Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1720 Compare Versions

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

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