as defined in section 1 of chapter 90.
664	664	635 If a defendant waives his right to a jury trial pursuant to section 26A of chapter 218 on a
665	665	636complaint under this section he shall be deemed to have waived his right to a jury trial on all
666	666	637elements of the complaint.
667	667	638 (3)Alternative Dispositions
668	668	639 First Offense: If there is no evidence of a prior operating under the influence offense, a
669	669	640person charged or convicted may consent to being placed on probation for not more than 2 years
670	670	641instead of the disposition specified in subdivision (a) of subsection (2) of this section. Offenders
671	671	642with a single prior operating under the influence offense more than 10 years preceding the date
672	672	643of the most recent offense shall be eligible for a disposition under this subdivision. As a
673	673	644condition of this probation, the person shall be ordered to complete an out patient alcohol, drug,
674	674	645or substance abuse program as specified by the court. Offenders who reside out of state, or are a
675	675	646full time student out of state, may at the court’s discretion complete a licensed first offender’s
676	676	647program in that other state, as approved by the Department of Public Health.
677	677	648 If a person is sentenced to an alternative disposition, notwithstanding the provisions of
678	678	649subsection (5) of this section, the court shall impose a suspension of the defendant’s license or
679	679	650right to operate for not less than 45 days nor more than 90 days if said person was over the age of
680	680	65121 at the time of the offense, or 210 days if said person was under the age of 21 at the time of
681	681	652offense. A person may immediately apply for a hardship license following disposition and
682	682	653enrollment into the treatment program required by this subsection. In all cases where a hardship
683	683	654license is sought, the probation office where the offender is or was on probation will, upon 33 of 69
684	684	655request, furnish the registrar with documentation verifying the person’s status with probation.
685	685	656Hardship licenses under this subsection shall be issued under such terms and conditions as the
686	686	657registrar may prescribe, after the registry is convinced that the issues that this offense(s) arose
687	687	658from have been dealt with by the operator and brought under control. Said hardship license shall
688	688	659be issued, subject to the agency’s discretion, upon a showing of hardship for work, education, or
689	689	660other purpose the registrar deems valid and significant, and shall be for an identical 12 hour
690	690	661period, 7 days a week. In all such cases where the defendant operated a motor vehicle with a
691	691	662percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar
692	692	663may place a restriction on a hardship license granted by the registrar under this section requiring
693	693	664that such person have an ignition interlock device installed on each vehicle owned, each vehicle
694	694	665leased and each vehicle operated by the licensee for the duration of the hardship license.
695	695	666Notwithstanding the above, if the records of the registrar contain additional information
696	696	667regarding operating under the influence offenses, the registrar shall suspend the license in
697	697	668accordance with subsection (5) of this section. A person shall be presumed to be a suitable
698	698	669candidate for this disposition after trial unless otherwise prohibited by this section. In cases
699	699	670where an eligible person is not granted such a disposition should he or she seek it, the court shall
700	700	671make written findings supporting its decision.
701	701	672 Each person placed in such a program shall pay a program fee as determined by the
702	702	673department of public health. The program fee shall not exceed the cost per client to run the
703	703	674program. The department of public health shall compile a schedule of uniform fees for these
704	704	675programs, which shall be changed only after notice and public hearing. The department shall
705	705	676promulgate rules and regulations regarding the process and methodology of setting these fees.
706	706	677No person shall be denied entry into a program where the court, after review and investigation by 34 of 69
707	707	678the probation department, determines that the defendant is indigent, and has filed such an
708	708	679affidavit with the court. The court may then waive or reduce said fee on a case by case basis.
709	709	680Subject to appropriation, the department of public health shall reimburse each program for the
710	710	681costs of services provided to persons for whom payment of a fee has been waived or reduced on
711	711	682the grounds of indigency.
712	712	683 In addition to the program fee, the court shall assess a $250 fee to each person placed in
713	713	684such a program. The court shall transmit the $250 to the state treasurer for the support of
714	714	685programs operated by the commissioner of public health for the investigation, enforcement,
715	715	686treatment and rehabilitation of persons charged with or convicted of operating under the
716	716	687influence. The assessment may be reduced or waived if the court makes written findings that
717	717	688payment would cause the person severe financial hardship.
718	718	689 The alternative disposition programs utilized under this subsection shall be established,
719	719	690administered or approved by the department of public health, who shall have authority to
720	720	691promulgate such regulations as is necessary to govern the content, conduct, operation or approval
721	721	692of these programs. The department of public health shall prepare and publish annually a list of all
722	722	693accepted alcohol treatment and rehabilitation programs, make this list available upon request to
723	723	694members of the public, and annually furnish the commissioner of probation, the registrar, and the
724	724	695secretary of public safety with a copy of said list.
725	725	696 The commissioner of probation shall annually report to the department of public health
726	726	697the number of persons who receive an alternative disposition and the number of persons who
727	727	698have been required by the court to participate in alcohol or controlled substance abuse treatment
728	728	699or rehabilitation programs. In addition, the commissioner of probation, and the chief justice of 35 of 69
729	729	700the district courts and the Boston Municipal Court shall annually report to the department of
730	730	701public health the resources available for alcohol and controlled substance abuse treatment and
731	731	702rehabilitation of alcohol-impaired or controlled substance abuse-impaired drivers. The report
732	732	703shall evaluate the existing resources and shall make recommendations as to any additional
733	733	704resources. The department of public health shall take such reports into consideration in the
734	734	705development, implementation, and review of the state’s alcoholism or controlled substance abuse
735	735	706plan and in the preparation of the division’s annual budget in a manner consistent with the
736	736	707Alcoholism Treatment and Rehabilitation Law.
737	737	708 Second Offense: Notwithstanding the provisions of subsection (2) of this section, in cases
738	738	709where a defendant has only one prior operating under the influence offense, the court, in its
739	739	710discretion, may order the defendant to enter and complete a 14 day in patient program and to
740	740	711participate in an outpatient counseling program designed for such offenders in lieu of the
741	741	712required 30 day minimum mandatory term. This program shall be in addition to any probation
742	742	713ordered under section 24D(2)(b).
743	743	714 The defendant shall pay for the cost of the services provided by the residential alcohol
744	744	715treatment program; provided, however, that no person shall be excluded from said programs for
745	745	716inability to pay; and provided, further, that such person files with the court, an affidavit of
746	746	717indigency or inability to pay and that investigation by the probation officer confirms such
747	747	718indigency or establishes that payment of such fee would cause a grave and serious hardship to
748	748	719such individual or to the family of such individual, and that the court enters a written finding
749	749	720thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to
750	750	721make partial or installment payments of the cost of said program. 36 of 69
751	751	722 The provisions of this subsection shall not apply to any person who causes serious bodily
752	752	723injury or death to another person during the events that gave rise to the complaint or indictment.
753	753	724 (4)The following persons shall complete an alcohol and drug assessment conducted by
754	754	725the department of public health or other court approved program as a mandatory condition of any
755	755	726sentence imposed:
756	756	727 A person having a percentage, by weight, of alcohol in his blood of .20% or above during
757	757	728an operating under the influence offense; or
758	758	729 A person with a second or subsequent operating under the influence offense.
759	759	730 The assessment shall include at a minimum an evaluation of the level of the offender’s
760	760	731addiction to alcohol and/or drugs and the department’s recommended course of treatment. Such
761	761	732assessment and recommendation shall be reported to the offender’s probation or parole officer.
762	762	733No person shall be excluded from an assessment for inability to pay if the offender files an
763	763	734affidavit of indigency or inability to pay with the court and an investigation by the probation or
764	764	735parole officer confirms such indigency or establishes that such payment would cause a grave and
765	765	736serious hardship to the offender or his family, and the court enters written findings relative
766	766	737thereto. The commissioner of public health may make such rules and regulations as are necessary
767	767	738or proper to carry out this section.
