Bill S.1895

SENATE DOCKET, NO. 361 FILED ON: 1/14/2015

SENATE . . . . . . . . . . . . . . No. 1895

By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1895) of James E. Timilty for legislation to further strengthen public safety by reducing unlicensed, uninsured driving by OUI offenders. Transportation.

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 further strengthening public safety by reducing unlicensed, uninsured driving by OUI 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. Subsection 1(c)(1) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking all words from “; provided, however, that such person may”, in line 318, through and including the words “deems appropriate and necessary”, in line 335, and replacing them with the following words:- “; provided, however, that such person may, after receiving notice of the revocation from the registrar, apply for the issuance of an ignition interlock license. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. Failure of the operator to remain in compliance with court probation may be cause for immediate revocation of the ignition interlock license.”

SECTION 2. Subsection 1(c)(2) of section 24 of chapter 90 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking all words from “; provided, however, that such person may”, in line 345, through and including the words “for the duration of the hardship license”, in line 368, and replacing it with the following words:- “; provided, however, that such person may, after receiving notice of the revocation from the registrar, apply for the issuance of an ignition interlock license. Such person shall provide proof in a format acceptable to the registrar that the person has enrolled in, and is successfully completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, or has completed the incarcerated portion of the sentence. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. Failure of the operator to remain in compliance with court probation may be cause for immediate revocation of the ignition interlock license.”

SECTION 3. Subsection 1(c)(3) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking all words from “; provided, however, that such person may”, in line 381, through and including the words “for the duration of the hardship license”, in line 401, and replacing them with the following words:-“; provided however, that such person may, after completion of the incarcerated portion of the sentence, apply for an ignition interlock license for the balance of the eight year revocation period. Such person shall provide proof in a format acceptable to the registrar that the person has enrolled in, and is successfully completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. Failure of the operator to remain in compliance with court probation may be cause for immediate revocation of the ignition interlock license.”

SECTION 4. Subsection 1(c)(3 ½) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking all words from “; provided, however, that such person may”, in line 411, through and including the words “for the duration of the hardship license.”, in line 431, and replacing them with the following words:- “; provided, however, that such person may, after the completion of the incarcerated portion of the sentence, apply for the issuance of an ignition interlock license. Such person shall provide proof in a format acceptable to the registrar that the person has enrolled in, and is successfully completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D. Such ignition interlock license shall not be removed for the life of such person, provided however, the person may petition the registrar for removal not less than 10 years after the issuance of such license and not less than every 5 years thereafter. Mandatory restrictions on ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. Failure of the operator to remain in compliance with probation may be cause for immediate revocation of the ignition interlock license.”

SECTION 5. Subsection 1(c)(3 ¾) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking the paragraph and inserting the following in place thereof:-

“Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the commission of the offense for which such person has been convicted, such person's license or right to operate a motor vehicle shall be revoked for the life of such person; provided however, that such person may, after completion of the incarcerated portion of the sentence, apply for an ignition interlock license. Such person shall provide proof in a format acceptable to the registrar that the person has enrolled in, and has successfully completed or is successfully completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, or has completed the incarcerated portion of the sentence. Such ignition interlock license shall not be removed for the life of such person, provided however, the person may petition the registrar for removal not less than 10 years after the issuance of such license and not less than every 5 years thereafter. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from any order of the registrar of motor vehicles under the provisions of this section.”

SECTION 6. Subsection 1(f)(1) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking, in line 552, the word “restistrar” and inserting in place thereof:- “registrar”

SECTION 7. Subsection 1(f)(1) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking, in line 594, the words “No license or right to operate” through and including the words “paragraph; provided however, that the”, in lines 596-7, and replacing it with the following words:- “A person who refused to submit to such test or analysis may apply, on or after the effective date of the suspension, for the issuance of an ignition interlock license for the balance of the revocation period listed in this subsection. A mandatory restriction on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. A person issued an ignition interlock license under this subsection shall not receive credit against any additional ignition interlock requirement arising from the same or from another incident. The”

SECTION 8. Subsection 1(f)(2) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by inserting, after the word “days.” In line 643, the following new paragraph:-

“Such person may apply in advance of or after the effective date of the suspension, for the issuance of an ignition interlock license for the balance of the suspension period listed in this subsection. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that such person has a functioning certified ignition interlock device installed and maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. A suspension for failure of a chemical test or analysis of breath or blood shall run concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. A person issued an ignition interlock license under this subsection shall receive day for day credit against any additional ignition interlock requirement arising from the same incident.”

SECTION 9. Subsection 1(g) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by inserting, after the words “the court may reverse the registrar’s determination” in line 702, the following new paragraph:-

“Upon issuance of an ignition interlock license during the period of suspension by a person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f), such person waives his or her right to a hearing under this subparagraph.”

SECTION 10. Subsection 1(g) of section 24 of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by inserting, in line 643, after the words “registrar of such restoration”, the following:-

“Upon issuance of an ignition interlock license during the period of suspension by a person whose license, permit or right to operate has been suspended under subparagraph (2) of paragraph (f), such person waives his or her right to a hearing under this subsection.”

