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Massachusetts House Bill H1709

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1709 Compare Versions

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22 HOUSE DOCKET, NO. 3539 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1709
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Colleen M. Garry
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 known as "Drug Test Consent Bill" aka "Christina's Law".
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/17/2025 1 of 11
1616 HOUSE DOCKET, NO. 3539 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1709
1818 By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1709) of Colleen
1919 M. Garry relative to the penalty for operating a motor vehicle under the influence of alcohol or
2020 drugs. The Judiciary.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 1508 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act known as "Drug Test Consent Bill" aka "Christina's Law".
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 24 of chapter 90 of the General Laws, as appearing in the 2014
3232 2Official Edition, is hereby amended by striking out in lines 1 to 11, inclusive, the words
3333 3“Whoever, upon any way or in any place to which the public has a right of access, or upon any
3434 4way or in any place to which members of the public have access as invitees or licensees, operates
3535 5a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths
3636 6or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs,
3737 7depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the
3838 8vapors of glue shall be punished by a fine of not less than five hundred nor more than five
3939 9thousand dollars or by imprisonment for not more than two and one-half years, or both such fine
4040 10and imprisonment.” and inserting in place thereof the following words:- 2 of 11
4141 11 Whoever, upon any way or in any place to which the public has a right of access, or upon
4242 12any way or in any place to which members of the public have access as invitees or licensees,
4343 13operates a motor vehicle with a percentage, by weight, of alcohol in their blood of 8/100ths or
4444 14greater, or while under the influence of any drug , shall be punished by a fine of not less than
4545 15$500 nor more than $5,000 or by imprisonment for not more than 2 and 1/2 years, or both such
4646 16fine and imprisonment. For the purposes of this paragraph, “drug” shall mean a substance which
4747 17when taken into the human body can impair the ability of the person to operate a motor vehicle
4848 18safely
4949 19 SECTION 2. Said section 24 of said chapter 90, as so appearing, is hereby further
5050 20amended by striking out paragraphs e to g, inclusive, and inserting in place thereof the following
5151 213 subsections:-
5252 22 (e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by
5353 23weight, of alcohol in the defendant’s blood at the time of the alleged offense, or evidence of the
5454 24presence of a substance which when taken into the human body can impair the ability of the
5555 25person to operate a motor vehicle safely, as shown by chemical test or analysis of the defendant’s
5656 26blood or as indicated by a chemical test or analysis of the defendant’s breath, shall be admissible
5757 27and deemed relevant to the determination of the question of whether the defendant was at such
5858 28time under the influence of intoxicating liquor, or a substance which when taken into the human
5959 29body can impair the ability of the person to operate a motor vehicle safely; provided, however,
6060 30that if such test or analysis was made by or at the direction of a police officer, it was made with
6161 31the consent of the defendant, the results thereof were made available to the defendent upon the
6262 32defendant’s request and the defendant was afforded a reasonable opportunity, at the defendant’s
6363 33request and expense, to have another such test or analysis made by a person or physician 3 of 11
6464 34selected by the defendant; and provided further, that blood shall not be withdrawn from any party
6565 35for the purpose of such test or analysis except by a physician, registered nurse or certified
6666 36medical technician. Evidence that the defendant failed or refused to consent to such test or
6767 37analysis shall not be admissible against the defendant in a civil or criminal proceeding, but shall
6868 38be admissible in any action taken by the registrar pursuant to paragraph (f) or in any proceedings
6969 39provided for in section 24N. In the case of a test for the presence of alcohol, if such evidence is
7070 40that such percentage was 5/100ths or less, there shall be a permissible inference that such
7171 41defendant was not under the influence of intoxicating liquor, and the defendant shall be released
7272 42from custody forthwith, but the officer who placed the defendant under arrest shall not be liable
7373 43for false arrest if such police officer had reasonable grounds to believe that the person arrested
7474 44had been operating a motor vehicle upon any such way or place while under the influence of
7575 45intoxicating liquor; provided however, that in an instance where a defendant is under the age of
7676 4621years and such evidence is that the percentage, by weight, of alcohol in the defendant’s blood
7777 47is 2/100ths greater, the officer who placed the defendant under arrest shall, in accordance with
7878 48subparagraph (2) of paragraph (f), suspend such defendant’s license or permit and take all other
7979 49actions directed therein, if such evidence is that such percentage was more than 5/100ths but less
8080 50than 8/100ths there shall be no permissible inference. A certificate signed and sworn to, by a
8181 51chemist of the department of the state police or by a chemist of a laboratory certified by the
8282 52department of public health, which contains the results of an analysis made by such chemist of
8383 53the percentage of alcohol in such blood or of the presence of a substance which when taken into
8484 54the human body can impair the ability of the person to operate a motor vehicle safely, shall be
8585 55prima facie evidence of the percentage of alcohol in such blood, or of the presence of a 4 of 11
8686 56substance which when taken into the human body can impair the ability of the person to operate
8787 57a motor vehicle safely.