768	768	739 (5)Upon conviction the registrar shall suspend the license or right to operate, based on the
769	769	740number of offenses on the agency’s records, as follows: 37 of 69
770	770	741 First offense: 1 year except for persons that have properly received dispositions pursuant
771	771	742to subsection 3 of section 24D of this chapter. The operator may apply for a hardship license 90
772	772	743days from the date of conviction, absent any other suspensions.
773	773	744 Second offense: 2 years except for persons that have properly received dispositions
774	774	745pursuant to subsection 3 of section 24D of this chapter. The operator may apply for a hardship
775	775	746license 1 year from the date of conviction, absent any other suspensions.
776	776	747 Third offense: 8 years. The operator may apply for a hardship license 2 years from the
777	777	748date of conviction, absent any other suspensions.
778	778	749 Fourth offense: 10 years. The operator may apply for a hardship license 5 years from the
779	779	750date of conviction, absent any other suspensions.
780	780	751 Fifth or subsequent offense: Lifetime.
781	781	752 Notwithstanding subdivisions (a) through (e) of this subsection, the registrar shall
782	782	753suspend for life a person’s license or right to operate upon an operating under the influence
783	783	754offense if the person has been previously convicted of motor vehicle homicide while under the
784	784	755influence or manslaughter by motor vehicle.
785	785	756 Hardship licenses under this subsection shall be issued under such terms and conditions
786	786	757as the registrar may prescribe, after the registry is convinced that the issues that this offense(s)
787	787	758arose from have been dealt with by the operator and brought under control. Said hardship license
788	788	759shall be issued, subject to the agency’s discretion, upon a showing of hardship for work,
789	789	760education, or other purpose the registrar deems valid and significant, and shall be for an identical
790	790	76112 hour period, 7 days a week. 38 of 69
791	791	762 If there are 2 prior operating under the influence offenses, the registrar may suspend the
792	792	763registration of a motor vehicle owned by a person for the duration of the suspension of the
793	793	764license or right to operate. No new registration shall be issued to said person during the
794	794	765suspension period.
795	795	766 Chapter 90, § 24E – Implied Consent
796	796	767 (1)Whoever operates a motor vehicle on a public way shall be deemed to have consented
797	797	768to a test of his breath or blood in the event he is arrested with operating a motor vehicle while
798	798	769under the influence of intoxicating liquor. A person brought to a police station or place of
799	799	770detention is deemed to have consented to a test of his breath. A valid breath test under this
800	800	771section shall be one adequate breath sample analysis, followed by one calibration standard
801	801	772analysis, and then by a second adequate breath sample analysis. A person is deemed to have
802	802	773consented to a test of his blood only if he has been brought to a medical facility licensed pursuant
803	803	774to the provisions of section 51 of chapter 111, and the blood is drawn by a physician, registered
804	804	775nurse or certified medical technician; provided further that no person inflicted with hemophilia
805	805	776or any other condition requiring the use of anticoagulants shall be deemed to have consented to
806	806	777the withdrawal of blood. Such test shall be administered by or at the direction of a police officer
807	807	778as defined in section 1 of chapter 90C, having reasonable grounds to believe that the defendant
808	808	779was operating under the influence.
809	809	780 In any prosecution for an operating under the influence offense, evidence of a defendant's
810	810	781blood alcohol content at the time of offense, shown by breath or blood, is relevant and admissible
811	811	782to determine whether the defendant was under the influence of intoxicating liquor as defined in
812	812	783section 1 of this chapter, if test was conducted by or at the direction of a police officer, with the 39 of 69
813	813	784consent of the defendant. Upon the defendant’s request the results of said test shall be made
814	814	785available to him. In any case where a test is given, the defendant shall have the right to have
815	815	786another test done at his own expense, by a physician of his choosing.
816	816	787 Evidence that the defendant refused such test shall not be admissible in a criminal or civil
817	817	788proceeding, but shall be admissible in any action by the registrar in any proceeding provided for
818	818	789in under this section. For purposes of this section, a refusal is either a verbal or written refusal to
819	819	790take a test, or a failure to consent to a test required by this section.
820	820	791 If such evidence is that the blood alcohol content was .05% or less, there shall be a
821	821	792permissible inference that the defendant was not under the influence of intoxicating liquor, and
822	822	793he shall be released from custody forthwith, absent any other arrestable charges. The officer(s)
823	823	794who placed the defendant in custody shall not be liable for false arrest if there were reasonable
824	824	795grounds to believe that he was operating under the influence.
825	825	796 If the evidence is that such blood alcohol content was more than .05% but less than .08%,
826	826	797there shall be no permissible inference.
827	827	798 If the evidence is that such blood alcohol content was .08% or more, the defendant is
828	828	799deemed to be under the influence as defined in section 1 of this chapter.
829	829	800 A certificate, signed and sworn to, by a chemist of the department of the state police or a
830	830	801laboratory certified by the department of public health, which contains the results of an analysis
831	831	802made by such chemist of the blood alcohol content shall be prima facie evidence.
832	832	803 (2)Upon any refusal by the person arrested of a test required by this section, after the
833	833	804person has been informed that his license or right to operate a motor vehicle shall be suspended 40 of 69
834	834	805for the refusal, the registrar shall immediately suspend the person’s license or right to operate as
835	835	806follows:
836	836	807 If the person was age 21 or over at the time of offense, and has no prior operating under
837	837	808the influence convictions or been assigned to a program for, the suspension shall be for 180 days.
838	838	809 If the person has 1 prior operating under the influence conviction, or was under age 21 at
839	839	810the time of offense and has no more than 1 prior operating under the influence conviction, the
840	840	811suspension shall be for 3 years.
841	841	812 If the person has 2 prior operating under the influence convictions, the suspension shall
842	842	813be for 5 years.
843	843	814 If the person has 3 or more prior operating under the influence convictions, the
844	844	815suspension shall be for life.
845	845	816 If the person has a prior conviction under sections 24L or 24J of this chapter, the
846	846	817suspension shall be for 10 years.
847	847	818 If the person has a prior operating under the influence conviction pursuant to section 24K
848	848	819of this chapter or a conviction under section 24L of this chapter the suspension shall be for life.
849	849	820 No hardship licenses on suspensions for test refusals shall be granted, except for
850	850	821candidates that have properly received dispositions pursuant to subsection 3 of section 24D of
851	851	822this chapter. Any suspensions under this section shall be consecutive with any suspension or
852	852	823suspension for the underlying operation under the influence offense. Notwithstanding that, if the
853	853	824charges against the person are dismissed, or the person is found not guilty, the person may
854	854	825immediately file a motion before the judge that heard the case, for the purpose of seeking 41 of 69
855	855	826restoration of the license or right to operate. At said hearing, if the court finds that the charges
856	856	827were resolved in favor of the defendant, that there are no alcohol related charges pending in any
857	857	828court, and that there is no evidence before the court based on a preponderance of the evidence
858	858	829that reinstatement of the license or right to operate would endanger the public, there shall be a
859	859	830presumption that the court shall order that this particular suspension be terminated.
860	860	831 Any person refusing a test under this section shall have a right, at his request, to a hearing
861	861	832before the registrar to determine if grounds exist for the suspension. Any hearing request shall be
862	862	833made within 15 days of the incident giving rise to this suspension. The hearing shall be limited to
863	863	834the issues of whether reasonable grounds exist for the officer’s belief that the person placed
864	864	835under arrest was operating under the influence on a public way at the time of the incident,
865	865	836whether the person was advised of the consequences of the refusal, and did the person refuse or
866	866	837fail to consent to such test. The registrar shall compile a record of the hearing. If the ruling is in
867	867	838the person’s favor, absent any other reason for suspension, the registrar shall restore the person’s
868	868	839license or right to operate. The registrar may promulgate such rules and regulations as is
869	869	840necessary regarding the conduct of these hearings.
