Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Section 11 of chapter 89 of the General Laws, as
appearing in
the 2002 Official Edition, is hereby amended by striking out, in line 8, the
word "five" and inserting in place thereof the following figure:- 10.
SECTION 2.
Said section 11 of said chapter 89, as so appearing, is
hereby further amended by inserting after the word "crosswalk", in line 12,
the
following words:- while a pedestrian is crossing or.
SECTION 3.
Said section 11 of said chapter 89, as amended by
section 86 of chapter 46 of the acts of 2003, is hereby further amended by
striking out the third paragraph and inserting in place thereof the following 2
paragraphs:-
Whoever violates any provision of this section shall be punished by a fine
of not more than $200.
Whenever a pedestrian is injured by a motor vehicle in a marked crosswalk,
the department of state police or the municipal police department with
jurisdiction of the street, in consultation with department of state police if
deemed appropriate, shall conduct an investigation into the cause of the injury
and any violation of this section or other law or ordinance and shall issue the
appropriate civil or criminal citation or file an application for the
appropriate criminal complaint, if any. This section shall not limit the
ability of a district attorney or the attorney general to seek an indictment in
connection with the operation of a motor vehicle which causes injury or death
and which violates this section.
Approved August 9, 2004.