8888 58 (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the
8989 59public has right to access, or upon any way or in any place to which the public has access as
9090 60invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis
9191 61of the person’s breath, urine or blood in the event that the person is arrested for operating a
9292 62motor vehicle while under the influence of intoxicating liquor, or of a substance which when
9393 63taken into the human body can impair the ability of the person to operate a motor vehicle safely;
9494 64provided, however, that no such person shall be deemed to have consented to a blood test unless
9595 65such person has been brought for treatment to a medical facility licensed pursuant to section 51
9696 66of chapter 111; and provided, further, that no person who is affected with hemophilia, or any
9797 67other condition requiring the use of anticoagulants , shall be deemed to have consented to a
9898 68withdrawal of blood. Such test shall be administered at the direction of a police officer, as
9999 69defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested
100100 70has been operating a motor vehicle upon such way or place while under the influence of
101101 71intoxicating liquor, or of a substance which when taken into the human body can impair the
102102 72ability of the person to operate a vehicle safely. If the person arrested refuses to submit to a
103103 73chemical or physical test required by the police officer, after having been informed that the
104104 74person’s license or permit to operate motor vehicles or right to operate motor vehicles in the
105105 75commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for
106106 76each refusal, no such test or analysis shall be made, except by order of the court, and the person
107107 77shall have the person’s license or right to operate suspended in accordance with this paragraph
108108 78for a period of 180 days; provided, that each suspension for a refusal pursuant to this section 5 of 11
109109 79shall run consecutively; provided, further, that any person who is under the age of 21 years or
110110 80who has been previously convicted of a violation pursuant to this section, subsection (a) of
111111 81section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of 8/100ths
112112 82or greater, or while under the influence of intoxicating liquor, or of a substance which when
113113 83taken into the human body impairs the ability of the person to operate a motor vehicle safely, in
114114 84violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of
115115 85chapter 90B, section 8A or 8B of said chapter 90B, or section 13 ½ of chapter 265 or a like
116116 86violation by a court of any other jurisdiction shall have the person’s license or right to operate
117117 87suspended forthwith for a period of 3 years for each refusal; provided, further, that any person
118118 88previously convicted of 2 such violations shall have the person’s license or right to operate
119119 89suspended forthwith for a period of 5 years for each refusal; and provided, further, that a person
120120 90previously convicted of 3 or more such violations shall have the person’s license or right to
121121 91operate suspended forthwith for life based upon each refusal. If a person refuses to submit to any
122122 92such test or analysis after having been convicted of a violation of said section 24L, the registrar
123123 93shall suspend his/her license or right to operate for 10 years for each refusal. If a person refuses
124124 94to submit to any such test or analysis after having been convicted of a violation of subsection (a)
125125 95of said section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of
126126 968/100ths or greater, or while under the influence of intoxicating liquor in violation of said
127127 97subsection (b) of said section 24G, or section 13 ½ of chapter 265, the registrar shall revoke the
128128 98person’s license or right to operate for life for each refusal. If a person refuses to take any test
129129 99pursuant to this paragraph, the police shall:
130130 100 i. immediately, on behalf of the registrar, take custody of such person’s license or
131131 101right to operate issued by the commonwealth. 6 of 11
132132 102 ii.provide to each person who refuses a test, on behalf of the registrar, a written
133133 103notification of suspension in a format approved by the registrar; and
134134 104 iii.impound the vehicle being driven by the operator and arrange for the vehicle to be
135135 105impounded for a period of 12 hours after the operator’s refusal, with the costs for the towing,
136136 106storage and maintenance of the vehicle to be borne by the operator.