870	870	841 If the registrar rules that the suspension for refusal was proper, the appellant may file a
871	871	842petition for judicial review in the district court having jurisdiction over the underlying operation
872	872	843under the influence charge within 30 days of the registrar’s decision. Review by the court shall
873	873	844be on the record established at the hearing before the registrar. If the court finds that the
874	874	845department exceeded its constitutional or statutory authority, made an erroneous interpretation of
875	875	846the law, acted in an arbitrary and capricious manner, or made a determination which is
876	876	847unsupported by the evidence in the record, the court may reverse the registrar’s determination. 42 of 69
877	877	848 If a test indicates that a person was operating with a blood alcohol content of .08% or
878	878	849above, the registrar shall immediately suspend the person’s license or right to operate for 30
879	879	850days, or until the conclusion of the court case, whichever is shorter.
880	880	851 A person whose license or right to operate is suspended under this subsection may appeal
881	881	852the suspension within 10 days of the arraignment to the court where the charges are pending. The
882	882	853appeal shall be limited to the issues of whether a blood test, taken within a reasonable period of
883	883	854time after the arrest, shows a result of less than .08%, or that the test results were not consistent
884	884	855with the requirements of subsection (1) of this section.
885	885	856 If the charges against the person are dismissed, or the person is found not guilty, the
886	886	857person may immediately file a motion before the judge that heard the case, for the purpose of
887	887	858seeking restoration of the license or right to operate. At said hearing, if the court finds that the
888	888	859charges were resolved in favor of the defendant, that there are no alcohol related charges pending
889	889	860in any court, and that there is no evidence before the court based on a preponderance of the
890	890	861evidence that reinstatement of the license or right to operate would endanger the public, there
891	891	862shall be a presumption that the court shall order that this particular suspension be terminated.
892	892	863 (3)Chemical analysis of the breath of a person charged with a violation of this chapter
893	893	864shall not be considered valid under the provisions of this chapter, unless such analysis has been
894	894	865performed by a certified operator, using infrared breath-testing devices according to methods
895	895	866approved by the secretary of public safety. The secretary of public safety shall promulgate rules
896	896	867and regulations regarding satisfactory methods, techniques and criteria for the conduct of such
897	897	868tests, and shall establish a statewide training and certification program for all operators of such 43 of 69
898	898	869devices and a periodic certification program for such breath testing devices; provided, however,
899	899	870that the secretary may terminate or suspend such certification at his discretion.
900	900	871 Said regulations shall include, but shall not be limited to the following:
901	901	872 The chemical analysis of the breath of a person charged be performed by a certified
902	902	873operator using a certified infrared breath-testing device in the following sequence:
903	903	874 (1) one adequate breath sample analysis
904	904	875 (2) one calibration standard analysis
905	905	876 (3) a second adequate breath sample analysis
906	906	877 No person shall perform such a test unless certified by the secretary of public safety
907	907	878 No breath testing device, mouthpiece or tube shall be cleaned with any substance
908	908	879containing alcohol.
909	909	880 The secretary of public safety shall prescribe uniform formats, electronic or otherwise,
910	910	881for reports of such chemical analysis to be used by law enforcement officers and others acting in
911	911	882accordance with the provisions of this chapter. The reports generated in these formats shall be
912	912	883sequentially numbered. Each chief of police or other officer or official having charge or control
913	913	884of a law enforcement agency shall be responsible for the proper availability of these formats.
914	914	885Each party so responsible shall prepare or cause to be prepared such records and reports relating
915	915	886to such uniform formats and their disposition in such manner and at such times as the secretary
916	916	887of public safety shall prescribe. 44 of 69
917	917	888 Upon any failed or refused test under this section the police shall confiscate any license
918	918	889or permit issued by the commonwealth in the possession of the defendant, serve the defendant
919	919	890with a notice of suspension on behalf of the registrar, and impound the operator’s vehicle for a
920	920	89112 hour period following the incident. The operator shall be responsible for all costs associated
921	921	892with towing, storage and maintenance of the vehicle. In addition, in each case, the police shall
922	922	893prepare a report to the registrar under the pains and penalties of perjury, indicating the following:
923	923	894 a)the grounds the arresting officer had to believe that the defendant was operating under
924	924	895the influence on a public way;
925	925	896 b)the defendant was advised of the consequences of refusing the test;
926	926	897 c)the results of any failed test;
927	927	898 d)whether or not the operator refused or failed to consent to the test;
928	928	899 e)the identity of the officer who advised the defendant of his rights;
929	929	900 f)the identity and certification of the officer who conducted the breath test;
930	930	901 g)the identity of any witness to the test or refusal;
931	931	902 h)that the test was administered in accordance with the regulations and standards
932	932	903promulgated by the secretary of safety; and
933	933	904 i)There was every reason to believe the equipment was functioning properly at the time
934	934	905the test was administered. 45 of 69
935	935	906 The reports specified in this subsection shall be reported to the registrar forthwith in order
936	936	907to expedite the suspension of the license or right to operate, and shall be admissible as prima
937	937	908facie evidence in any administrative action before the registrar.
938	938	909 If a test is an analysis of blood rather than breath, in cases where a test indicates a blood
939	939	910alcohol content of .08% or above, or .02% or above if the operator is under age 21 at the time of
940	940	911offense, the police shall report said result to the registrar, who shall suspend the license
941	941	912consistent with the provisions of this section.
942	942	913 (4)Notwithstanding the findings of any charge, the following additional provisions shall
943	943	914apply to persons under age 21 after having been arrested for an operating under the influence
944	944	915offense:
945	945	916 Upon evidence that a person under the age of 21 had a blood alcohol content of .02% or
946	946	917above or refused to submit to a chemical test or analysis of his breath or blood under this section,
947	947	918shall have his license or right to operate a motor vehicle suspended by the registrar for a period
948	948	919of an additional 180 days. Any person who is less than 18 years of age at the time of such
949	949	920offense shall have his license suspended by the registrar for an additional 1 year.
950	950	921 If a person has not been previously arrested for or charged with operating under the
951	951	922influence, such person shall, if he consents, be assigned to a program specifically designed by the
952	952	923department of public health for the treatment of underage drinking drivers. Upon entry into a
953	953	924program, authorized by this subsection, or a program required by section 24D of this chapter, the
954	954	925suspension of a license or right to operate as required by this subsection shall be waived by the
955	955	926registrar for a person under 21 years of age and over 18 years of age. The suspension shall be
956	956	927reduced to 180 days for a person who was under the age of 18 at the time of such offense. Upon 46 of 69
957	957	928the failure of a person who, at the time of offense was under the age of 21, to successfully
958	958	929complete such program, the registrar shall forthwith suspend such license or permit to operate for
959	959	930180 days, or for 1 year if the person was under age 18 at the time of offense.
960	960	931 The license, permit, or right to operate of a person convicted of any violation under
961	961	932section 24, 24A, 24B, 24C, 24I or 24J of this chapter, who was under the age of 18 at the time of
962	962	933such violation and whose license or permit to operate was not already suspended under this
963	963	934section for failing or refusing a test, shall have such license or right to operate suspended for an
964	964	935additional period of 180 days for a first offense and for a period of 1 year for a second or
965	965	936subsequent offense.
