HOUSE DOCKET, NO. 154        FILED ON: 1/6/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3336

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to reckless or negligent operation of a 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.  Subdivision (2) of section 24 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after paragraph (a), the following paragraph:-

(a ¼)  Whoever, upon any way or in any place to which the public has a right of access, or any place to which members of the public have access, as invitees or licensees, operates a motor vehicle recklessly, or operates such vehicle negligently so that the lives or safety of the public might be endangered, and as a result of such reckless or negligent operation, collides with or otherwise causes serious injury to any person, shall be punished by imprisonment in the state prison for not less than 2 ½ years nor more than 5 years or by a fine of not less than $1,000 nor more than $10,000 or by both such fine and imprisonment.  Prosecutions commenced under this paragraph shall not be continued without a finding nor placed on file.

SECTION 2.   Paragraph (b) of subdivision (2) of said section 24 of said chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after the letter “(a)” in line 811, the following:-  , paragraph (a ¼)

SECTION 3.   Paragraph (c) of subdivision (2) of said section 24 of said chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after the letter “(a)” in line 828, the following:-  , (a ¼)

SECTION 4.  Said paragraph (c) of said subdivision (2) of said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting, after the word “to:” in line 830, the following:-  (i) any person convicted of a violation of paragraph (a ¼) until 2 years after the date of revocation following his conviction if for a 1st offense or until 5 years after the date of revocation following any subsequent conviction;