HOUSE . . . . . . . . No. 4599
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, May 9, 2024.
The committee on The Judiciary, to whom was referred the petition
(accompanied by bill, House, No. 1720) of Edward R. Philips relative to
penalties for driving on a non-administrative license suspension, reports
recommending that the accompanying bill (House, No. 4599) ought to
pass.
For the committee,
MICHAEL S. DAY. 1 of 6
FILED ON: 4/30/2024
HOUSE . . . . . . . . . . . . . . . No. 4599
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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 2022 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 who on the
5date of operation was not eligible for issuance or renewal of a license to operate; or of operating
6a motor vehicle after his license to operate has been suspended or revoked, or after notice of the
7suspension or revocation of his right to operate a motor vehicle without a license has been issued
8by the registrar and received by such person or by his agent or employer, and prior to the
9restoration of such license or right to operate or to the issuance to him of a new license to
10operate, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the
11public might be endangered, and by such operation causes injury to another person not resulting
12in the death of any person shall be punished by imprisonment in a house of correction for not
13more than 2 ½ years or a fine of not more than $1,000 or both such imprisonment and fine.
14Prosecutions commenced under this paragraph shall only apply to a person operating a motor 2 of 6
15vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for
16issuance or renewal of a license to operate, or to a person whose license or right to operate has
17been suspended or revoked due to a conviction or continuance without a finding under this or
18any other chapter, or due to offenses which are required by any provision of law to be reported to
19the registrar and for which the registrar is authorized or required to suspend or revoke the
20person’s license or right to operate motor vehicles for a period of 30 days or more. If the person
21has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the
22commonwealth or by a court of any other jurisdiction because of a like violation preceding the
23date of the commission of the offense for which they have been convicted, the person shall be
24punished by imprisonment in a house of correction for not more than 2 ½ years or a fine of not
25more than $1,000 or both such imprisonment and fine. Section 87 of chapter 276 shall not apply
26to any person charged with a violation of this paragraph. Prosecutions commenced under this
27paragraph shall not be placed on file or continued without a Finding. The registrar shall revoke
28the license or right to operate of a person convicted of a violation of this paragraph for a period
29of 60 days to 1 year after the date of conviction. No appeal, motion for a new trial or exceptions
30shall operate to stay the revocation of the license or of the right to operate; provided, however,
31such license shall be restored or such right to operate shall be reinstated if the prosecution of
32such person ultimately terminates in favor of the defendant.
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 their agent or 3 of 6
38employer, and prior to the restoration of such license or right to operate or to the issuance to him
39of a new license to operate, and so operates a motor vehicle recklessly or negligently so that the
40lives or safety of the public might be endangered, and by such operation causes serious bodily
41injury to another person shall be punished by imprisonment in a house of correction for not more
42than 2 ½ years or imprisonment in the state prison for not more than 5 years or a fine of not more
43than $3,000 or both such imprisonment and fine. Prosecutions commenced under this paragraph
44shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90
45who on the date of operation was not eligible for issuance or renewal of a license to operate, or to
46a person whose license or right to operate has been suspended or revoked due to a conviction or
47continuance without a finding under this or any other chapter, or due to offenses which are
48required by any provision of law to be reported to the registrar and for which the registrar is
49authorized or required to suspend or revoke the person’s license or right to operate motor
50vehicles for a period of 30 days or more. If the person has been previously convicted of a
51violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any
52other jurisdiction because of a like violation preceding the date of the commission of the offense
53for which he has been convicted, the person shall be punished by imprisonment in a house of
54correction for not more than 2 ½ years, or state prison for not more than 10 years or a fine of not
55more than $3,000 or such imprisonment and fine. Such sentence shall not be suspended, nor shall
56any such person be eligible for probation, parole, or furlough or receive any deduction from his
57sentence for good conduct until he shall have served said 1 year of such sentence; provided,
58however, that the commissioner of correction may, on the recommendation of the warden,
59superintendent or other person in charge of a correctional institution, or of the administrator of a
60county correctional institution, grant to an offender committed under this paragraph a temporary 4 of 6
61release in the custody of an officer of such institution only to obtain emergency medical or
62psychiatric services unavailable at said institution or to engage in employment pursuant to a
63work release program. Section 87 of chapter 276 shall not apply to any person charged with a
64violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on
65file or continued without a finding. The registrar shall revoke the license or right to operate of a
66person convicted of a violation of this paragraph for a period of two years after the date of
67conviction. No appeal, motion for a new trial or exceptions shall operate to stay the revocation
68of the license or of the right to operate; provided, however, such license shall be restored or such
69right to operate shall be reinstated if the prosecution of such person ultimately terminates in
70favor of the defendant.