966	966	937 (5)When a complaint is issued alleging a person has violated section 24D, 24J, or 24K of
967	967	938this chapter, or violated section 8(1) (a), 8A, or 8B of chapter 90B, upon the failure of a police
968	968	939officer to suspend or take custody of the defendant’s license or permit, the judge shall
969	969	940immediately suspend and take custody of the defendant’s license or right to operate in the
970	970	941following instances:
971	971	942 (a)If the prosecutor makes a prima facie showing at arraignment that the defendant was
972	972	943operating a motor vehicle with a blood alcohol content of .08 or greater, or if the defendant is
973	973	944under 21 years of age a blood alcohol content of .02 or greater, as shown by a test of his breath
974	974	945or blood; and the prosecutor presents written certification of oral testimony from the person who
975	975	946administered the test that:
976	976	947 (1)the defendant was given a test;
977	977	948 (2)the person administering the test was trained and certified in the administration of the
978	978	949test; 47 of 69
979	979	950 (3)the test was performed in accordance with regulations and standards promulgated by
980	980	951the secretary of public safety;
981	981	952 (4)the equipment used for the test was regularly serviced and maintained; and
982	982	953 (5)the person administering the test had every reason to believe the equipment was
983	983	954functioning properly at the time the test was administered.
984	984	955 The written certification shall be prima facie evidence of the facts contained therein.
985	985	956 Upon a showing of the above facts, the judge shall take immediate physical possession of
986	986	957the license or permit and shall direct the prosecuting officer to immediately notify the
987	987	958Department of Criminal Justice Information Systems and the registrar of such suspension. The
988	988	959defendant’s license or right to operate shall be suspended for a period not to exceed 30 days; or
989	989	960 (b)If the prosecutor makes a prima facie showing at arraignment that the defendant was
990	990	961arrested for operating on any such way or place while under the influence of intoxicating liquor
991	991	962and refused a test of his breath or blood, the judge shall take immediate physical possession of
992	992	963the license or permit and shall direct the prosecuting officer to immediately notify the
993	993	964Department of Criminal Justice Information Systems and the registrar of such suspension. The
994	994	965defendant’s license or right to operate shall be suspended as follows:
995	995	966 If the person was age 21 or over at the time of offense, and has no prior operating under
996	996	967the influence offenses, the suspension shall be for 180 days.
997	997	968 If the person has one prior operating under the influence offense, or was under the age of
998	998	96921 at the time of offense and has no more than 1 prior operating under the influence offenses, the
999	999	970suspension shall be for 1 year. 48 of 69
1000	1000	971 If the person has 2 prior operating under the influence offenses, the suspension shall be
1001	1001	972for 18 months.
1002	1002	973 No license shall be restored under any circumstances and no restricted or hardship
1003	1003	974permits shall be issued during the suspension period imposed by this paragraph. If the charges
1004	1004	975against the person are dismissed, or the person is found not guilty, the person may immediately
1005	1005	976file a motion before the judge that heard the case, for the purpose of seeking restoration of the
1006	1006	977license or right to operate. At said hearing, if the court finds that the charges were resolved in
1007	1007	978favor of the defendant, that there are no alcohol related charges pending in any court, and that
1008	1008	979there is no evidence before the court based on a preponderance of the evidence that reinstatement
1009	1009	980of the license or right to operate would endanger the public, there shall be a presumption that the
1010	1010	981court shall order that this particular suspension be terminated.
1011	1011	982 Any person whose license or right to operate has been suspended under this section shall
1012	1012	983have a right, at his request, to a hearing before the registrar to determine if grounds exist for the
1013	1013	984suspension. Any hearing request shall be made within 10 days of the incident giving rise to this
1014	1014	985suspension. The hearing shall be limited to the issues of whether or not a blood test administered
1015	1015	986pursuant to section 24E of this chapter, within a reasonable period of time after a test of his
1016	1016	987breath, shows that that the blood alcohol content was less than .08% or less than .02% if the
1017	1017	988person was under the age of 21 at the time of the offense.
1018	1018	989 If, after a hearing, the court finds the defendant’s blood alcohol content was less than
1019	1019	990.08% or less than .02% if the person was under the age of 21 at the time of offense, the court
1020	1020	991shall restore the defendant’s license or right to operate and shall direct the prosecuting officer to 49 of 69
1021	1021	992immediately notify the Department of Criminal Justice Information Systems and the registrar of
1022	1022	993such restoration.
1023	1023	994 (6)Any person whose license or right to operate has been suspended because the person
1024	1024	995refused to submit to a test of his breath or blood under this section shall have the right, at his
1025	1025	996request, to a hearing before the court in which the underlying charges are pending to determine if
1026	1026	997grounds exist for the suspension. Any hearing request shall be made within 10 days of the
1027	1027	998hearing giving rise to this suspension. The hearing shall be limited to the following issues:
1028	1028	999 (a)whether or not the police officer had reasonable grounds to believe that the person had
1029	1029	1000been operating a motor vehicle while under the influence of intoxicating liquor on a public way;
1030	1030	1001 (b)whether or not the person was placed under arrest; and
1031	1031	1002 (c)whether or not the person refused to submit to a test of his breath or blood.
1032	1032	1003 If, after a hearing, the court finds in the negative on any one of the issues, the court shall
1033	1033	1004restore the defendant’s license or right to operate and shall direct the prosecuting officer to
1034	1034	1005immediately notify the Department of Criminal Justice Information Systems and the registrar of
1035	1035	1006such restoration.
1036	1036	1007 Chapter 90, § 24F – Ignition Interlock Devices
1037	1037	1008 (1)Any person whose license or right to operate is suspended for 2 or more operating
1038	1038	1009under the influence offenses, or who is operating on a restricted license for such offenses, shall
1039	1039	1010be required to have an ignition interlock device installed on each vehicle that he may own, lease,
1040	1040	1011or operate as a mandatory condition of issuance of a new license or right to operate. The
1041	1041	1012restriction shall remain on the license during the hardship license period and an additional 2 50 of 69
1042	1042	1013years upon the full restoration of the license. In cases where the person has not been granted a
1043	1043	1014hardship license, the ignition interlock requirement shall be for a 2 year period following the
1044	1044	1015reinstatement of the license or right to operate.
1045	1045	1016 Each device shall be subject to inspection, maintenance, and monitoring as the registrar
1046	1046	1017may prescribe. No ignition interlock device utilized under this section shall allow a vehicle to
1047	1047	1018start if a person’s blood alcohol content exceeds .02%. The registrar shall promulgate such rules
1048	1048	1019and regulations as deemed necessary regarding this section.
1049	1049	1020 The registrar may, after hearing, suspend the license or right to operate of any person
1050	1050	1021who:
1051	1051	1022 (a)removes an ignition interlock device without the written consent of the registrar; or
1052	1052	1023 (b)who fails to have it inspected, maintained or monitored on at least 2 occasions during
1053	1053	1024the requirement period,
1054	1054	1025 if the licensee has:
1055	1055	1026 (a)operated a vehicle with a blood alcohol content that caused the certified ignition
1056	1056	1027interlock device to prevent the vehicle from starting on at least 2 occasions; or
1057	1057	1028 (b)recorded a blood alcohol content in excess of .02% on at least 2 occasions.
1058	1058	1029 (c) In all such cases where the defendant operated a motor vehicle with a percentage, by
1059	1059	1030weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a
1060	1060	1031restriction on a hardship license granted by the registrar under this subparagraph requiring that
1061	1061	1032such person have an ignition interlock device installed on each vehicle owned, each vehicle
1062	1062	1033leased and each vehicle operated by the licensee for the duration of the hardship license. 51 of 69
1063	1063	1034 The suspension shall be for an extended period or for life. A person aggrieved by the
1064	1064	1035decision of the registrar pursuant to this section may file an appeal in the superior court. If the
1065	1065	1036court determines that the registrar abused his discretion, the court may vacate the suspension or
1066	1066	1037reduce the period ordered by the registrar.
1067	1067	1038 (2)No person required to have an ignition interlock device shall operate a motor vehicle
1068	1068	1039without such a device on a public way.
