Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1720 Compare Versions

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22 HOUSE DOCKET, NO. 888 FILED ON: 1/17/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1720
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Edward R. Philips
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to offenses while driving on a non-administrative license suspension.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/11/2023 1 of 6
1616 HOUSE DOCKET, NO. 888 FILED ON: 1/17/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1720
1818 By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1720) of
1919 Edward R. Philips relative to penalties for driving on a non-administrative license suspension.
2020 The Judiciary.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 3570 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act relative to offenses while driving on a non-administrative license suspension.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 23 of Chapter 90 of the Massachusetts General Laws, as appearing
3232 2in the 2014 Official Edition, is hereby amended by inserting after the fourth paragraph the
3333 3following 3 paragraphs:-
3434 4 Any person convicted of operating a motor vehicle in violation of section 10 of chapter
3535 590 who on the date of operation was not eligible for issuance or renewal of a license to operate;
3636 6or of operating a motor vehicle after his license to operate has been suspended or revoked, or
3737 7after notice of the suspension or revocation of his right to operate a motor vehicle without a
3838 8license has been issued by the registrar and received by such person or by his agent or employer,
3939 9and prior to the restoration of such license or right to operate or to the issuance to him of a new
4040 10license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or 2 of 6
4141 11safety of the public might be endangered, and by such operation causes injury to another person
4242 12shall be punished by imprisonment in a house of correction for not more than 2 ½ years and a
4343 13fine of not more than $1,000. Prosecutions commenced under this paragraph shall only apply to a
4444 14person operating a motor vehicle in violation of section 10 of chapter 90 who on the date of
4545 15operation was not eligible for issuance or renewal of a license to operate, or to a person whose
4646 16license or right to operate has been suspended or revoked due to a conviction or continuance
4747 17without a finding under this or any other chapter, or due to offenses which are required by any
4848 18provision of law to be reported to the registrar and for which the registrar is authorized or
4949 19required to suspend or revoke the person’s license or right to operate motor vehicles for a period
5050 20of 30 days or more. If the person has been previously convicted of a violation of sections 10 or
5151 2123 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because
5252 22of a like violation preceding the date of the commission of the offense for which he has been
5353 23convicted, the person shall be punished by imprisonment in a house of correction for not less
5454 24than 6 months and not more than 2 ½ years and a fine of not more than $1,000. Section 87 of
5555 25chapter 276 shall not apply to any person charged with a violation of this paragraph.
5656 26Prosecutions commenced under this paragraph shall not be placed on file or continued without a
5757 27Finding. The registrar shall revoke the license or right to operate of a person convicted of a
5858 28violation of this paragraph for a period of sixty days to one year after the date of conviction. No
5959 29appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license or
6060 30of the right to operate; provided, however, such license shall be restored or such right to operate
6161 31shall be reinstated if the prosecution of such person ultimately terminates in favor of the
6262 32defendant. 3 of 6
6363 33 Any person convicted of operating a motor vehicle in violation of section 10 of chapter
6464 3490 who on the date of operation was not eligible for issuance or renewal of a license to operate;
6565 35or of operating a motor vehicle after his license to operate has been suspended or revoked, or
6666 36after notice of the suspension or revocation of his right to operate a motor vehicle without a
6767 37license has been issued by the registrar and received by such person or by his agent or employer,
6868 38and prior to the restoration of such license or right to operate or to the issuance to him of a new
6969 39license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or
7070 40safety of the public might be endangered, and by such operation causes serious bodily injury to
7171 41another person shall be punished by imprisonment in a house of correction for not more than 2 ½
7272 42years or imprisonment in the state prison for not more than 5 years and a fine of not more than
7373 43$3,000. Prosecutions commenced under this paragraph shall only apply to a person operating a
7474 44motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not
7575 45eligible for issuance or renewal of a license to operate, or to a person whose license or right to
7676 46operate has been suspended or revoked due to a conviction or continuance without a finding
7777 47under this or any other chapter, or due to offenses which are required by any provision of law to
7878 48be reported to the registrar and for which the registrar is authorized or required to suspend or
7979 49revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. If
8080 50the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a
8181 51court of the commonwealth or by a court of any other jurisdiction because of a like violation
8282 52preceding the date of the commission of the offense for which he has been convicted, the person
8383 53shall be punished by imprisonment in a house of correction for a mandatory period of not less
8484 54than 1 year and not more than 2 ½ years, or state prison for not less than 1 year but no more than
8585 5510 years with said sentence to be served consecutively to and not concurrent with any other 4 of 6
8686 56sentence or penalty and a fine of not more than $3,000. Such sentence shall not be suspended,
8787 57nor shall any such person be eligible for probation, parole, or furlough or receive any deduction
8888 58from his sentence for good conduct until he shall have served said 1 year of such sentence;
8989 59provided, however, that the commissioner of correction may, on the recommendation of the
9090 60warden, superintendent or other person in charge of a correctional institution, or of the
9191 61administrator of a county correctional institution, grant to an offender committed under this
9292 62paragraph a temporary release in the custody of an officer of such institution only to obtain
9393 63emergency medical or psychiatric services unavailable at said institution or to engage in
9494 64employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to
9595 65any person charged with a violation of this paragraph. Prosecutions commenced under this
9696 66paragraph shall not be placed on file or continued without a finding. The registrar shall revoke
9797 67the license or right to operate of a person convicted of a violation of this paragraph for a period
9898 68of two years after the date of conviction. No appeal, motion for a new trial or exceptions shall
9999 69operate to stay the revocation of the license or of the right to operate; provided, however, such
100100 70license shall be restored or such right to operate shall be reinstated if the prosecution of such
101101 71person ultimately terminates in favor of the defendant.
