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HOUSE DOCKET, NO. 3539 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1709
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Colleen M. Garry
_________________
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 known as "Drug Test Consent Bill" aka "Christina's Law".
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/17/2025 1 of 11
HOUSE DOCKET, NO. 3539 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1709
By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1709) of Colleen
M. Garry relative to the penalty for operating a motor vehicle under the influence of alcohol or
drugs. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1508 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act known as "Drug Test Consent Bill" aka "Christina's Law".
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 24 of chapter 90 of the General Laws, as appearing in the 2014
2Official Edition, is hereby amended by striking out in lines 1 to 11, inclusive, the words
3“Whoever, upon any way or in any place to which the public has a right of access, or upon any
4way or in any place to which members of the public have access as invitees or licensees, operates
5a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths
6or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs,
7depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the
8vapors of glue shall be punished by a fine of not less than five hundred nor more than five
9thousand dollars or by imprisonment for not more than two and one-half years, or both such fine
10and imprisonment.” and inserting in place thereof the following words:- 2 of 11
11 Whoever, upon any way or in any place to which the public has a right of access, or upon
12any way or in any place to which members of the public have access as invitees or licensees,
13operates a motor vehicle with a percentage, by weight, of alcohol in their blood of 8/100ths or
14greater, or while under the influence of any drug , shall be punished by a fine of not less than
15$500 nor more than $5,000 or by imprisonment for not more than 2 and 1/2 years, or both such
16fine and imprisonment. For the purposes of this paragraph, “drug” shall mean a substance which
17when taken into the human body can impair the ability of the person to operate a motor vehicle
18safely
19 SECTION 2. Said section 24 of said chapter 90, as so appearing, is hereby further
20amended by striking out paragraphs e to g, inclusive, and inserting in place thereof the following
213 subsections:-
22 (e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by
23weight, of alcohol in the defendant’s blood at the time of the alleged offense, or evidence of the
24presence of a substance which when taken into the human body can impair the ability of the
25person to operate a motor vehicle safely, as shown by chemical test or analysis of the defendant’s
26blood or as indicated by a chemical test or analysis of the defendant’s breath, shall be admissible
27and deemed relevant to the determination of the question of whether the defendant was at such
28time under the influence of intoxicating liquor, or a substance which when taken into the human
29body can impair the ability of the person to operate a motor vehicle safely; provided, however,
30that if such test or analysis was made by or at the direction of a police officer, it was made with
31the consent of the defendant, the results thereof were made available to the defendent upon the
32defendant’s request and the defendant was afforded a reasonable opportunity, at the defendant’s
33request and expense, to have another such test or analysis made by a person or physician 3 of 11
34selected by the defendant; and provided further, that blood shall not be withdrawn from any party
35for the purpose of such test or analysis except by a physician, registered nurse or certified
36medical technician. Evidence that the defendant failed or refused to consent to such test or
37analysis shall not be admissible against the defendant in a civil or criminal proceeding, but shall
38be admissible in any action taken by the registrar pursuant to paragraph (f) or in any proceedings
39provided for in section 24N. In the case of a test for the presence of alcohol, if such evidence is
40that such percentage was 5/100ths or less, there shall be a permissible inference that such
41defendant was not under the influence of intoxicating liquor, and the defendant shall be released
42from custody forthwith, but the officer who placed the defendant under arrest shall not be liable
43for false arrest if such police officer had reasonable grounds to believe that the person arrested
44had been operating a motor vehicle upon any such way or place while under the influence of
45intoxicating liquor; provided however, that in an instance where a defendant is under the age of
4621years and such evidence is that the percentage, by weight, of alcohol in the defendant’s blood
47is 2/100ths greater, the officer who placed the defendant under arrest shall, in accordance with
48subparagraph (2) of paragraph (f), suspend such defendant’s license or permit and take all other
49actions directed therein, if such evidence is that such percentage was more than 5/100ths but less
50than 8/100ths there shall be no permissible inference. A certificate signed and sworn to, by a
51chemist of the department of the state police or by a chemist of a laboratory certified by the
52department of public health, which contains the results of an analysis made by such chemist of
53the percentage of alcohol in such blood or of the presence of a substance which when taken into
54the human body can impair the ability of the person to operate a motor vehicle safely, shall be
55prima facie evidence of the percentage of alcohol in such blood, or of the presence of a 4 of 11
56substance which when taken into the human body can impair the ability of the person to operate
57a motor vehicle safely.