1069	1069	1040 A person convicted under this subsection shall be imprisoned in a jail or house of
1070	1070	1041correction for not less than 150 days but not more than 2 ½ years, or the state prison for not less
1071	1071	1042than 2 ½ years but not more than 5 years with a minimum mandatory term of 150 days. A fine of
1072	1072	1043not less than $1,000 but not more than $15,000 shall be imposed.
1073	1073	1044 (3)No person shall interfere with or tamper with an ignition interlock device with the
1074	1074	1045intent to disable such device.
1075	1075	1046 A person convicted under this subsection shall be punished by imprisonment in a jail or
1076	1076	1047house of correction for not less than 6 months but not more than 2 ½ years, or state prison for not
1077	1077	1048less than 3 years but not more than 5 years.
1078	1078	1049 (4)No person shall knowingly breathe into an ignition interlock device, or start a motor
1079	1079	1050vehicle equipped with an ignition interlock device, for the purpose of providing an operable
1080	1080	1051motor vehicle to a person under a license restriction requiring an ignition interlock device.
1081	1081	1052 A person convicted under this subsection shall be punished as follows: 52 of 69
1082	1082	1053 (a)First offense: The defendant shall be imprisoned in a jail or house of correction for not
1083	1083	1054less than 6 months but not more than 2 ½ years or punished by a fine of not less than $1,000 but
1084	1084	1055not more than $5,000.
1085	1085	1056 (b)Second or subsequent offense: The defendant shall be imprisoned in state prison for
1086	1086	1057not less than 3 years but not more than 5 years.
1087	1087	1058 (5)A certified copy of a signed acknowledgement of the terms and existence of an
1088	1088	1059ignition interlock device restriction, executed by a person alleged to have violated this section,
1089	1089	1060shall be admissible as prima facie evidence to prove the knowledge of the person who executed
1090	1090	1061the document.
1091	1091	1062 Chapter 90, § 24G – Motor Vehicle Forfeitures
1092	1092	1063 (1)A motor vehicle or vessel owned by a person who has at least 3 prior operating under
1093	1093	1064the influence offenses, as defined in section 1 of chapter 90, may be forfeited to the
1094	1094	1065commonwealth.
1095	1095	1066 (2)A district attorney or the attorney general may petition the superior or district court, in
1096	1096	1067the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of such
1097	1097	1068motor vehicle or vessel. The petition shall be filed in the court having jurisdiction over the
1098	1098	1069criminal proceeding brought under this chapter or chapter 90B. The proceeding shall be deemed
1099	1099	1070a civil suit in equity. In all such actions where the motor vehicle or vessel is jointly owned by
1100	1100	1071either a parent, spouse, child, grandparent, brother, sister, or parent of the spouse living in the
1101	1101	1072defendant's household, before the date of the second or subsequent operating under the influence
1102	1102	1073offense committed by the defendant, the commonwealth shall have the burden of proving the
1103	1103	1074existence of probable cause to institute the action. The claimant shall have the burden of proving 53 of 69
1104	1104	1075that the property is not forfeitable because the claimant is dependent on the motor vehicle or
1105	1105	1076vessel for his livelihood or the maintenance of his family.
1106	1106	1077 The court shall order the commonwealth to give notice, by certified or registered mail, to
1107	1107	1078the owners of the motor vehicle or vessel and, to such other persons or entities who appear to
1108	1108	1079have an interest therein. The court shall promptly, but not less than 2 weeks after notice, hold a
1109	1109	1080hearing on the petition. Upon the motion of an owner of the motor vehicle or vessel, the court
1110	1110	1081may continue the hearing on the petition pending the outcome of a criminal trial related to a
1111	1111	1082charge of operating under the influence in violation of this chapter or chapter 90B. During the
1112	1112	1083pendency of the proceedings, the court may issue, at the request of the commonwealth, ex parte,
1113	1113	1084any preliminary order or process necessary to seize and secure the property for which forfeiture
1114	1114	1085is sought. Process for seizure of the property shall issue only upon a showing of probable cause.
1115	1115	1086The application, issuance, execution, and return thereof shall be subject to the provisions of
1116	1116	1087chapter 276, as applicable.
1117	1117	1088 (3)At a hearing under this section, the court shall hear evidence and make findings of fact
1118	1118	1089and conclusions of law, and shall issue a final order. The parties shall have a right of appeal as
1119	1119	1090from a decree in equity. No forfeiture under this section shall extinguish a perfected security
1120	1120	1091interest held by a creditor in the property at the time of the filing of the forfeiture action. In all
1121	1121	1092actions where a proceeding results in forfeiture, the final order shall provide for disposition of
1122	1122	1093the property by the commonwealth in any manner not prohibited by law, including official use
1123	1123	1094by an authorized law enforcement or other agency, or at sale at public auction or by competitive
1124	1124	1095bidding, with such sale being conducted by the office of the district attorney or the attorney
1125	1125	1096general that obtained the final order of forfeiture. 54 of 69
1126	1126	1097 (4)The final order of the court shall provide that the proceeds of any such sale shall be
1127	1127	1098used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance
1128	1128	1099of custody, advertising and notice, and the balance of any such sale shall be distributed equally
1129	1129	1100among the prosecuting district attorney or attorney general, the city, town or state police
1130	1130	1101department involved in the forfeiture and the Victims of Drunk Driving Trust Fund established in
1131	1131	1102section 66 of chapter 10. If more than 1 department was substantially involved in the seizure, the
1132	1132	1103court having jurisdiction over the forfeiture proceeding shall distribute the portion for law
1133	1133	1104enforcement equitably among the departments.
1134	1134	1105 (5)There shall be established within the office of the state treasurer a separate Operating
1135	1135	1106Under the Influence Deterrent Trust Fund for each district attorney and for the attorney general.
1136	1136	1107All monies and proceeds received by a prosecuting district attorney or attorney general pursuant
1137	1137	1108to this section shall be deposited in the fund and shall be expended without further appropriation
1138	1138	1109to defray the costs of investigations, to provide additional technical equipment or expertise, to
1139	1139	1110provide matching funds to obtain federal grants, or for such other law enforcement purposes as
1140	1140	1111the district attorney or attorney general deems appropriate. Any program seeking to be an
1141	1141	1112eligible recipient of the funds shall file an annual audit report with the local district attorney and
1142	1142	1113attorney general. Such report shall include, but not be limited to, a listing of the assets, liabilities,
1143	1143	1114itemized expenditures and board of directors of the program. Within 90 days of the close of the
1144	1144	1115fiscal year, each district attorney and the attorney general shall file an annual report with the
1145	1145	1116house and senate committees on ways and means on the use of the monies in the trust fund for
1146	1146	1117the purposes of deterring operating under the influence programs.
1147	1147	1118 (6)All moneys and proceeds received by a police department shall be deposited into the
1148	1148	1119fund and shall be expended without further appropriation to defray the costs of investigations, to 55 of 69
1149	1149	1120provide additional technical equipment or expertise, to provide matching funds to obtain federal
1150	1150	1121grants, or to accomplish such other law enforcement purposes as the chief of police of such city
1151	1151	1122or town, or the colonel of state police deem appropriate, but such funds shall not be considered a
1152	1152	1123source of revenue to meet the operating needs of such department.
1153	1153	1124 Chapter 90, § 24H - Aggravated OUI
1154	1154	1125 (1)Any person aged 17 to 21 years, inclusive, who commits an operating under the
1155	1155	1126influence offense, and who has a blood alcohol content of .20% or above, shall also be guilty of
1156	1156	1127aggravated operating under the influence, and in addition to the penalties mandated in section
1157	1157	112824D of this chapter, shall also be required to enter and complete a 14 day residential treatment
1158	1158	1129program as described in subdivision (b) of subsection (3) of that section. In cases where the
1159	1159	1130person is otherwise qualified for a disposition under subdivision (a) of subsection (3), the person
1160	1160	1131shall be required to complete the 14 day residential program in lieu of the outpatient program
1161	1161	1132specified therein.