102102 72 Any person convicted of operating a motor vehicle in violation of section 10 of chapter
103103 7390 who on the date of operation was not eligible for issuance or renewal of a license to operate;
104104 74or of operating a motor vehicle after his license to operate has been suspended or revoked, or
105105 75after notice of the suspension or revocation of his right to operate a motor vehicle without a
106106 76license has been issued by the registrar and received by such person or by his agent or employer,
107107 77and prior to the restoration of such license or right to operate or to the issuance to him of a new
108108 78license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or 5 of 6
109109 79safety of the public might be endangered, and by such operation causes the death of another shall
110110 80be punished by imprisonment in a house of correction for a mandatory period of not less than 2
111111 81years and not more than 2 ½ years, or state prison for not less than 2 years but no more than 10
112112 82years with said sentence to be served consecutively to and not concurrent with any other
113113 83sentence or penalty and a fine of not more than $5,000. Such sentence shall not be suspended,
114114 84nor shall any such person be eligible for probation, parole, or furlough or receive any deduction
115115 85from his sentence for good conduct until he shall have served said 2 years of such sentence;
116116 86provided, however, that the commissioner of correction may, on the recommendation of the
117117 87warden, superintendent or other person in charge of a correctional institution, or of the
118118 88administrator of a county correctional institution, grant to an offender committed under this
119119 89paragraph a temporary release in the custody of an officer of such institution only to obtain
120120 90emergency medical or psychiatric services unavailable at said institution or to engage in
121121 91employment pursuant to a work release program. Prosecutions commenced under this paragraph
122122 92shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90
123123 93who on the date of operation was not eligible for issuance or renewal of a license to operate, or to
124124 94a person whose license or right to operate has been suspended or revoked due to a conviction or
125125 95continuance without a finding under this or any other chapter, or due to offenses which are
126126 96required by any provision of law to be reported to the registrar and for which the registrar is
127127 97authorized or required to suspend or revoke the person’s license or right to operate motor
128128 98vehicles for a period of 30 days or more. If the person has been previously convicted of a
129129 99violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any
130130 100other jurisdiction because of a like violation preceding the date of the commission of the offense
131131 101for which he has been convicted, the person shall be punished by imprisonment in the state 6 of 6
132132 102prison for not less than 5 years but no more than 15 years with said sentence to be served
133133 103consecutively to and not concurrent with any other sentence or penalty and a fine of not more
134134 104than $5,000. Such sentence shall not be suspended, nor shall any such person be eligible for
135135 105probation, parole, or furlough or receive any deduction from his sentence for good conduct until
136136 106he shall have served said 5 years of such sentence; provided, however, that the commissioner of
137137 107correction may, on the recommendation of the warden, superintendent or other person in charge
138138 108of a correctional institution, or of the administrator of a county correctional institution, grant to
139139 109an offender committed under this paragraph a temporary release in the custody of an officer of
140140 110such institution only to obtain emergency medical or psychiatric services unavailable at said
141141 111institution or to engage in employment pursuant to a work release program. Section 87 of chapter
142142 112276 shall not apply to any person charged with a violation of this paragraph. Prosecutions
143143 113commenced under this paragraph shall not be placed on file or continued without a finding. The
144144 114registrar shall revoke the license or right to operate of a person convicted of a violation of this
145145 115paragraph for a period of fifteen years to life after the date of conviction. No appeal, motion for
146146 116a new trial or exceptions shall operate to stay the revocation of the license or of the right to
147147 117operate; provided, however, such license shall be restored or such right to operate shall be
148148 118reinstated if the prosecution of such person ultimately terminates in favor of the defendant.
149149 119 SECTION 2. Said section 23 of said chapter 90, as so appearing, is hereby amended by
150150 120striking out the words “first or second”, in line 148, and inserting in place thereof the following
151151 121words:- first, second, fifth, sixth or seventh.
152152 122 SECTION 3. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby
153153 123amended by inserting, in line 12, after the word “90B” the following words:- , sixth or seventh
154154 124paragraph of section 23 of chapter 90.