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