HOUSE DOCKET, NO. 4573        FILED ON: 3/1/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4098

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Louis L. Kafka and Claire D. Cronin

_________________

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 offenses while operating on a suspended license.

_______________

PETITION OF:

HOUSE DOCKET, NO. 4573        FILED ON: 3/1/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4098

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to offenses while operating on a suspended license.

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 23 of Chapter 90 of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by  inserting after the fourth paragraph the following 3 paragraphs:-

Any person convicted of operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate and by such operation causes injury to another person shall be punished by a fine of not more than $5,000 and by imprisonment in a house of correction for not more than 2 ½ years.  Prosecutions commenced under this paragraph shall only apply to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, due to an outstanding default or arrest warrant, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more.  If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the person shall be punished by a fine of not more than $5,000 and by imprisonment in a house of correction for not less than 6 months and not more than 2 ½ years.  Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph.   Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

Any person convicted of operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate and by such operation causes serious bodily injury to another person shall be punished by a fine of not more than $10,000 and by imprisonment in a house of correction for not more than 2 ½  years or imprisonment in the state prison for not more than 5 years.  Prosecutions commenced under this paragraph shall only apply to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, due to an outstanding default or arrest warrant, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more.  If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the person shall be punished by a fine of not more than $10,000 and by imprisonment in a house of correction for a mandatory period of not less than 1 year and not more than 2 ½ years, or state prison for not less than 1 year but no more than 10 years with said sentence to be served consecutively to and not concurrent with any other sentence or penalty.  Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 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 of 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 only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program.   Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

Any person convicted of operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate and by such operation causes the death of another shall be punished by a fine of not more than $15,000 and by imprisonment in a house of correction for a mandatory period of not less than 2 years and not more than 2 ½  years, or state prison for not less than 2 years but no more than 10 years with said sentence to be served consecutively to and not concurrent with any other sentence or penalty.   Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 2 years 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 of 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 only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program.  Prosecutions commenced under this paragraph shall only apply to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, due to an outstanding default or arrest warrant, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more.  If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the person shall be punished by a fine of not more than $15,000 and by imprisonment in the state prison for not less than 5 years but no more than 15 years with said sentence to be served consecutively to and not concurrent with any other sentence or penalty.  Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 5 years 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 of 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 only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program.  Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

SECTION 2. Said section 23 of said chapter 90, as so appearing, is hereby amended by striking out the words “first or second”, in line 148, and inserting in place thereof the following words:- first, second, fifth, sixth or seventh.

SECTION 3. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby amended by inserting, in line 12, after the word “90B” the following words:- , sixth or seventh  paragraph of section 23 of chapter 90.