SECTION 11. Section 24 ½ of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking the words from “; unless a certified ignition interlock device”, in lines 12-13, through and including the words “ordered by the registrar.”, in line 33, and replacing it with the following words:-

“such person provides proof in a format acceptable to the registrar that such person has a functioning certified ignition interlock device installed on any and all vehicles to be operated by that person as a precondition to the issuance of a new license or right to operate or the restoration of such person’s license or right to operate. A functioning certified ignition interlock device shall be installed and maintained on any and all vehicles owned, leased and operated by the person for a period of 6 months if he or she has not previously been assigned or convicted, and for a period of 2 years if he or she has previously been so assigned or convicted. Any person whose license or right to operate is restricted to operating vehicles equipped with a functioning certified ignition interlock device shall have such device inspected, maintained and monitored in accordance with such regulations as the registrar shall promulgate. The registrar may extend, for up to two years, the period of the ignition interlock restriction on the license of a person who (i) removes, tampers with or circumvents the proper operation of such device, (ii) fails on two or more occasions during the period of the restricted license or right to operate to have such device inspected, maintained or monitored within ten days of the end of each inspection, maintenance, or monitoring period as required by such regulations as the registrar shall promulgate, or (iii) if during the period of the restricted license or right to operate, the person has recorded in such device on at least two occasions, two or more blood alcohol tests in excess of .02 within any fifteen minute period of time. A person aggrieved by a decision of the registrar pursuant to this section may file an appeal in the superior court of the trial court department. If the court determines that the registrar abused his discretion, the court may vacate the extension of an ignition interlock restriction on a person’s of a license or right to operate ordered by the registrar.”

SECTION 12. Section 24D of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking all words from “a defendant may”, in line 62, through and including the words “12 hour period, 7 days a week”, in line 66, and replacing them with the following words:- “, a defendant shall immediately upon entering a program pursuant to this section apply to the registrar for issuance of an ignition interlock license for a minimum of one year or for the period of probation, whichever is longer. A mandatory restriction on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device has been installed and will be maintained on any and all vehicles to be operated by the licensee for the duration of the ignition interlock license.

SECTION 13. Section 24D of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking the word “hardship” in lines 71, 76 and 77, and replacing it in each instance with the words “ignition interlock”.

SECTION 14. Section 24E of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the words “in the program”, in line 37, the following words:- “and may include a written statement by the supervisor of the ignition interlock provider used by such person detailing the person’s compliance with his or her ignition interlock requirement.”

SECTION 15. Section 24E of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the words “right to operate”, in lines 61 and 62, the following words:- “or an ignition interlock license”

SECTION 16. Section 24G of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by inserting the following new subsection at the end thereof:-

(d) Upon completion of the period of imprisonment prescribed in either (a) or (b) of this Section 24G, the person may apply to the registrar for the issuance of an ignition interlock license for the remainder of the revocation period designated in (c) of this Section 24G. The registrar may, in his or her discretion, issue such license under such terms and conditions as he or she deems appropriate and necessary for the balance of the revocation period listed in this subsection. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device has been installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. Failure of the operator to remain in compliance with the sentence or court probation may be cause for immediate revocation of the ignition interlock license.”

SECTION 17. Section 24L of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by inserting the following new section at the end thereof:-

“(5) Upon completion of the period of imprisonment prescribed in either (1) or (2) of this Section 24L, the person may apply to the registrar for the issuance of an ignition interlock license for the remainder of the revocation period designated in (4) of this Section 24L. The registrar may, in his or her discretion, issue such license under such terms and conditions as he or she deems appropriate and necessary for the balance of the revocation period listed in this subsection. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. Failure of the operator to remain in compliance with the sentence or court probation may be cause for immediate revocation of the ignition interlock license.”

SECTION 18. Section 24N of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by inserting, in line 36, after the word “days”, the following words:- “, provided that such person may apply, on or after the effective date of the suspension, for the issuance of an ignition interlock license for the balance of the suspension period listed in this subsection. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. A suspension for failure of a chemical test or analysis of breath or blood shall run concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. A person issued an ignition interlock license under this subsection shall receive day for day credit against any additional ignition interlock requirement arising from the same incident”

SECTION 19. Section 24N of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended by striking, in lines 55 to 58, the following words:- “No license shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the” and inserting in place thereof the following:-

“A person who refused to submit to such test or analysis may apply, on or after the effective date of the suspension, for the issuance of an ignition interlock license for the balance of the suspension period listed in this subsection. Mandatory restrictions on an ignition interlock license granted by the registrar under this subparagraph shall be that such person provides proof in a format acceptable to the registrar that a functioning certified ignition interlock device is installed and will be maintained on any and all vehicles to be operated by the person, and that the person may operate only vehicles so equipped, for the duration of the ignition interlock license. A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. A person issued an ignition interlock license under this subsection shall not receive credit against any additional ignition interlock requirement arising from the same incident. The”

SECTION 20. Section 24N of chapter 90 of the general laws, as appearing in the 2012 Official Edition, is hereby amended inserting after the word “restoration.” in line 101, the following new paragraph:-

“Upon issuance of an ignition interlock license during the period of suspension when a person whose license, permit or right to operate has been suspended under this section, such person waives his or her right to a hearing under this section.”

Name:	District/Address:
James E. Timilty	Bristol and Norfolk
James T. Welch	Hampden	5/7/2015
Bradley H. Jones, Jr.	20th Middlesex	9/10/2015
Bruce E. Tarr	First Essex and Middlesex	12/17/2015
F. Jay Barrows	1st Bristol	3/2/2016
Kathleen O'Connor Ives	First Essex	3/2/2016