HOUSE DOCKET, NO. 592        FILED ON: 1/12/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1395

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to fleeing a pursuing law enforcement officer's motor vehicle..

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.  Chapter 268 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following section:—Section 41. (a) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempt to elude a pursuing law enforcement officer’s motor vehicle, and the law enforcement officer’s motor vehicle is exhibiting at least one flashing, rotating, or oscillating blue light as specified in section 7E of chapter 90 of the General Laws, and the person either sees or reasonable should have seen such light; the law enforcement officer’s motor vehicle is sounding a siren as may be reasonably necessary; the law enforcement officer’s motor vehicle is distinctively marked; and the law enforcement officer’s motor vehicle is operated by a law enforcement officer who is wearing a distinctive uniform, shall be punished by imprisonment in a jail or house of correction for not more than two and one half years or by a fine of not more than $1,000, or by both fine and imprisonment.(b) Any person who flees or attempts to elude a pursuing law enforcement officer in violation of paragraph (a) and who drives his vehicle in a willful or wanton disregard for the safety of persons or property, shall be punished by imprisonment in the state prison for not more than five years or imprisonment in a jail or house of correction for not more than two and one half years or by a fine of not more that $10,000, or by both such fine and imprisonment.For purposes of this paragraph, “willful or wanton disregard for the safety of persons or property” shall include, but not be limited to, driving while fleeing or attempting to elude a pursuing law enforcement officer during which time either three or more violations of traffic law or damage to property occurs.(c) Any person who flees or attempts to elude a pursuing law enforcement officer in violation of paragraph (a) and who proximately causes death or serious bodily injury to any person, shall by punished by imprisonment in the state prison for not more than ten years or imprisonment in a jail or house of correction for not more than two and one half years or by a fine of not more than $10,000, or by both such fine and imprisonment. For purposes of this paragraph “serious bodily injury” shall mean a serious impairment of physical condition, including, but not limited to the following: loss of consciousness, concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.