Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1936 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. 2624 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1936
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 Norfolk1/16/2025 1 of 7
16	16	HOUSE DOCKET, NO. 2624 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1936
18	18	By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1936) of
19	19	Edward R. Philips relative to offenses while driving on a non-administrative license suspension.
20	20	The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 4599 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
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 2022 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 who on the
35	35	5date of operation was not eligible for issuance or renewal of a license to operate; or of operating
36	36	6a motor vehicle after his license to operate has been suspended or revoked, or after notice of the
37	37	7suspension or revocation of his right to operate a motor vehicle without a license has been issued
38	38	8by the registrar and received by such person or by his agent or employer, and prior to the
39	39	9restoration of such license or right to operate or to the issuance to him of a new license to
40	40	10operate, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the 2 of 7
41	41	11public might be endangered, and by such operation causes injury to another person not resulting
42	42	12in the death of any person shall be punished by imprisonment in a house of correction for not
43	43	13more than 2 ½ years or a fine of not more than $1,000 or both such imprisonment and fine.
44	44	14Prosecutions commenced under this paragraph shall only apply to a person operating a motor
45	45	15vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for
46	46	16issuance or renewal of a license to operate, or to a person whose license or right to operate has
47	47	17been suspended or revoked due to a conviction or continuance without a finding under this or
48	48	18any other chapter, or due to offenses which are required by any provision of law to be reported to
49	49	19the registrar and for which the registrar is authorized or required to suspend or revoke the
50	50	20person’s license or right to operate motor vehicles for a period of 30 days or more. If the person
51	51	21has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the
52	52	22commonwealth or by a court of any other jurisdiction because of a like violation preceding the
53	53	23date of the commission of the offense for which they have been convicted, the person shall be
54	54	24punished by imprisonment in a house of correction for not more than 2 ½ years or a fine of not
55	55	25more than $1,000 or both such imprisonment and fine. Section 87 of chapter 276 shall not apply
56	56	26to any person charged with a violation of this paragraph. Prosecutions commenced under this
57	57	27paragraph shall not be placed on file or continued without a Finding. The registrar shall revoke
58	58	28the license or right to operate of a person convicted of a violation of this paragraph for a period
59	59	29of 60 days to 1 year after the date of conviction. No appeal, motion for a new trial or exceptions
60	60	30shall operate to stay the revocation of the license or of the right to operate; provided, however,
61	61	31such license shall be restored or such right to operate shall be reinstated if the prosecution of
62	62	32such person ultimately terminates in favor of the defendant. 3 of 7
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 their agent or
68	68	38employer, and prior to the restoration of such license or right to operate or to the issuance to him
69	69	39of a new license to operate, and so operates a motor vehicle recklessly or negligently so that the
70	70	40lives or safety of the public might be endangered, and by such operation causes serious bodily
71	71	41injury to another person shall be punished by imprisonment in a house of correction for not more
72	72	42than 2 ½ years or imprisonment in the state prison for not more than 5 years or a fine of not more
73	73	43than $3,000 or both such imprisonment and fine. Prosecutions commenced under this paragraph
74	74	44shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90
75	75	45who on the date of operation was not eligible for issuance or renewal of a license to operate, or to
76	76	46a person whose license or right to operate has been suspended or revoked due to a conviction or
77	77	47continuance without a finding under this or any other chapter, or due to offenses which are
78	78	48required by any provision of law to be reported to the registrar and for which the registrar is
79	79	49authorized or required to suspend or revoke the person’s license or right to operate motor
80	80	50vehicles for a period of 30 days or more. If the person has been previously convicted of a
81	81	51violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any
82	82	52other jurisdiction because of a like violation preceding the date of the commission of the offense
83	83	53for which he has been convicted, the person shall be punished by imprisonment in a house of
84	84	54correction for not more than 2 ½ years, or state prison for not more than 10 years or a fine of not
85	85	55more than $3,000 or such imprisonment and fine. Such sentence shall not be suspended, nor shall 4 of 7
86	86	56any such person be eligible for probation, parole, or furlough or receive any deduction from his
87	87	57sentence for good conduct until he shall have served said 1 year of such sentence; provided,
88	88	58however, that the commissioner of correction may, on the recommendation of the warden,
89	89	59superintendent or other person in charge of a correctional institution, or of the administrator of a
90	90	60county correctional institution, grant to an offender committed under this paragraph a temporary
91	91	61release in the custody of an officer of such institution only to obtain emergency medical or
92	92	62psychiatric services unavailable at said institution or to engage in employment pursuant to a
93	93	63work release program. Section 87 of chapter 276 shall not apply to any person charged with a
94	94	64violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on
95	95	65file or continued without a finding. The registrar shall revoke the license or right to operate of a
96	96	66person convicted of a violation of this paragraph for a period of two years after the date of
97	97	67conviction. No appeal, motion for a new trial or exceptions shall operate to stay the revocation
98	98	68of the license or of the right to operate; provided, however, such license shall be restored or such
99	99	69right to operate shall be reinstated if the prosecution of such person ultimately terminates in
100	100	70favor of the defendant.