58 (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the
59public has right to access, or upon any way or in any place to which the public has access as
60invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis
61of the person’s breath, urine or blood in the event that the person is arrested for operating a
62motor vehicle while under the influence of intoxicating liquor, or of a substance which when
63taken into the human body can impair the ability of the person to operate a motor vehicle safely;
64provided, however, that no such person shall be deemed to have consented to a blood test unless
65such person has been brought for treatment to a medical facility licensed pursuant to section 51
66of chapter 111; and provided, further, that no person who is affected with hemophilia, or any
67other condition requiring the use of anticoagulants , shall be deemed to have consented to a
68withdrawal of blood. Such test shall be administered at the direction of a police officer, as
69defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested
70has been operating a motor vehicle upon such way or place while under the influence of
71intoxicating liquor, or of a substance which when taken into the human body can impair the
72ability of the person to operate a vehicle safely. If the person arrested refuses to submit to a
73chemical or physical test required by the police officer, after having been informed that the
74person’s license or permit to operate motor vehicles or right to operate motor vehicles in the
75commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for
76each refusal, no such test or analysis shall be made, except by order of the court, and the person
77shall have the person’s license or right to operate suspended in accordance with this paragraph
78for a period of 180 days; provided, that each suspension for a refusal pursuant to this section 5 of 11
79shall run consecutively; provided, further, that any person who is under the age of 21 years or
80who has been previously convicted of a violation pursuant to this section, subsection (a) of
81section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of 8/100ths
82or greater, or while under the influence of intoxicating liquor, or of a substance which when
83taken into the human body impairs the ability of the person to operate a motor vehicle safely, in
84violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of
85chapter 90B, section 8A or 8B of said chapter 90B, or section 13 ½ of chapter 265 or a like
86violation by a court of any other jurisdiction shall have the person’s license or right to operate
87suspended forthwith for a period of 3 years for each refusal; provided, further, that any person
88previously convicted of 2 such violations shall have the person’s license or right to operate
89suspended forthwith for a period of 5 years for each refusal; and provided, further, that a person
90previously convicted of 3 or more such violations shall have the person’s license or right to
91operate suspended forthwith for life based upon each refusal. If a person refuses to submit to any
92such test or analysis after having been convicted of a violation of said section 24L, the registrar
93shall suspend his/her license or right to operate for 10 years for each refusal. If a person refuses
94to submit to any such test or analysis after having been convicted of a violation of subsection (a)
95of said section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of
968/100ths or greater, or while under the influence of intoxicating liquor in violation of said
97subsection (b) of said section 24G, or section 13 ½ of chapter 265, the registrar shall revoke the
98person’s license or right to operate for life for each refusal. If a person refuses to take any test
99pursuant to this paragraph, the police shall:
100 i. immediately, on behalf of the registrar, take custody of such person’s license or
101right to operate issued by the commonwealth. 6 of 11
102 ii.provide to each person who refuses a test, on behalf of the registrar, a written
103notification of suspension in a format approved by the registrar; and
104 iii.impound the vehicle being driven by the operator and arrange for the vehicle to be
105impounded for a period of 12 hours after the operator’s refusal, with the costs for the towing,
106storage and maintenance of the vehicle to be borne by the operator.
