HOUSE DOCKET, NO. 2320        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1393

The Commonwealth of Massachusetts

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PRESENTED BY:

Bradley H. Jones, Jr.

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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 repeat drunk driving offenders.

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PETITION OF:

HOUSE DOCKET, NO. 2320        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1393

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2213 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to repeat drunk driving offenders.

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 (1) of section 24 of chapter 90 of the General Laws, as most recently amended by chapter 139 of the acts of 2012, is hereby further amended by inserting in the fourth paragraph of subparagraph (1) of paragraph (a) after the words “has served thirty days of such sentence” the following words:-  provided, further, that any such probation, parole, or furlough shall consist of not less than 30 days of community service.

SECTION 2. Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby further amended by inserting after the word “drivers.” at the end of the fourth paragraph of subparagraph (1) of paragraph (a) the following paragraph:-

A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment shall include, but not be limited to, an assessment of the level of the offender’s addiction to alcohol or drugs, and the department’s recommended course of treatment. Such assessment shall be reported to the offender’s probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from an assessment or recommended course of treatment for inability to pay, if the offender files an affidavit of indigency or inability to pay with the court, investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION 3. Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby amended by inserting in the fifth paragraph of subparagraph (1) of paragraph (a) after the words “he shall have served one hundred and fifty days of such sentence” the following words:-  ; provided further, that any such probation, parole, or furlough shall consist of not less than 60 days of community service

SECTION 4. Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby further amended by inserting after the word “drivers.” at the end of the fifth paragraph of subparagraph (1) of paragraph (a) the following paragraph:-

A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment shall include, but not be limited to, an assessment of the level of the offender’s addiction to alcohol or drugs, and the department’s recommended course of treatment. Such assessment shall be reported to the offender’s probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, if the offender files an affidavit of indigency or inability to pay with the court, the investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION 5.  Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby further amended in the sixth paragraph of subparagraph (1) of paragraph (a) by striking out “nor more than five years;” and inserting in place thereof:-  nor more than seven years;

SECTION 6. Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby amended by inserting in the sixth paragraph of subparagraph (1) of paragraph (a) after the words “has served twelve months of such sentence” the following words:-  provided, further, that any such probation, parole, or furlough shall consist of not less than 60 days of community service.

SECTION 7. Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby further amended by inserting after the word “drivers” at the end of the sixth paragraph of subparagraph (1) of paragraph (a) the following paragraph:-

A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender’s addictions to alcohol or drugs, and the department’s recommended course of treatment. Such assessment shall be reported to the offender’s probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and that the court enters written findings thereof. The department of public health may make rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION 8.  Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby further amended in the seventh paragraph of subparagraph (1) of paragraph (a) by striking out “nor more than five years;” and inserting in place thereof:-  nor more than ten years.

SECTION 9. Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby amended by inserting in the seventh paragraph of subparagraph (1) of paragraph (a) after the words “has served twenty-four months of such sentence” the following words:-  provided, further, that any such probation, parole, or furlough shall consist of not less than 60 days of community service.

SECTION 10. Said subdivision (1) of section 24 of said chapter 90, as so amended, is hereby further amended by inserting after the word “drivers” at the end of the seventh paragraph of subparagraph (1) of paragraph (a)the following paragraph:-

A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender’s addictions to alcohol or drugs, and the department’s recommended course of treatment. Such assessment shall be reported to the offender’s probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and that the court enters written findings thereof. The department of public health may make rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION 11. Said section 24 of said chapter 90, as so amended, is hereby amended by adding the following:-

Notwithstanding the provisions of any section of this chapter, any person who after being administered the chemical test set forth in this section and such evidence indicates that the percentage was fifteen one hundredths or more and the person is before the court for the first time for such offense, upon conviction the court shall order an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender’s addictions to alcohol or drugs, and the department’s recommended course of treatment. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to offender or his family, and that the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION 12.  Chapter 90, as so amended, is hereby amended by inserting after section 24X, the following section:-

Section 24Y.  (a) Whoever, upon any way or in any place to which members of the public has a right to access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage of weight, of alcohol in his blood of eight-one hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances or the vapors of glue, in violation of sections 24, 24G or 24L, while a child under the age of 14 is in the vehicle, shall be punished by imprisonment in the house of correction for not more than 6 months and a fine of not more than $10,000.

(b) In accordance with section 8A of chapter 279, such sentence shall begin from and after the expiration of the sentence for violation of said sections 24, 24G or 24L.

(c) The registrar may extend, for an additional 2 months, any suspension or revocation of a license or right to operate imposed for violation of said sections 24, 24G or 24L, on any person that violates this section.