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2 | 2 | | HOUSE DOCKET, NO. 888 FILED ON: 1/17/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1720 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Edward R. Philips |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to offenses while driving on a non-administrative license suspension. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/11/2023 1 of 6 |
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16 | 16 | | HOUSE DOCKET, NO. 888 FILED ON: 1/17/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1720 |
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18 | 18 | | By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1720) of |
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19 | 19 | | Edward R. Philips relative to penalties for driving on a non-administrative license suspension. |
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20 | 20 | | The Judiciary. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 3570 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to offenses while driving on a non-administrative license suspension. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 23 of Chapter 90 of the Massachusetts General Laws, as appearing |
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32 | 32 | | 2in the 2014 Official Edition, is hereby amended by inserting after the fourth paragraph the |
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33 | 33 | | 3following 3 paragraphs:- |
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34 | 34 | | 4 Any person convicted of operating a motor vehicle in violation of section 10 of chapter |
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35 | 35 | | 590 who on the date of operation was not eligible for issuance or renewal of a license to operate; |
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36 | 36 | | 6or of operating a motor vehicle after his license to operate has been suspended or revoked, or |
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37 | 37 | | 7after notice of the suspension or revocation of his right to operate a motor vehicle without a |
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38 | 38 | | 8license has been issued by the registrar and received by such person or by his agent or employer, |
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39 | 39 | | 9and prior to the restoration of such license or right to operate or to the issuance to him of a new |
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40 | 40 | | 10license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or 2 of 6 |
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41 | 41 | | 11safety of the public might be endangered, and by such operation causes injury to another person |
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42 | 42 | | 12shall be punished by imprisonment in a house of correction for not more than 2 ½ years and a |
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43 | 43 | | 13fine of not more than $1,000. Prosecutions commenced under this paragraph shall only apply to a |
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44 | 44 | | 14person operating a motor vehicle in violation of section 10 of chapter 90 who on the date of |
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45 | 45 | | 15operation was not eligible for issuance or renewal of a license to operate, or to a person whose |
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46 | 46 | | 16license or right to operate has been suspended or revoked due to a conviction or continuance |
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47 | 47 | | 17without a finding under this or any other chapter, or due to offenses which are required by any |
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48 | 48 | | 18provision of law to be reported to the registrar and for which the registrar is authorized or |
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49 | 49 | | 19required to suspend or revoke the person’s license or right to operate motor vehicles for a period |
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50 | 50 | | 20of 30 days or more. If the person has been previously convicted of a violation of sections 10 or |
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51 | 51 | | 2123 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because |
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52 | 52 | | 22of a like violation preceding the date of the commission of the offense for which he has been |
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53 | 53 | | 23convicted, the person shall be punished by imprisonment in a house of correction for not less |
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54 | 54 | | 24than 6 months and not more than 2 ½ years and a fine of not more than $1,000. Section 87 of |
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55 | 55 | | 25chapter 276 shall not apply to any person charged with a violation of this paragraph. |
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56 | 56 | | 26Prosecutions commenced under this paragraph shall not be placed on file or continued without a |
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57 | 57 | | 27Finding. The registrar shall revoke the license or right to operate of a person convicted of a |
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58 | 58 | | 28violation of this paragraph for a period of sixty days to one year after the date of conviction. No |
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59 | 59 | | 29appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license or |
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60 | 60 | | 30of the right to operate; provided, however, such license shall be restored or such right to operate |
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61 | 61 | | 31shall be reinstated if the prosecution of such person ultimately terminates in favor of the |
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62 | 62 | | 32defendant. 3 of 6 |
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63 | 63 | | 33 Any person convicted of operating a motor vehicle in violation of section 10 of chapter |
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64 | 64 | | 3490 who on the date of operation was not eligible for issuance or renewal of a license to operate; |
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65 | 65 | | 35or of operating a motor vehicle after his license to operate has been suspended or revoked, or |
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66 | 66 | | 36after notice of the suspension or revocation of his right to operate a motor vehicle without a |
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67 | 67 | | 37license has been issued by the registrar and received by such person or by his agent or employer, |