101	101	71 Any person convicted of operating a motor vehicle in violation of section 10 of chapter
102	102	7290 who on the date of operation was not eligible for issuance or renewal of a license to operate;
103	103	73or of operating a motor vehicle after his license to operate has been suspended or revoked, or
104	104	74after notice of the suspension or revocation of his right to operate a motor vehicle without a
105	105	75license has been issued by the registrar and received by such person or by his agent or employer,
106	106	76and prior to the restoration of such license or right to operate or to the issuance to them of a new
107	107	77license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or
108	108	78safety of the public might be endangered, and by such operation causes the death of another shall 5 of 7
109	109	79be punished by imprisonment in a house of correction for not more than 2 ½ years, or state
110	110	80prison for not more than 10 years or a fine of not more than $5,000 or both such imprisonment
111	111	81and fine. Prosecutions commenced under this paragraph shall only apply to a person operating a
112	112	82motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not
113	113	83eligible for issuance or renewal of a license to operate, or to a person whose license or right to
114	114	84operate has been suspended or revoked due to a conviction or continuance without a finding
115	115	85under this or any other chapter, or due to offenses which are required by any provision of law to
116	116	86be reported to the registrar and for which the registrar is authorized or required to suspend or
117	117	87revoke the person’s license or right to operate motor vehicles for a period of 30 days or more.
118	118	88Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole,
119	119	89or furlough or receive any deduction from his sentence for good conduct until he shall have
120	120	90served said 2 years of such sentence; provided, however, that the commissioner of correction
121	121	91may, on the recommendation of the warden, superintendent or other person in charge of a
122	122	92correctional institution, or of the administrator of a county correctional institution, grant to an
123	123	93offender committed under this paragraph a temporary release in the custody of an officer of such
124	124	94institution only to obtain emergency medical or psychiatric services unavailable at said
125	125	95institution or to engage in employment pursuant to a work release program. Prosecutions
126	126	96commenced under this paragraph shall only apply to a person operating a motor vehicle in
127	127	97violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or
128	128	98renewal of a license to operate, or to a person whose license or right to operate has been
129	129	99suspended or revoked due to a conviction or continuance without a finding under this or any
130	130	100other chapter, or due to offenses which are required by any provision of law to be reported to the
131	131	101registrar and for which the registrar is authorized or required to suspend or revoke the person’s 6 of 7
132	132	102license or right to operate motor vehicles for a period of 30 days or more. If the person has been
133	133	103previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the
134	134	104commonwealth or by a court of any other jurisdiction because of a like violation preceding the
135	135	105date of the commission of the offense for which he has been convicted, the person shall be
136	136	106punished by imprisonment in the state prison for not less than 5 years but no more than 15 years
137	137	107or a fine of not more than $5,000 or both such imprisonment and fine. Such sentence shall not be
138	138	108suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any
139	139	109deduction from his sentence for good conduct until he shall have served said 5 years of such
140	140	110sentence; provided, however, that the commissioner of correction may, on the recommendation
141	141	111of the warden, superintendent or other person in charge of a correctional institution, or of the
142	142	112administrator of a county correctional institution, grant to an offender committed under this
143	143	113paragraph a temporary release in the custody of an officer of such institution only to obtain
144	144	114emergency medical or psychiatric services unavailable at said institution or to engage in
145	145	115employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to
146	146	116any person charged with a violation of this paragraph. Prosecutions commenced under this
147	147	117paragraph shall not be placed on file or continued without a finding. The registrar shall revoke
148	148	118the license or right to operate of a person convicted of a violation of this paragraph for a period
149	149	119of fifteen years to life after the date of conviction. No appeal, motion for a new trial or
150	150	120exceptions shall operate to stay the revocation of the license or of the right to operate; provided,
151	151	121however, such license shall be restored or such right to operate shall be reinstated if the
152	152	122prosecution of such person ultimately terminates in favor of the defendant. 7 of 7
153	153	123 SECTION 2. Said section 23 of said chapter 90, as so appearing, is hereby further
154	154	124amended by striking out the words “first or second”, in line 148, and inserting in place thereof
155	155	125the following words:- first, second, fifth, sixth or seventh.
156	156	126 SECTION 3. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby
157	157	127amended by inserting, in line 12, after the word “90B” the following words:- , sixth or seventh
158	158	128paragraph of section 23 of chapter 90.