107 The police officer before whom any such refusal was made shall, within 24 hours,
108prepare a report of each refusal. Each report shall be made in a format approved by the registrar
109and shall be made under the penalties of perjury by the police officer before whom such refusal
110was made. Each report shall set forth the grounds for the officer’s belief that the person arrested
111had been operating a motor vehicle on a way or place while under the influence of intoxicating
112liquor, or a substance which when taken into the human body can impair the ability of the person
113to operate a motor vehicle safely, and shall state that such a person had refused to submit to a
114chemical test or analysis when requested by the officer to do so, such refusal having been
115witnessed by another person other than the defendant. Each report shall identify the police
116officer who requested the chemical test or analysis and the other person witnessing the refusal.
117Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to
118suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A
119license or right to operate which has been confiscated pursuant to this subparagraph shall be
120forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts
121set forth therein at any administrative hearing regarding the suspension specified in this section.
122 The suspension of a license or right to operate shall become effective immediately upon
123receipt of the notification of suspension from the police officer. A suspension for a refusal of 7 of 11
124either a chemical test or analysis of breath, urine or blood shall run consecutively and not
125concurrently, both as to any additional suspension periods arising from the same incident, and as
126to each other.
127 No license or right to operate shall be restored under any circumstances and no restricted
128or hardship permits shall be issued during the suspension period imposed by this paragraph;
129provided, however, that the defendant may immediately upon the entry of a not guilty finding or
130dismissal of all charges under this section, said section 24G, said section 24L, or said section13
131½ of said chapter 265, and in the absence of any other alcohol or drug related charges pending
132against said defendant, apply for and be immediately granted a hearing before the court which
133took final action on the charges for the purpose of requesting the restoration of said license. At
134said hearing, there shall be a rebuttable presumption that said license be restored, unless the
135commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said
136license would likely endanger the public safety. In all such instances, the court shall issue
137written findings of fact with its decision.
138 (2) If a person’s blood alcohol percentage is not less than 8/100ths, or the person is under
139the age of 21 years and the person’s blood alcohol percentage is not less than 2/100ths, or if a
140person is under the influence of a substance which when taken into the human body can impair
141the ability of the person to operate a motor vehicle safely, such police officer shall do the
142following:
143 i. immediately and on behalf of the registrar take custody of such person’s drivers’
144license or permit issued by the commonwealth: 8 of 11
145 ii.provide to each person who refuses the test, on behalf of the registrar, a written
146notification of suspension, in a format approved by the registrar; and
147 iii.immediately report action taken under this paragraph to the registrar. Each report
148shall be made in a format approved by the registrar and shall be made under the penalties of
149perjury by the police officer. Each report shall set forth the grounds for the officer’s belief that
150the person arrested has been operating a motor vehicle on any way or place while under the
151influence of intoxicating liquor, or of a substance which when taken into the human body can
152impair the ability of the person to operate a motor vehicle safely, and that the person’s blood
153alcohol percentage was not less than 8/100ths or that the person was under the influence of a
154substance which when taken into the human body can impair the ability of the person to operate
155a motor vehicle safely, or that the person was under the age of 21 years at the time of the arrest
156and whose blood alcohol percentage was not less than 2/100ths. The report shall indicate that the
157person was administered a test or analysis, that the operator administering the test or analysis
158was trained and certified in the administration of the test or analysis, that the test or tests were
159performed in accordance with the regulations and standards promulgated by the secretary of
160public safety and security, that the equipment used for the test was regularly serviced and
161maintained and that the person administering the test had every reason to believe the equipment
162was functioning properly at the time the test was administered. Each report shall be sent
163forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including
164electronic or otherwise, that the registrar deems appropriate. A license or right to operate
165confiscated under this clause shall be forwarded to the registrar forthwith.
166 The license suspension shall become effective immediately upon receipt by the offender
167of the notice of intent to suspend from a police officer. The license to operate a motor vehicle 9 of 11
168shall remain suspended until the disposition of the offense for which the person is being
169prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days.