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68 | 68 | | 38and prior to the restoration of such license or right to operate or to the issuance to him of a new |
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69 | 69 | | 39license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or |
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70 | 70 | | 40safety of the public might be endangered, and by such operation causes serious bodily injury to |
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71 | 71 | | 41another person shall be punished by imprisonment in a house of correction for not more than 2 ½ |
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72 | 72 | | 42years or imprisonment in the state prison for not more than 5 years and a fine of not more than |
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73 | 73 | | 43$3,000. Prosecutions commenced under this paragraph shall only apply to a person operating a |
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74 | 74 | | 44motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not |
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75 | 75 | | 45eligible for issuance or renewal of a license to operate, or to a person whose license or right to |
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76 | 76 | | 46operate has been suspended or revoked due to a conviction or continuance without a finding |
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77 | 77 | | 47under this or any other chapter, or due to offenses which are required by any provision of law to |
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78 | 78 | | 48be reported to the registrar and for which the registrar is authorized or required to suspend or |
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79 | 79 | | 49revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. If |
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80 | 80 | | 50the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a |
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81 | 81 | | 51court of the commonwealth or by a court of any other jurisdiction because of a like violation |
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82 | 82 | | 52preceding the date of the commission of the offense for which he has been convicted, the person |
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83 | 83 | | 53shall be punished by imprisonment in a house of correction for a mandatory period of not less |
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84 | 84 | | 54than 1 year and not more than 2 ½ years, or state prison for not less than 1 year but no more than |
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85 | 85 | | 5510 years with said sentence to be served consecutively to and not concurrent with any other 4 of 6 |
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86 | 86 | | 56sentence or penalty and a fine of not more than $3,000. Such sentence shall not be suspended, |
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87 | 87 | | 57nor shall any such person be eligible for probation, parole, or furlough or receive any deduction |
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88 | 88 | | 58from his sentence for good conduct until he shall have served said 1 year of such sentence; |
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89 | 89 | | 59provided, however, that the commissioner of correction may, on the recommendation of the |
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90 | 90 | | 60warden, superintendent or other person in charge of a correctional institution, or of the |
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91 | 91 | | 61administrator of a county correctional institution, grant to an offender committed under this |
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92 | 92 | | 62paragraph a temporary release in the custody of an officer of such institution only to obtain |
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93 | 93 | | 63emergency medical or psychiatric services unavailable at said institution or to engage in |
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94 | 94 | | 64employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to |
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95 | 95 | | 65any person charged with a violation of this paragraph. Prosecutions commenced under this |
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96 | 96 | | 66paragraph shall not be placed on file or continued without a finding. The registrar shall revoke |
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97 | 97 | | 67the license or right to operate of a person convicted of a violation of this paragraph for a period |
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98 | 98 | | 68of two years after the date of conviction. No appeal, motion for a new trial or exceptions shall |
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99 | 99 | | 69operate to stay the revocation of the license or of the right to operate; provided, however, such |
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100 | 100 | | 70license shall be restored or such right to operate shall be reinstated if the prosecution of such |
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101 | 101 | | 71person ultimately terminates in favor of the defendant. |
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102 | 102 | | 72 Any person convicted of operating a motor vehicle in violation of section 10 of chapter |
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103 | 103 | | 7390 who on the date of operation was not eligible for issuance or renewal of a license to operate; |
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104 | 104 | | 74or of operating a motor vehicle after his license to operate has been suspended or revoked, or |
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105 | 105 | | 75after notice of the suspension or revocation of his right to operate a motor vehicle without a |
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106 | 106 | | 76license has been issued by the registrar and received by such person or by his agent or employer, |
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107 | 107 | | 77and prior to the restoration of such license or right to operate or to the issuance to him of a new |
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108 | 108 | | 78license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or 5 of 6 |
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109 | 109 | | 79safety of the public might be endangered, and by such operation causes the death of another shall |
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110 | 110 | | 80be punished by imprisonment in a house of correction for a mandatory period of not less than 2 |
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111 | 111 | | 81years and not more than 2 ½ years, or state prison for not less than 2 years but no more than 10 |
