SENATE DOCKET, NO. 202 FILED ON: 1/10/2019
SENATE . . . . . . . . . . . . . . No. 2139
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The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce E. Tarr
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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 relative to increasing the civil fines and financial responsibilities and criminal penalties of motorists who violate the right of way of other motorists, motorcyclists, bicyclists and/or pedestrians, resulting in serious bodily injury and/or death.
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PETITION OF:
Name: | District/Address: |
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Bruce E. Tarr | First Essex and Middlesex |
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David Allen Robertson | 19th Middlesex | 2/1/2019 |
SENATE DOCKET, NO. 202 FILED ON: 1/10/2019
SENATE . . . . . . . . . . . . . . No. 2139
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2139) of Bruce E. Tarr and David Allen Robertson for legislation to increase the civil fines and financial responsibilities and criminal penalties of motorists who violate the right of way of other motorists, motorcyclists, bicyclists and/or pedestrians, resulting in serious bodily injury and/or death. Transportation. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1990 OF 2017-2018.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act relative to increasing the civil fines and financial responsibilities and criminal penalties of motorists who violate the right of way of other motorists, motorcyclists, bicyclists and/or pedestrians, resulting in serious bodily injury and/or death.
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 8 of chapter 89 of the General Laws is hereby amended by striking out, in line 31, the word “thirty-five” and replacing it with the words “two hundred.”
SECTION 2. Section 8 of said chapter 89 of the General Laws is hereby further amended by adding at the end of said section the following new paragraph:-
“Any person who is found guilty of or pleads guilty or nolo contendere to a violation of the provisions of this section shall be subject to the following penalties:
(a) If the violation results in the injury of another person, the offender shall, in addition to any other penalties, be fined two hundred dollars and have their driver’s or commercial driver’s license or permit or nonresident operating privilege suspended for a period of not less than thirty days, or both.
(b) If the violation results in the serious bodily injury of another person, the offender shall, in addition to any other penalties, be fined five hundred dollars and have their driver’s or commercial driver’s license or permit or nonresident operating privilege suspended for a period of not less than ninety days, or both.
(c) If the violation results in the death of another person, the offender shall, in addition to any other penalties, be fined one thousand dollars and have their driver’s or commercial driver’s license or permit or nonresident operating privilege suspended for a period of not less than one hundred eighty days, or both.
(d) For purposes of this section, “serious bodily injury” shall mean a bodily injury which involves unconsciousness, extreme physical pain, or protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.”