170 In any instance where a defendant is under the age of 21 years and such evidence is that
171the percentage, by weight, of alcohol in the defendant’s blood is 2/100ths or greater, and upon
172the failure of any police officer pursuant to this subparagraph to suspend or take custody of the
173driver’s license or permit issued by the commonwealth, and, in the absence of a complaint
174alleging a violation of paragraph (a) of subdivision (1) or a violation of said sections 24G or 24L,
175the registrar shall administratively suspend the defendant’s license or right to operate a motor
176vehicle upon receipt of a report from the police officer who administered such chemical test or
177analysis of the defendant’s blood pursuant to subparagraph (1). Each such report shall be made
178on a form approved by the registrar and shall be sworn to under the penalties of perjury by such
179police officer. Each such report shall set forth the grounds for the officer’s belief that the person
180arrested had been operating a motor vehicle on a way or place while under the influence of
181intoxicating liquor and that such person was under the age of 21 years at the time of the arrest
182and whose blood alcohol percentage was 2/100ths or greater. Such report shall also state that the
183person was administered such a test or analysis, that the operator administering the test or
184analysis was trained and certified in the administration of such test, that the test was performed
185in accordance with the regulations and standards promulgated by the secretary of public safety
186and security, that the equipment used for such test was regularly serviced and maintained, and
187the person administering the test had every reason to believe that the equipment was functioning
188properly at the time the test was administered. Each such report shall be endorsed by the police
189chief as defined in said section 1 of said chapter 90C, or by the person authorized by him, and
190shall be sent to the registrar along with the confiscated license or permit not later than 10 days 10 of 11
191from the date that such chemical test or analysis of the defendant’s blood was administered. The
192license to operate a motor vehicle shall thereupon be suspended in accordance with section 24P.
193 (g) Any person whose license, permit or right to operate has been suspended under
194subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing
195before the registrar which shall be limited to the following issues: (i) did the police officer have
196reasonable grounds to believe that such person had been operating a motor vehicle while under
197the influence of intoxicating liquor, or of a substance which when taken into the human body can
198impair the ability of the person to operate a motor vehicle safely, upon any way or in any place to
199which members of the public have a right of access or upon any way to which members of the
200public have a right of access as invitees or licensees, (ii) was such person placed under arrest,
201and (iii) did such person refuse to submit to such test or analysis. If, after such hearing, the
202registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate
203such license, permit or right to operate. The registrar shall create and preserve a record at said
204hearing for judicial review. Within thirty days of the issuance of the final determination by the
205registrar following a hearing under this paragraph, a person aggrieved by the determination shall
206have the right to file a petition in the district court for the judicial district in which the offense
207occurred for judicial review. The filing of a petition for judicial review shall not stay the
208revocation or suspension. The filing of a petition for judicial review shall be had as soon as
209possible following the submission of said request, but not later than thirty days following the
210submission thereof. Review by the court shall be on the record established at the hearing before
211the registrar. If the court finds that the department exceeded its constitutional or statutory
212authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious 11 of 11
213manner, or made a determination which is unsupported by the evidence in the record, the court
214may reverse the registrar’s determination.
215 Any person whose license or right to operate has been suspended pursuant to
216subparagraph (2) of paragraph (f) on the basis of chemical analysis of the person’s breath, urine
217or blood may within 10 days of such suspension request a hearing and upon such request shall be
218entitled to a hearing before the court in which the underlying charges are pending or if the
219individual is under the age of 21years and there are no pending charges, in the district court
220having jurisdiction where the arrest occurred, which hearing shall be limited to the following
221issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of
222time after such chemical analysis of the person’s breath, shows that the percentage by weight, of
223alcohol in such person’s blood was less than 8/100ths or, relative to such person under the age
224of 21 years was less than 2/100ths, if the court finds that such a blood test shows that such
225percentage was less than 8/100ths or, relative to such person under the age of 21years, that such
226percentage was less than 2/100ths, the court shall restore such person’s license, permit or right to
227operate and shall direct the prosecuting officer to forthwith notify the criminal history systems
228board and the registrar of such restoration.