1162	1162	1133 Chapter 90, § 24I - Child Endangerment
1163	1163	1134 (1)No person shall operate a motor vehicle on a public way while under the influence of
1164	1164	1135intoxicating liquor, drugs, or other substance with a child 14 years of age or younger in the
1165	1165	1136vehicle.
1166	1166	1137 A person convicted under this section shall be punished as follows:
1167	1167	1138 (a)First offense: The defendant shall be imprisoned in a jail or house of correction for not
1168	1168	1139less than 90 days but not more than 2 ½ years and fined not less than $1,000 but not more than
1169	1169	1140$5,000. 56 of 69
1170	1170	1141 (b)Subsequent offense: If there is a prior conviction for a violation of this subsection or a
1171	1171	1142like offense in another jurisdiction the defendant shall be imprisoned in a jail or house of
1172	1172	1143correction for a minimum mandatory term of 6 months but not more than 2 ½ years, or state
1173	1173	1144prison for not less than 3 years but not more than 5 years with a minimum mandatory term of 6
1174	1174	1145months and fined not less than $5,000 but not more than $10,000.
1175	1175	1146 Upon a conviction under this section the registrar shall suspend the license or right to
1176	1176	1147operate for an additional period as follows:
1177	1177	1148 (a)First offense: 1 year
1178	1178	1149 (b)Subsequent offense: 3 years
1179	1179	1150 No appeal or motion for a new trial shall stay the suspension of the license or right to
1180	1180	1151operate.
1181	1181	1152 A sentence imposed under this subsection shall be served consecutively to and not
1182	1182	1153concurrently with the underlying operating under the influence offense. No case commenced
1183	1183	1154under this section shall be continued without a finding, or placed on file, or subject to the
1184	1184	1155provisions of section 87 of chapter 276.
1185	1185	1156 Chapter 90, § 24J - Operating under the influence causing serious bodily injury
1186	1186	1157 (1)No person shall operate a motor vehicle on a public way while under the influence of
1187	1187	1158intoxicating liquor, drugs, or other substances and by such operation cause serious bodily injury
1188	1188	1159to another person.
1189	1189	1160 A person convicted under this subsection shall be imprisoned in a jail or house of
1190	1190	1161correction for not more than 2 ½ years or fined not more than $3,000, or both. 57 of 69
1191	1191	1162 (2)No person shall operate a motor vehicle while under the influence of intoxicating
1192	1192	1163liquor, drugs, or other substances on a public way negligently or recklessly so that the lives or
1193	1193	1164safety of the public might be endangered and by such operation cause serious bodily injury to
1194	1194	1165another person.
1195	1195	1166 A person convicted under this subsection shall be imprisoned in a jail or house of
1196	1196	1167correction for a minimum mandatory term of 6 months but not more than 2 ½ years, or state
1197	1197	1168prison for not less than 2 ½ years but not more than 10 years with a minimum mandatory term of
1198	1198	11696 months and fined not more than $5,000. No case commenced under this section shall be
1199	1199	1170continued without a finding, or placed on file, or subject to the provisions of section 87 of
1200	1200	1171chapter 276.
1201	1201	1172 (3)Upon a conviction under this section the registrar shall suspend the license or right to
1202	1202	1173operate for 2 years after the date of conviction. No appeal or motion for a new trial shall stay the
1203	1203	1174suspension of the license or right to operate, provided; however, if the charges against the person
1204	1204	1175are dismissed, or the person is found not guilty, the person may immediately file a motion before
1205	1205	1176the judge that heard the case, for the purpose of seeking restoration of the license or right to
1206	1206	1177operate. At said hearing, if the court finds that the charges were resolved in favor of the
1207	1207	1178defendant, that there are no alcohol related charges pending in any court, and that there is no
1208	1208	1179evidence before the court based on a preponderance of the evidence that reinstatement of the
1209	1209	1180license or right to operate would endanger the public, there shall be a presumption that the court
1210	1210	1181shall order that this particular suspension be terminated.
1211	1211	1182 (4)Notwithstanding the provisions of subdivision (3) above, if a person license or right to
1212	1212	1183operate for life. 58 of 69
1213	1213	1184 (5)Upon a disposition under this section the court shall assess a $50 fee to the person.
1214	1214	1185The court shall transmit the $50 to the state treasurer to be deposited into the Victims of Drunk
1215	1215	1186Driving Trust Fund. The assessment shall not be subject to waiver by the court for any reason. If
1216	1216	1187the court sentences the person to a correctional facility the outstanding assessment shall be noted
1217	1217	1188on the mittimus.
1218	1218	1189 (6)For purposes of this section “serious bodily injury” shall mean bodily injury which
1219	1219	1190creates a substantial risk of death or involves either total disability or the loss or substantial
1220	1220	1191impairment of some bodily function for a substantial period of time.
1221	1221	1192 Chapter 90, § 24K (1) – Misdemeanor motor vehicle homicide – negligently or recklessly
1222	1222	1193 (1)No person shall operate a motor vehicle on a public way negligently or recklessly so
1223	1223	1194that the lives or safety of the public might be endangered and by such operation cause the death
1224	1224	1195of another person.
1225	1225	1196 A person convicted under this subsection shall be imprisoned in a jail or house of
1226	1226	1197correction for not less than 30 days but not more than 2 ½ years or fined not less than $300 but
1227	1227	1198not more than $3,000, or both. No case commenced under this subsection shall be continued
1228	1228	1199without a finding or placed on file.
1229	1229	1200 Upon a conviction under this subsection the registrar shall suspend the license or right to
1230	1230	1201operate as follows:
1231	1231	1202 (a)First offense: 15 years after the date of conviction
1232	1232	1203 (b)Subsequent offense: Lifetime 59 of 69
1233	1233	1204 No appeal or motion for a new trial shall stay the suspension of the license or right to
1234	1234	1205operate, provided; however, if the charges against the person are dismissed, or the person is
1235	1235	1206found not guilty, the person may immediately file a motion before the judge that heard the case,
1236	1236	1207for the purpose of seeking restoration of the license or right to operate. At said hearing, if the
1237	1237	1208court finds that the charges were resolved in favor of the defendant, that there are no alcohol
1238	1238	1209related charges pending in any court, and that there is no evidence before the court based on a
1239	1239	1210preponderance of the evidence that reinstatement of the license or right to operate would
1240	1240	1211endanger the public, there shall be a presumption that the court shall order that this particular
1241	1241	1212suspension be terminated.
1242	1242	1213 Upon a disposition under this section the court shall assess a $50 fee to the person. The
1243	1243	1214court shall transmit the $50 to the state treasurer to be deposited into the Victim’s of Drunk
1244	1244	1215Driving Trust Fund. The assessment shall not be subjected to waiver by the court for any reason.
1245	1245	1216If the court sentences the person to a correctional facility the outstanding assessment shall be
1246	1246	1217noted on the mittimus.
1247	1247	1218 Chapter 90, § 24K (2) – Misdemeanor motor vehicle homicide - under the influence
1248	1248	1219 (2)No person shall operate a motor vehicle on a public way under the influence of
1249	1249	1220intoxicating liquor, drugs, or other substances and by such operation cause the death of another
1250	1250	1221person.
1251	1251	1222 A person convicted under this subsection shall be imprisoned in the jail or house of
1252	1252	1223correction for not less than 30 days but not more than 2 ½ years or fined not less than $300 but
1253	1253	1224not more than $3,000, or both. No case commenced under this subsection shall be continued
1254	1254	1225without a finding or placed on file. 60 of 69
1255	1255	1226 Upon a conviction under this subsection the registrar shall suspend the license or right to
1256	1256	1227operate as follows:
1257	1257	1228 (a)First offense: 15 years after the date of conviction
1258	1258	1229 (b)Subsequent offense: Lifetime
1259	1259	1230 Notwithstanding the provisions of subdivision (b) above, if a person is convicted under
1260	1260	1231this subsection and has a prior operating under the influence offense, the registrar shall suspend
1261	1261	1232his license or right to operate for life.
