HOUSE DOCKET, NO. 239        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1549


The Commonwealth of Massachusetts



Alice Hanlon Peisch


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 improving apprehension of drunk drivers and other law violators.






Date Added:

Alice Hanlon Peisch

14th Norfolk


Gerard T. Leone Jr.

15 Commonwealth Avenue Woburn, MA 01801


Jonathan W. Blodgett

10 Federal Street, 5th Floor Salem, MA  01970


Mark G. Mastroianni

50 State Street Springfield, Massachusetts 01103


William C. Galvin

6th Norfolk


Jason M. Lewis

Fifth Middlesex


Stephen L. DiNatale

3rd Worcester


Angelo J. Puppolo, Jr.

12th Hampden


Michael J. Rodrigues

First Bristol and Plymouth


John H. Rogers

12th Norfolk


Thomas J. Calter

12th Plymouth


Michael R. Knapik

Second Hampden and Hampshire


Michael O. Moore

Second Worcester


Josh S. Cutler

6th Plymouth


Randy Hunt

5th Barnstable


Louis L. Kafka

8th Norfolk


Thomas M. McGee

Third Essex


Paul McMurtry

11th Norfolk


Todd M. Smola

1st Hampden


Katherine M. Clark

Fifth Middlesex


David Paul Linsky

5th Middlesex


Ann-Margaret Ferrante

5th Essex


James J. Dwyer

30th Middlesex


Bradley H. Jones, Jr.

20th Middlesex


Donald H. Wong

9th Essex


Anne M. Gobi

5th Worcester


Cleon H. Turner

1st Barnstable


F. Jay Barrows

1st Bristol


David M. Nangle

17th Middlesex


Lori A. Ehrlich

8th Essex


Gailanne M. Cariddi

1st Berkshire


Leonard Mirra

2nd Essex


Marc T. Lombardo

22nd Middlesex


James M. Cantwell

4th Plymouth


Bradford Hill

4th Essex


Nicholas A. Boldyga

3rd Hampden


Christine E. Canavan

10th Plymouth


Elizabeth A. Poirier

14th Bristol


Carolyn C. Dykema

8th Middlesex


Mark J. Cusack

5th Norfolk


Sarah K. Peake

4th Barnstable


Kenneth I. Gordon

21st Middlesex


John J. Binienda

17th Worcester


Viriato Manuel deMacedo

1st Plymouth


Geoff Diehl

7th Plymouth


Peter V. Kocot

1st Hampshire


Peter J. Durant

6th Worcester


William N. Brownsberger

Second Suffolk and Middlesex


Patricia D. Jehlen

Second Middlesex


Theodore C. Speliotis

13th Essex


Bruce E. Tarr

First Essex and Middlesex


Paul Brodeur

32nd Middlesex


Paul J. Donato

35th Middlesex


Martha M. Walz

8th Suffolk


Carl M. Sciortino, Jr.

34th Middlesex


James R. Miceli

19th Middlesex


Stephen M. Brewer

Worcester, Hampden, Hampshire and Middlesex


Paul A. Schmid, III

8th Bristol


John W. Scibak

2nd Hampshire


Jonathan Hecht

29th Middlesex


Keiko M. Orrall

12th Bristol


Cory Atkins

14th Middlesex


Sal N. DiDomenico

Middlesex and Suffolk


Paul K. Frost

7th Worcester


David M. Rogers

24th Middlesex


Cheryl A. Coakley-Rivera

10th Hampden


Thomas P. Conroy

13th Middlesex


Danielle W. Gregoire

4th Middlesex


Denise C. Garlick

13th Norfolk


George N. Peterson, Jr.

9th Worcester


Brian M. Ashe

2nd Hampden


David T. Vieira

3rd Barnstable


HOUSE DOCKET, NO. 239        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1549

By Ms. Peisch of Wellesley, a petition (accompanied by bill, House, No. 1549) of Alice Hanlon Peisch and others relative to improving the apprehension of drunk drivers and other law violators.  The Judiciary.


SEE HOUSE, NO. 2253 OF 2011-2012.]


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act improving apprehension of drunk drivers and other law violators.


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 98A of Chapter 41 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out said section and inserting in place thereof the following section:

Section 98A. A police officer of a city or town who is empowered to make arrests within a city or town and who is objectively recognizable as a police officer by means of a marked police vehicle, or being in uniform, or by conspicuously displaying his badge, or by activating an unmarked police vehicle's lights and/or siren, upon observing a motor vehicle infraction committed in his presence within his jurisdiction is authorized to stop said motor vehicle after fresh and continued pursuit in any city or town, and may take any appropriate legal action, including arrest, for any violations or criminal conduct observed prior to or during said stop, as would be authorized were he acting in his own territorial jurisdiction. 

In the event of an arrest pursuant to this paragraph, said officer may return the person arrested to said officer’s territorial jurisdiction, and shall make all reasonable efforts to promptly notify the department or departments having authority in the jurisdiction or jurisdictions in which the arrest was effected, provided, however, that failure to make this notification will in no way affect the validity of the motor vehicle stop or resulting action that flowed from the stop. Such arrest may be prosecuted in the jurisdiction where the pursuit began.