HOUSE DOCKET, NO. 2648        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2357

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul Tucker

_________________

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 ignition interlock.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Paul Tucker

7th Essex

1/20/2017

Timothy R. Whelan

1st Barnstable

 

Mathew Muratore

1st Plymouth

 

Joan B.  Lovely

Second Essex

 

Linda Dean Campbell

15th Essex

 

Paul Brodeur

32nd Middlesex

 

Michelle M. DuBois

10th Plymouth

 


HOUSE DOCKET, NO. 2648        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2357

By Mr. Tucker of Salem, a petition (accompanied by bill, House, No. 2357) of Paul Tucker and others relative to the penalties for the removal of ignition interlock devices.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to ignition interlock.

 

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 24S of Chapter 90 is hereby amended by striking paragraph (b) and inserting in place thereof the following new paragraphs: --

            (b) Whoever, upon any way or place to which the public has a right of access, or upon any way or place to which members of the public have access as invitees or licensees, operates a motor vehicle after his license to operate has been revoked by reason of his having been found to have removed a certified ignition interlock device, as provided in section 24 ½, shall be punished by fine of not less than $1,000 nor more than $15,000 and by imprisonment for not less than 180 days nor more than 2 1/2 years or by a fine of not less than $1,000 nor more than $15,000 and by imprisonment in the state prison for not less than 2 1/2 years nor more than 5 years. The sentence imposed upon such person shall not be reduced to less than 150 days, nor 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 150 days of such sentence. 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 subsection 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 that institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction. The defendant may serve all or part of such 150-day sentence, to the extent such resources are available, in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.

            (c) For the purposes of this section the term “certified ignition interlock device” shall mean an alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration over a preset limit of.02 or 20 mg of alcohol per 100 ml of blood.