71 Any person convicted of operating a motor vehicle in violation of section 10 of chapter
7290 who on the date of operation was not eligible for issuance or renewal of a license to operate;
73or of operating a motor vehicle after his license to operate has been suspended or revoked, or
74after notice of the suspension or revocation of his right to operate a motor vehicle without a
75license has been issued by the registrar and received by such person or by his agent or employer,
76and prior to the restoration of such license or right to operate or to the issuance to them of a new
77license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or
78safety of the public might be endangered, and by such operation causes the death of another shall
79be punished by imprisonment in a house of correction for not more than 2 ½ years, or state
80prison for not more than 10 years or a fine of not more than $5,000 or both such imprisonment
81and fine. Prosecutions commenced under this paragraph shall only apply to a person operating a
82motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not
83eligible for issuance or renewal of a license to operate, or to a person whose license or right to 5 of 6
84operate has been suspended or revoked due to a conviction or continuance without a finding
85under this or any other chapter, or due to offenses which are required by any provision of law to
86be reported to the registrar and for which the registrar is authorized or required to suspend or
87revoke the person’s license or right to operate motor vehicles for a period of 30 days or more.
88Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole,
89or furlough or receive any deduction from his sentence for good conduct until he shall have
90served said 2 years of such sentence; provided, however, that the commissioner of correction
91may, on the recommendation of the warden, superintendent or other person in charge of a
92correctional institution, or of the administrator of a county correctional institution, grant to an
93offender committed under this paragraph a temporary release in the custody of an officer of such
94institution only to obtain emergency medical or psychiatric services unavailable at said
95institution or to engage in employment pursuant to a work release program. Prosecutions
96commenced under this paragraph shall only apply to a person operating a motor vehicle in
97violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or
98renewal of a license to operate, or to a person whose license or right to operate has been
99suspended or revoked due to a conviction or continuance without a finding under this or any
100other chapter, or due to offenses which are required by any provision of law to be reported to the
101registrar and for which the registrar is authorized or required to suspend or revoke the person’s
102license or right to operate motor vehicles for a period of 30 days or more. If the person has been
103previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the
104commonwealth or by a court of any other jurisdiction because of a like violation preceding the
105date of the commission of the offense for which he has been convicted, the person shall be
106punished by imprisonment in the state prison for not less than 5 years but no more than 15 years 6 of 6
107or a fine of not more than $5,000 or both such imprisonment and fine. Such sentence shall not be
108suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any
109deduction from his sentence for good conduct until he shall have served said 5 years of such
110sentence; provided, however, that the commissioner of correction may, on the recommendation
111of the warden, superintendent or other person in charge of a correctional institution, or of the
112administrator of a county correctional institution, grant to an offender committed under this
113paragraph a temporary release in the custody of an officer of such institution only to obtain
114emergency medical or psychiatric services unavailable at said institution or to engage in
115employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to
116any person charged with a violation of this paragraph. Prosecutions commenced under this
117paragraph shall not be placed on file or continued without a finding. The registrar shall revoke
118the license or right to operate of a person convicted of a violation of this paragraph for a period
119of fifteen years to life after the date of conviction. No appeal, motion for a new trial or
120exceptions shall operate to stay the revocation of the license or of the right to operate; provided,
121however, such license shall be restored or such right to operate shall be reinstated if the
122prosecution of such person ultimately terminates in favor of the defendant.
123 SECTION 2. Said section 23 of said chapter 90, as so appearing, is hereby further
124amended by striking out the words “first or second”, in line 148, and inserting in place thereof
125the following words:- first, second, fifth, sixth or seventh.
126 SECTION 3. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby
127amended by inserting, in line 12, after the word “90B” the following words:- , sixth or seventh
128paragraph of section 23 of chapter 90.