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2 | 2 | | HOUSE DOCKET, NO. 3929 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3816 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Steven George Xiarhos and Jessica Ann Giannino |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to the "Move Over Law". |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Steven George Xiarhos5th Barnstable1/17/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 3929 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3816 |
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18 | 18 | | By Representatives Xiarhos of Barnstable and Giannino of Revere, a petition (accompanied by |
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19 | 19 | | bill, House, No. 3816) of Steven George Xiarhos relative to the move over law, so-called. |
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20 | 20 | | Transportation. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 3479 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to the "Move Over Law". |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 2 of chapter 90 of the General Laws is hereby amended by inserting |
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32 | 32 | | 2after line 663, as appearing in the 2020 Official Edition, the following paragraph:- |
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33 | 33 | | 3 The registrar shall furnish without charge to the owner of a private passenger motor |
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34 | 34 | | 4vehicle who is a parent, sibling, child, or spouse of a police officer of a police department of any |
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35 | 35 | | 5city or town, the department of state police, the Massachusetts bay transportation authority police |
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36 | 36 | | 6department, or police officer of a Massachusetts public higher education campus, who has been |
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37 | 37 | | 7killed in the line of duty, upon presentation of satisfactory evidence to the registrar, a distinctive |
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38 | 38 | | 8registration plate that reads "Blue Star Family" for 1 private passenger motor vehicle owned and |
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39 | 39 | | 9principally used by that person or a distinctive "Blue Star Family" emblem to be affixed to a |
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40 | 40 | | 10registration plate for a motorcycle privately owned and principally used by that person. The 2 of 4 |
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41 | 41 | | 11registrar may issue a distinctive "Blue Star Family" registration of up to 6 characters for 1 private |
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42 | 42 | | 12passenger motor vehicle owned and principally used by that person. A police officer shall be |
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43 | 43 | | 13determined to have been killed in the line of duty for purposes of this paragraph if the |
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44 | 44 | | 14circumstance meets those which would make them eligible to be placed on the National Law |
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45 | 45 | | 15Enforcement Memorial in Washington D.C. |
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46 | 46 | | 16 SECTION 2. Section 7C of chapter 89 of the General Laws, as appearing in the 2020 |
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47 | 47 | | 17Official Edition, is hereby amended by striking out subsection 2(c) in its entirety and inserting in |
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48 | 48 | | 18place thereof:- |
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49 | 49 | | 19 (c) Violation of this section may be punished by a fine of $250 for a first offense, by a |
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50 | 50 | | 20fine of $500 for a second offense, and by a fine of $1,000 for a third or subsequent offense; |
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51 | 51 | | 21provided that any violation that results in injury to another person may be punished by a fine of |
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52 | 52 | | 22$2,500 or up to one year in jail or house of correction. |
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53 | 53 | | 23 And further, by adding the following sections:- |
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54 | 54 | | 24 (d) In addition to any fines pursuant to subsection (c), an operator who commits a second |
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55 | 55 | | 25or third offense shall be required to complete a program selected by the registrar of motor |
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56 | 56 | | 26vehicles that encourages a change in driver behavior and attitude about the "Move Over Law". |
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57 | 57 | | 27 (e) A first or second offense under this section shall not be a surchargeable incident under |
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58 | 58 | | 28section 113B of chapter 175 or under motor vehicle liability policy as defined in section 34A that |
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59 | 59 | | 29is issued pursuant to said chapter 175; provided, however, that a third or subsequent offense shall |
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60 | 60 | | 30be a surchargeable incident under said section 113B of said chapter 175 or under a motor vehicle |
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61 | 61 | | 31liability policy as defined in said section 34A that is issued pursuant to said chapter 175. 3 of 4 |
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62 | 62 | | 32 (f) Notwithstanding any general or special law to the contrary, upon receipt of the |
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63 | 63 | | 33payment of fines issued under this section, the state comptroller shall immediately cause not less |
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64 | 64 | | 34than 50% of the total to be transferred to registry of motor vehicles to be held as retained |
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65 | 65 | | 35revenue, provided said revenue shall be used to defray the 100 per cent of the annual cost |
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66 | 66 | | 36associated with section 1 of this act, and further, the remaining balance shall be transferred to the |
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67 | 67 | | 37state treasurer to supplement costs associated with section 3 of this act. |
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68 | 68 | | 38 SECTION 3. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, |
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69 | 69 | | 39is hereby amended by inserting after section 35PPP the following section:- |
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70 | 70 | | 40 Section 35QQQ. There shall be established and set up on the books of the |
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71 | 71 | | 41Commonwealth a separate fund to be known as the Massachusetts Law Enforcement Memorial |
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72 | 72 | | 42Fund to be used without appropriation by a department of public safety for the purpose of |
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73 | 73 | | 43making annual payments to the Massachusetts Law Enforcement Memorial to memorialize and |
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74 | 74 | | 44honor Massachusetts law enforcement personnel killed in the line of duty. There shall be credited |
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75 | 75 | | 45to the fund revenues received by the Commonwealth from the sale of registration plates under |
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76 | 76 | | 46section 2G of chapter 90. |
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77 | 77 | | 47 SECTION 4. Section 18¾ of chapter 6A of the General Laws, as appearing in the 2008 |
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78 | 78 | | 48Official Edition, is hereby amended by adding the following clause:- |
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79 | 79 | | 49 (10) to develop and implement a statewide blue alert system to be activated when law |
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80 | 80 | | 50enforcement officials are searching for an individual who is wanted in the serious injury or |
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81 | 81 | | 51killing of a police officer, state trooper, or other law enforcement official. |
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82 | 82 | | 52 SECTION 5. Chapter 6A of the General Laws, as appearing in the 2008 Official Edition, |
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83 | 83 | | 53is hereby amended by inserting after section 19A the following section:- 4 of 4 |
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84 | 84 | | 54 Section 19B. The executive office of public safety shall coordinate the implementation of |
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85 | 85 | | 55a statewide blue alert system, pursuant to section 21 of chapter 22. |
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86 | 86 | | 56 SECTION 6. Chapter 22 of The General Laws are hereby amended by adding the |
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87 | 87 | | 57following section:- |
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88 | 88 | | 58 Section 21. THE STATEWIDE BLUE ALERT SYSTEM |
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89 | 89 | | 59 Section 1. The following terms as used in this chapter shall, unless the context clearly |
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90 | 90 | | 60appears otherwise, have the following meanings: |
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91 | 91 | | 61 “Executive office”, the executive office of public safety. |
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92 | 92 | | 62 "Law enforcement agency", a law enforcement agency with jurisdiction over the |
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93 | 93 | | 63investigation of a crime resulting in the serious injury or death of a police officer, state trooper, |
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94 | 94 | | 64or other law enforcement official. |
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