HOUSE DOCKET, NO. 2251        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1216

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas J. Calter and Viriato M. deMacedo

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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 increasing penalties for hit and runs with recreational vehicles in the commonwealth.

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PETITION OF:

HOUSE DOCKET, NO. 2251        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1216

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act increasing penalties for hit and runs with recreational vehicles in the commonwealth.

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 90B of the General Laws is hereby amended by striking out section 26B, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 26B.  (a) Whoever operates a snow vehicle or recreation vehicle so that the lives or safety of the public might be endangered shall be punished by a fine of not less than $250 nor more than $1,000.

(b) Whoever operates a snow vehicle or recreation vehicle and, without stopping and making known his name, address and the registration number of his snow vehicle or recreation vehicle, leaves the scene after knowingly colliding with or otherwise causing damage to another snow vehicle or recreation vehicle or property shall be punished by a fine of not less than $250 nor more than $1,000; provided, however, that the damage to property shall be greater than $500.

(c) Whoever operates a snow vehicle or a recreation vehicle and, without stopping and making known his name, address and the registration number  of his snow vehicle or recreation vehicle, leaves the scene after knowingly colliding with or otherwise causing bodily injury to another person not resulting in the death of any person, shall be punished by imprisonment in a jail or house of correction for not less than 6 months nor more than 2 years and by a fine of not less than $500 nor more than $1,000 or by imprisonment in a state prison for not less than 2 ½ years nor more than 5 years and by a fine of not less than $500 nor more than $1,000.

(d) Whoever operates a snow vehicle or a recreation vehicle and, without stopping and making known his name, address and the registration number  of his snow vehicle or recreation vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing bodily injury to another person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for not less than 2 ½ years nor more than 10 years.

The sentence imposed upon such person shall not be reduced to less than 1 year, nor suspended, nor shall any person convicted under this paragraph be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least 1 year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program.

(e) Whoever operates a snow vehicle or a recreation vehicle so that the lives or safety of the public might be endangered and, by such operation, causes serious bodily injury, shall be punished by imprisonment in a jail or house of correction for not more than 2 ½ years and by a fine of not less than $300 nor more than $5,000. For the purposes of this section “serious bodily injury” shall mean bodily injury which creates a substantial risk of death or which involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time.

(f) Whoever operates a snow vehicle or a recreation vehicle so that the lives or safety of the public might be endangered and, by such operation causes the death of another person, shall be punished by imprisonment in a jail or house of correction for not more than 2 ½  years or by imprisonment in the state prison for not more than 5 years or by a fine of not more than $5,000, or by both such fine and imprisonment.