1262	1262	1233 No appeal or motion for a new trial shall stay the suspension of the license or right to
1263	1263	1234operate, provided; however, if the charges against the person are dismissed, or the person is
1264	1264	1235found not guilty, the person may immediately file a motion before the judge that heard the case,
1265	1265	1236for the purpose of seeking restoration of the license or right to operate. At said hearing, if the
1266	1266	1237court finds that the charges were resolved in favor of the defendant, that there are no alcohol
1267	1267	1238related charges pending in any court, and that there is no evidence before the court based on a
1268	1268	1239preponderance of the evidence that reinstatement of the license or right to operate would
1269	1269	1240endanger the public, there shall be a presumption that the court shall order that this particular
1270	1270	1241suspension be terminated.
1271	1271	1242 Upon a disposition under this section the court shall assess a $50 fee to the person. The
1272	1272	1243court shall transmit the $50 to the state treasurer to be deposited into the Victims of Drunk
1273	1273	1244Driving Trust Fund. The assessment shall not be subject to waiver by the court for any reason. If
1274	1274	1245the court sentences the person to a correctional facility the outstanding assessment shall be noted
1275	1275	1246on the mittimus. 61 of 69
1276	1276	1247 Chapter 90, § 24K (3) – Felony motor vehicle homicide
1277	1277	1248 (3)No person shall operate a motor vehicle negligently or recklessly on a public way so
1278	1278	1249that the lives or safety of the public might be endangered while under the influence of
1279	1279	1250intoxicating liquor, drugs, or other substances and by such operation cause the death of another
1280	1280	1251person.
1281	1281	1252 A person convicted under this subsection shall be imprisoned in a jail or house of
1282	1282	1253correction for a minimum mandatory term of 1 year but not more than 2 ½ years, or state prison
1283	1283	1254for not less than 2 ½ years but not more than 15 years with a minimum mandatory term of 1 year
1284	1284	1255and fined not more than $5,000. No case commenced under this subsection shall be continued
1285	1285	1256without a finding or placed on file.
1286	1286	1257 Upon a conviction under this subsection the registrar shall suspend the license or right to
1287	1287	1258operate as follows:
1288	1288	1259 (a)First offense: 15 years after the date of conviction
1289	1289	1260 (b)Subsequent offense: Lifetime
1290	1290	1261 No appeal or motion for a new trial shall stay the suspension of the licenseor right to
1291	1291	1262operate, provided; however, if the charges against the person are dismissed, or the person is
1292	1292	1263found not guilty, the person may immediately file a motion before the judge that heard the case,
1293	1293	1264for the purpose of seeking restoration of the license or right to operate. At said hearing, if the
1294	1294	1265court finds that the charges were resolved in favor of the defendant, that there are no alcohol
1295	1295	1266related charges pending in any court, and that there is no evidence before the court based on a
1296	1296	1267preponderance of the evidence that reinstatement of the license or right to operate would 62 of 69
1297	1297	1268endanger the public, there shall be a presumption that the court shall order that this particular
1298	1298	1269suspension be terminated.
1299	1299	1270 Notwithstanding the provisions of subdivision (b) above, if a person is convicted under
1300	1300	1271this subsection and has a prior operating under the influence offense, the registrar shall suspend
1301	1301	1272his license or right to operate for life.
1302	1302	1273 Upon a disposition under this section the court shall assess a $50 fee to the person. The
1303	1303	1274court shall transmit the $50 to the state treasurer to be deposited into the Victims of Drunk
1304	1304	1275Driving Trust Fund. The assessment shall not be subject to waiver by the court for any reason. If
1305	1305	1276the court sentences the person to a correctional facility the outstanding assessment shall be noted
1306	1306	1277on the mittimus.
1307	1307	1278 Chapter 90, § 24L - Manslaughter by motor vehicle
1308	1308	1279 (1)No person shall operate a motor vehicle wantonly and recklessly on a public way
1309	1309	1280while under the influence of intoxicating liquor, drugs, or other substances and by such operation
1310	1310	1281cause the death of another person.
1311	1311	1282 A person convicted under this section shall be imprisoned in state prison for a minimum
1312	1312	1283mandatory term of 5 years but not more than 20 years and fined not more than $25,000.
1313	1313	1284 (b)Upon a conviction of this section the registrar shall suspend the license or right to
1314	1314	1285operate for 15 years to life. Any person aggrieved by the registrar’s decision may file an appeal
1315	1315	1286in the superior court. If the court determines that the registrar abused his discretion, the court
1316	1316	1287may vacate and reduce the suspension of the license or the right to operate as ordered by the
1317	1317	1288registrar. In no case shall the suspension period be less than 15 years. 63 of 69
1318	1318	1289 No appeal or motion for a new trial shall stay the suspension of the license or right to
1319	1319	1290operate, provided; however, if the charges against the person are dismissed, or the person is
1320	1320	1291found not guilty, the person may immediately file a motion before the judge that heard the case,
1321	1321	1292for the purpose of seeking restoration of the license or right to operate. At said hearing, if the
1322	1322	1293court finds that the charges were resolved in favor of the defendant, that there are no alcohol
1323	1323	1294related charges pending in any court, and that there is no evidence before the court based on a
1324	1324	1295preponderance of the evidence that reinstatement of the license or right to operate would
1325	1325	1296endanger the public, there shall be a presumption that the court shall order that this particular
1326	1326	1297suspension be terminated.
1327	1327	1298 (c)Notwithstanding the provisions of paragraph (b) above, if a person convicted under
1328	1328	1299this section has a prior operating under the influence offense, the registrar shall suspend his
1329	1329	1300license or right to operate for life.
1330	1330	1301 Chapter 90, § 24M - Alcohol education for law enforcement personnel; duties of officials
1331	1331	1302and agencies
1332	1332	1303 The officials and agencies designated in this section are hereby directed to perform the
1333	1333	1304duties in this section and any other action within their authority in order to ensure effective
1334	1334	1305enforcement of chapter 90 section 24 to 24M, inclusive.
1335	1335	1306 (1)The municipal police training committee established in section 116 of chapter 6 shall
1336	1336	1307provide training, including but not limited to, education concerning the aforesaid sections to all
1337	1337	1308law enforcement personnel throughout the commonwealth.
1338	1338	1309 (2)The chief administrative justice of the trial court department shall provide training,
1339	1339	1310including but not limited to education concerning the aforesaid sections to all appropriate court 64 of 69
1340	1340	1311personnel throughout the commonwealth, including but not limited to, judges, district attorneys
1341	1341	1312and probation officers.
1342	1342	1313 (3)The courts of the Commonwealth shall give priority to the speedy and effective
1343	1343	1314disposition of all matters under the aforesaid sections.
1344	1344	1315 (4)The executive office of public safety shall establish and implement an alcohol
1345	1345	1316sensitive selective traffic enforcement program.
1346	1346	1317 SECTION 4. Chapter 90B of the General Laws is hereby amended by adding the
1347	1347	1318following:-
1348	1348	1319 Section 8B ½ -
1349	1349	1320 (5)No person shall operate a vessel on the waters of the commonwealth wantonly and
1350	1350	1321recklessly while under the influence of intoxicating liquor, drugs, or other substances and by
1351	1351	1322such operation cause the death of another person.
1352	1352	1323 A person convicted under this section shall be imprisoned in state prison for a minimum
1353	1353	1324mandatory term of 5 years but not more than 20 years and fined not more than $25,000.