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112 | 112 | | 82years with said sentence to be served consecutively to and not concurrent with any other |
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113 | 113 | | 83sentence or penalty and a fine of not more than $5,000. Such sentence shall not be suspended, |
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114 | 114 | | 84nor shall any such person be eligible for probation, parole, or furlough or receive any deduction |
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115 | 115 | | 85from his sentence for good conduct until he shall have served said 2 years of such sentence; |
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116 | 116 | | 86provided, however, that the commissioner of correction may, on the recommendation of the |
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117 | 117 | | 87warden, superintendent or other person in charge of a correctional institution, or of the |
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118 | 118 | | 88administrator of a county correctional institution, grant to an offender committed under this |
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119 | 119 | | 89paragraph a temporary release in the custody of an officer of such institution only to obtain |
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120 | 120 | | 90emergency medical or psychiatric services unavailable at said institution or to engage in |
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121 | 121 | | 91employment pursuant to a work release program. Prosecutions commenced under this paragraph |
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122 | 122 | | 92shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90 |
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123 | 123 | | 93who on the date of operation was not eligible for issuance or renewal of a license to operate, or to |
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124 | 124 | | 94a person whose license or right to operate has been suspended or revoked due to a conviction or |
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125 | 125 | | 95continuance without a finding under this or any other chapter, or due to offenses which are |
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126 | 126 | | 96required by any provision of law to be reported to the registrar and for which the registrar is |
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127 | 127 | | 97authorized or required to suspend or revoke the person’s license or right to operate motor |
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128 | 128 | | 98vehicles for a period of 30 days or more. If the person has been previously convicted of a |
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129 | 129 | | 99violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any |
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130 | 130 | | 100other jurisdiction because of a like violation preceding the date of the commission of the offense |
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131 | 131 | | 101for which he has been convicted, the person shall be punished by imprisonment in the state 6 of 6 |
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132 | 132 | | 102prison for not less than 5 years but no more than 15 years with said sentence to be served |
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133 | 133 | | 103consecutively to and not concurrent with any other sentence or penalty and a fine of not more |
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134 | 134 | | 104than $5,000. Such sentence shall not be suspended, nor shall any such person be eligible for |
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135 | 135 | | 105probation, parole, or furlough or receive any deduction from his sentence for good conduct until |
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136 | 136 | | 106he shall have served said 5 years of such sentence; provided, however, that the commissioner of |
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137 | 137 | | 107correction may, on the recommendation of the warden, superintendent or other person in charge |
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138 | 138 | | 108of a correctional institution, or of the administrator of a county correctional institution, grant to |
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139 | 139 | | 109an offender committed under this paragraph a temporary release in the custody of an officer of |
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140 | 140 | | 110such institution only to obtain emergency medical or psychiatric services unavailable at said |
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141 | 141 | | 111institution or to engage in employment pursuant to a work release program. Section 87 of chapter |
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142 | 142 | | 112276 shall not apply to any person charged with a violation of this paragraph. Prosecutions |
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143 | 143 | | 113commenced under this paragraph shall not be placed on file or continued without a finding. The |
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144 | 144 | | 114registrar shall revoke the license or right to operate of a person convicted of a violation of this |
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145 | 145 | | 115paragraph for a period of fifteen years to life after the date of conviction. No appeal, motion for |
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146 | 146 | | 116a new trial or exceptions shall operate to stay the revocation of the license or of the right to |
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147 | 147 | | 117operate; provided, however, such license shall be restored or such right to operate shall be |
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148 | 148 | | 118reinstated if the prosecution of such person ultimately terminates in favor of the defendant. |
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149 | 149 | | 119 SECTION 2. Said section 23 of said chapter 90, as so appearing, is hereby amended by |
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150 | 150 | | 120striking out the words “first or second”, in line 148, and inserting in place thereof the following |
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151 | 151 | | 121words:- first, second, fifth, sixth or seventh. |
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152 | 152 | | 122 SECTION 3. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby |
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153 | 153 | | 123amended by inserting, in line 12, after the word “90B” the following words:- , sixth or seventh |
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154 | 154 | | 124paragraph of section 23 of chapter 90. |
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