SENATE DOCKET, NO. 681        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1797

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to increasing the civil fines and financial responsibilities and criminal penalties of motorists who violate the right of way of other motorists, motorcyclists, bicyclists and/or pedestrians, resulting in serious bodily injury and/or death.

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PETITION OF:

 

Name:

District/Address:

Bruce E. Tarr

 

Marc T. Lombardo

22nd Middlesex

Robert L. Hedlund

 

Christine E. Canavan

10th Plymouth

Geoff Diehl

7th Plymouth

Carolyn C. Dykema

8th Middlesex

Anne M. Gobi

5th Worcester

Randy Hunt

5th Barnstable

Bradley H. Jones, Jr.

20th Middlesex

Michael R. Knapik

 

George N. Peterson, Jr.

9th Worcester

Elizabeth A. Poirier

14th Bristol

Angelo J. Puppolo, Jr.

12th Hampden

George T. Ross

2nd Bristol

Todd M. Smola

1st Hampden


SENATE DOCKET, NO. 681        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1797

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1797) of Bruce E. Tarr, Marc T. Lombardo, Robert L. Hedlund, Christine E. Canavan and other members of the General Court for legislation to increase the civil fines and penalities of motorists who violate the right of way of other motorists.  Transportation.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

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An Act relative to increasing the civil fines and financial responsibilities and criminal penalties of motorists who violate the right of way of other motorists, motorcyclists, bicyclists and/or pedestrians, resulting in serious bodily injury and/or death.

 

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 8 of chapter 89, as appearing in the 2008 Official Edition, is hereby amended by striking out in the last sentence the words “thirty-five” and replacing it with “two hundred.”

SECTION 2.   Section 8 of Chapter 89 of the General Laws, as so appearing, is hereby amended by adding at the end of said section the following new paragraph:

Any person who is found guilty of or pleads guilty or nolo contendere to a violation of the provisions of this Section shall be subject to the following penalties:

    (a) If the violation results in the injury of another person, the offender shall, in addition to any other penalties, be fined two hundred dollars and have their driver's or commercial driver's license or permit or nonresident operating privilege suspended for a period of not less than thirty days, or both.

    (b) If the violation results in the serious bodily injury of another person, the offender shall, in addition to any other penalties, be fined five hundred dollars and have their driver's or commercial driver's license or permit or nonresident operating privilege suspended for a period of not less than ninety days, or both.

    (c) If the violation results in the death of another person, the offender shall, in addition to any other penalties, be fined one thousand dollars and have their driver's or commercial driver's license or permit or nonresident operating privilege suspended for a period of not less than one hundred eighty days, or both.

    (d) For purposes of this Section, "serious bodily injury" shall mean a bodily injury which involves unconsciousness, extreme physical pain, or protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.