1354	1354	1325 Upon a conviction of this section the registrar shall suspend the person’s license or right
1355	1355	1326to operate for 15 years to life. Any person aggrieved by the registrar’s decision may file an
1356	1356	1327appeal in the superior court. If the court determines that the registrar abused his discretion, the
1357	1357	1328court may vacate and reduce the suspension of the license or suspension of the right to operate as
1358	1358	1329ordered by the registrar. In no case shall the suspension or suspension period be less than 15
1359	1359	1330years. 65 of 69
1360	1360	1331 No appeal or motion for a new trial shall stay the suspension of the license or right to
1361	1361	1332operate, provided; however, if the charges against the person are dismissed, or the person is
1362	1362	1333found not guilty, the person may immediately file a motion before the judge that heard the case,
1363	1363	1334for the purpose of seeking restoration of the license or right to operate. At said hearing, if the
1364	1364	1335court finds that the charges were resolved in favor of the defendant, that there are no alcohol
1365	1365	1336related charges pending in any court, and that there is no evidence before the court based on a
1366	1366	1337preponderance of the evidence that reinstatement of the license or right to operate would
1367	1367	1338endanger the public, there shall be a presumption that the court shall order that this particular
1368	1368	1339suspension be terminated.
1369	1369	1340 Notwithstanding the provisions of paragraph (b) above, if a person convicted under this
1370	1370	1341section has a prior operating under the influence offense, the registrar shall suspend his license or
1371	1371	1342right to operate for life
1372	1372	1343 SECTION 5. Section 13 ½ of chapter 265 of the General Laws is hereby repealed.
1373	1373	1344 SECTION 6. Section 28 of chapter 266 is hereby amended by inserting at the end:-
1374	1374	1345 (a)Whoever knowingly uses a motor vehicle without authority shall be punished as
1375	1375	1346follows:
1376	1376	1347 (1)First offense: The defendant shall be imprisoned in the jail or house of correction for
1377	1377	1348not less than 30 days but not more than 2 years, or fined not less than $50 but not more than $500
1378	1378	1349or both. 66 of 69
1379	1379	1350 (2)Second offense: The defendant shall be imprisoned in jail or house of correction for
1380	1380	1351not less than 30 days but not more than 2 ½ years, or state prison for not more than 5 years, or
1381	1381	1352fined not less than $1000, or both.
1382	1382	1353 (3)Third offense within 5 years: The defendant shall be imprisoned in jail or house of
1383	1383	1354correction for not less than 6 months but not more than 2 ½ years, or state prison for not less than
1384	1384	13552 ½ years but not more than 5 years, or a fine of not less than $200 but not more than $1,000, or
1385	1385	1356both.
1386	1386	1357 Upon a conviction of this subsection the registrar shall, unless the court or magistrate
1387	1387	1358recommends otherwise, suspend the license or right to operate as follows:
1388	1388	1359 (a)First offense: 1 year
1389	1389	1360 (b)Subsequent offense: 3 years
1390	1390	1361 No appeal or motion for a new trial shall stay the suspension of the license or right to
1391	1391	1362operate, provided; however, that if the prosecution against such person has terminated in his
1392	1392	1363favor, the registrar shall immediately reinstate his license or right to operate provided; however,
1393	1393	1364if the charges against the person are dismissed, or the person is found not guilty, the person may
1394	1394	1365immediately file a motion before the judge that heard the case, for the purpose of seeking
1395	1395	1366restoration of the license or right to operate. At said hearing, if the court finds that the charges
1396	1396	1367were resolved in favor of the defendant, that there are no alcohol related charges pending in any
1397	1397	1368court, and that there is no evidence before the court based on a preponderance of the evidence
1398	1398	1369that reinstatement of the license or right to operate would endanger the public, there shall be a
1399	1399	1370presumption that the court shall order that this particular suspension be terminated. 67 of 69
1400	1400	1371 (4)Upon a conviction of this section, if it appears from the records of the registrar that the
1401	1401	1372person convicted is the owner of the motor vehicle or has exclusive control of any motor vehicle
1402	1402	1373as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration
1403	1403	1374of any or all motor vehicles owned or exclusively controlled by the person.
1404	1404	1375 (5) A summons may be issued instead of a warrant for arrest upon a complaint for a
1405	1405	1376violation of this section if there is reason to believe the defendant will appear before the court.
1406	1406	1377 If a motor vehicle is used in connection with the commission of a felony, of any larceny,
1407	1407	1378or of any offense punishable under any provision of sections 22, 113 to 117, inclusive, and 120
1408	1408	1379of chapter 266, or sections 13 of 269, of which a person is convicted, the material facts relative
1409	1409	1380to such use, including the registration number of the vehicle, so far as disclosed in the
1410	1410	1381proceedings, shall be reported forthwith to the registrar by the clerk of the court in which the
1411	1411	1382underlying conviction occurs.
1412	1412	1383 SECTION 7. Section 28(a) of chapter 266 is hereby amended by inserting subsection (d)
1413	1413	1384as follows:-
1414	1414	1385 (d) Persons convicted of using a motor vehicle without authority under the provisions of
1415	1415	1386paragraph (a) of section 28 shall be liable in a civil action to the owner of such vehicle, if it is
1416	1416	1387recovered, for all towing and storage charges necessitated and all property damage caused to said
1417	1417	1388vehicle by such use without authority.
1418	1418	1389 SECTION 8. Section 24(2) (a) of chapter 90 is hereby amended by striking from lines
1419	1419	1390720, 721, 722, and 723 the following:- or upon a bet or wager or in a race, or whoever operates a
1420	1420	1391motor vehicle for the purpose of making a record and thereby violates any provision of section
1421	1421	1392seventeen or any regulation under section eighteen 68 of 69
1422	1422	1393 SECTION 9. Chapter 90 of the General Laws is hereby amended after section 17B by
1423	1423	1394adding the following:-
1424	1424	1395 Section 17B ½. No person shall operate a motor vehicle on a public way upon a bet or
1425	1425	1396wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and
1426	1426	1397thereby violates any provision of section seventeen or any regulation under section eighteen.
1427	1427	1398Whoever violates this section shall be punished by imprisonment for not less than 2 weeks but
1428	1428	1399not more than 2 years or a fine of not less than twenty dollar nor more than two hundred dollars,
1429	1429	1400or both.
1430	1430	1401 SECTION 10. Chapter 266 of the General Laws is hereby amended by adding the
1431	1431	1402following:-
1432	1432	1403 Section 29A -
1433	1433	1404 (6) No person shall remove an abandoned or stolen motor vehicle on a public way as
1434	1434	1405defined in section 1 of chapter 90 without the express consent of the owner of such vehicle or
1435	1435	1406without the written permission of the police department. The owner or operator of a motor
1436	1436	1407vehicle that is designed to carry or tow another vehicle shall be licensed for that specific purpose
1437	1437	1408or as a towing service.
1438	1438	1409 The owner of any machine that is designed to crush, mutilate or destroy a motor vehicle,
1439	1439	1410whether the machine be mobile or affixed permanently, shall have that machine listed with the
1440	1440	1411registry of motor vehicles.
1441	1441	1412 If the owner or agent of a salvage or junk yard transports crushed or mutilated vehicles
1442	1442	1413without the commonwealth for purposes of resale, the operator of the transporting vehicle shall 69 of 69
1443	1443	1414carry a list of the vehicles being transported, and a copy of such list shall be forwarded to said
1444	1444	1415registrar.
1445	1445	1416 (c) Any person convicted under this section shall be imprisoned for not less than 2 years,
1446	1446	1417a fine of not less than $1,000, or both.
1447	1447	1418 (d) Any person convicted under this section shall forfeit, to the registrar, any license
1448	1448	1419issued which is related to such violation.