137137 107 The police officer before whom any such refusal was made shall, within 24 hours,
138138 108prepare a report of each refusal. Each report shall be made in a format approved by the registrar
139139 109and shall be made under the penalties of perjury by the police officer before whom such refusal
140140 110was made. Each report shall set forth the grounds for the officer’s belief that the person arrested
141141 111had been operating a motor vehicle on a way or place while under the influence of intoxicating
142142 112liquor, or a substance which when taken into the human body can impair the ability of the person
143143 113to operate a motor vehicle safely, and shall state that such a person had refused to submit to a
144144 114chemical test or analysis when requested by the officer to do so, such refusal having been
145145 115witnessed by another person other than the defendant. Each report shall identify the police
146146 116officer who requested the chemical test or analysis and the other person witnessing the refusal.
147147 117Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to
148148 118suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A
149149 119license or right to operate which has been confiscated pursuant to this subparagraph shall be
150150 120forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts
151151 121set forth therein at any administrative hearing regarding the suspension specified in this section.
152152 122 The suspension of a license or right to operate shall become effective immediately upon
153153 123receipt of the notification of suspension from the police officer. A suspension for a refusal of 7 of 11
154154 124either a chemical test or analysis of breath, urine or blood shall run consecutively and not
155155 125concurrently, both as to any additional suspension periods arising from the same incident, and as
156156 126to each other.
157157 127 No license or right to operate shall be restored under any circumstances and no restricted
158158 128or hardship permits shall be issued during the suspension period imposed by this paragraph;
159159 129provided, however, that the defendant may immediately upon the entry of a not guilty finding or
160160 130dismissal of all charges under this section, said section 24G, said section 24L, or said section13
161161 131½ of said chapter 265, and in the absence of any other alcohol or drug related charges pending
162162 132against said defendant, apply for and be immediately granted a hearing before the court which
163163 133took final action on the charges for the purpose of requesting the restoration of said license. At
164164 134said hearing, there shall be a rebuttable presumption that said license be restored, unless the
165165 135commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said
166166 136license would likely endanger the public safety. In all such instances, the court shall issue
167167 137written findings of fact with its decision.
168168 138 (2) If a person’s blood alcohol percentage is not less than 8/100ths, or the person is under
169169 139the age of 21 years and the person’s blood alcohol percentage is not less than 2/100ths, or if a
170170 140person is under the influence of a substance which when taken into the human body can impair
171171 141the ability of the person to operate a motor vehicle safely, such police officer shall do the
172172 142following:
173173 143 i. immediately and on behalf of the registrar take custody of such person’s drivers’
174174 144license or permit issued by the commonwealth: 8 of 11
175175 145 ii.provide to each person who refuses the test, on behalf of the registrar, a written
176176 146notification of suspension, in a format approved by the registrar; and
177177 147 iii.immediately report action taken under this paragraph to the registrar. Each report
178178 148shall be made in a format approved by the registrar and shall be made under the penalties of
179179 149perjury by the police officer. Each report shall set forth the grounds for the officer’s belief that
180180 150the person arrested has been operating a motor vehicle on any way or place while under the
181181 151influence of intoxicating liquor, or of a substance which when taken into the human body can
182182 152impair the ability of the person to operate a motor vehicle safely, and that the person’s blood
183183 153alcohol percentage was not less than 8/100ths or that the person was under the influence of a
184184 154substance which when taken into the human body can impair the ability of the person to operate
185185 155a motor vehicle safely, or that the person was under the age of 21 years at the time of the arrest
186186 156and whose blood alcohol percentage was not less than 2/100ths. The report shall indicate that the
187187 157person was administered a test or analysis, that the operator administering the test or analysis
188188 158was trained and certified in the administration of the test or analysis, that the test or tests were
189189 159performed in accordance with the regulations and standards promulgated by the secretary of
190190 160public safety and security, that the equipment used for the test was regularly serviced and
191191 161maintained and that the person administering the test had every reason to believe the equipment
192192 162was functioning properly at the time the test was administered. Each report shall be sent
193193 163forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including
194194 164electronic or otherwise, that the registrar deems appropriate. A license or right to operate
195195 165confiscated under this clause shall be forwarded to the registrar forthwith.
196196 166 The license suspension shall become effective immediately upon receipt by the offender
197197 167of the notice of intent to suspend from a police officer. The license to operate a motor vehicle 9 of 11
198198 168shall remain suspended until the disposition of the offense for which the person is being
199199 169prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days.
200200 170 In any instance where a defendant is under the age of 21 years and such evidence is that
201201 171the percentage, by weight, of alcohol in the defendant’s blood is 2/100ths or greater, and upon
202202 172the failure of any police officer pursuant to this subparagraph to suspend or take custody of the
203203 173driver’s license or permit issued by the commonwealth, and, in the absence of a complaint
204204 174alleging a violation of paragraph (a) of subdivision (1) or a violation of said sections 24G or 24L,
205205 175the registrar shall administratively suspend the defendant’s license or right to operate a motor
206206 176vehicle upon receipt of a report from the police officer who administered such chemical test or
207207 177analysis of the defendant’s blood pursuant to subparagraph (1). Each such report shall be made
208208 178on a form approved by the registrar and shall be sworn to under the penalties of perjury by such
209209 179police officer. Each such report shall set forth the grounds for the officer’s belief that the person
210210 180arrested had been operating a motor vehicle on a way or place while under the influence of
211211 181intoxicating liquor and that such person was under the age of 21 years at the time of the arrest
212212 182and whose blood alcohol percentage was 2/100ths or greater. Such report shall also state that the
213213 183person was administered such a test or analysis, that the operator administering the test or
214214 184analysis was trained and certified in the administration of such test, that the test was performed
215215 185in accordance with the regulations and standards promulgated by the secretary of public safety
216216 186and security, that the equipment used for such test was regularly serviced and maintained, and
217217 187the person administering the test had every reason to believe that the equipment was functioning
218218 188properly at the time the test was administered. Each such report shall be endorsed by the police
219219 189chief as defined in said section 1 of said chapter 90C, or by the person authorized by him, and
220220 190shall be sent to the registrar along with the confiscated license or permit not later than 10 days 10 of 11
221221 191from the date that such chemical test or analysis of the defendant’s blood was administered. The
222222 192license to operate a motor vehicle shall thereupon be suspended in accordance with section 24P.
223223 193 (g) Any person whose license, permit or right to operate has been suspended under
224224 194subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing
225225 195before the registrar which shall be limited to the following issues: (i) did the police officer have
226226 196reasonable grounds to believe that such person had been operating a motor vehicle while under
227227 197the influence of intoxicating liquor, or of a substance which when taken into the human body can
228228 198impair the ability of the person to operate a motor vehicle safely, upon any way or in any place to
229229 199which members of the public have a right of access or upon any way to which members of the
230230 200public have a right of access as invitees or licensees, (ii) was such person placed under arrest,
231231 201and (iii) did such person refuse to submit to such test or analysis. If, after such hearing, the
232232 202registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate
233233 203such license, permit or right to operate. The registrar shall create and preserve a record at said
234234 204hearing for judicial review. Within thirty days of the issuance of the final determination by the
235235 205registrar following a hearing under this paragraph, a person aggrieved by the determination shall
236236 206have the right to file a petition in the district court for the judicial district in which the offense
237237 207occurred for judicial review. The filing of a petition for judicial review shall not stay the
238238 208revocation or suspension. The filing of a petition for judicial review shall be had as soon as
239239 209possible following the submission of said request, but not later than thirty days following the
240240 210submission thereof. Review by the court shall be on the record established at the hearing before
241241 211the registrar. If the court finds that the department exceeded its constitutional or statutory
242242 212authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious 11 of 11
243243 213manner, or made a determination which is unsupported by the evidence in the record, the court
244244 214may reverse the registrar’s determination.
245245 215 Any person whose license or right to operate has been suspended pursuant to
246246 216subparagraph (2) of paragraph (f) on the basis of chemical analysis of the person’s breath, urine
247247 217or blood may within 10 days of such suspension request a hearing and upon such request shall be
248248 218entitled to a hearing before the court in which the underlying charges are pending or if the
249249 219individual is under the age of 21years and there are no pending charges, in the district court
250250 220having jurisdiction where the arrest occurred, which hearing shall be limited to the following
251251 221issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of
252252 222time after such chemical analysis of the person’s breath, shows that the percentage by weight, of
253253 223alcohol in such person’s blood was less than 8/100ths or, relative to such person under the age
254254 224of 21 years was less than 2/100ths, if the court finds that such a blood test shows that such
255255 225percentage was less than 8/100ths or, relative to such person under the age of 21years, that such
256256 226percentage was less than 2/100ths, the court shall restore such person’s license, permit or right to
257257 227operate and shall direct the prosecuting officer to forthwith notify the criminal history systems
258258 228board and the registrar of such restoration.