SENATE DOCKET, NO. 837        FILED ON: 1/16/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 909

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Viriato M. deMacedo

_________________

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 leaving the scene of an accident.

_______________

PETITION OF:

 

Name:

District/Address:

 

Viriato M. deMacedo

Plymouth and Barnstable

 

Angelo L. D'Emilia

8th Plymouth

1/22/2019

Michael D. Brady

Second Plymouth and Bristol

1/29/2019

Patrick M. O'Connor

Plymouth and Norfolk

1/30/2019

Mathew J. Muratore

1st Plymouth

1/31/2019

Bruce E. Tarr

First Essex and Middlesex

3/6/2019

John H. Rogers

12th Norfolk

3/13/2019


SENATE DOCKET, NO. 837        FILED ON: 1/16/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 909

By Mr. deMacedo, a petition (accompanied by bill, Senate, No. 909) of Viriato M. deMacedo, Angelo L. D'Emilia, Michael D. Brady, Patrick M. O'Connor and others for legislation to authorize arrests without a warrant for leaving the scene of a motor vehicle accident.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 947 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to leaving the scene of an accident.

 

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 24 of Chapter 90 of the General Laws is hereby amended by deleting the word “register” as it appears in the subsection 2(a), and inserting the word “registration” in place thereof.

SECTION 2.  Section 24 of Chapter 90 of the General Laws is hereby amended by inserting the following language at the end of subsection 2(a½)(1): “Any police officer who has probable cause to believe that an operator is committing or has committed such aforementioned violation may be arrested without a warrant.”   

SECTION 3.  Section 21 of Chapter 90 of the General Laws is hereby amended by deleting the second paragraph in its entirety and in place thereof, inserting the following:

“Any officer authorized to make arrests, provided such officer is in uniform or conspicuously displaying his badge of office, may arrest without a warrant and keep in custody for not more than twenty-four hours, unless Saturday, Sunday or legal holiday intervenes, any person, regardless of whether or not such person has in his possession a license to operate motor vehicles issued by the registrar, if such person upon any way or in any place to which the public has the right of access, or upon any way or in any place to which members of the public have access as invitees, operates a motor vehicle after his license or right to operate motor vehicles in this state has been suspended or revoked by the registrar, or whoever upon any way or place to which the public has the right of access, or upon any way or in any place to which members of the public have access as invitees, or who the officer has probable cause to believe has operated or is operating a motor vehicle while under the influence of intoxicating liquor, marihuana or narcotic drugs, or depressant or stimulant substances, all as defined in section one of chapter ninety-four C, or under the influence of the vapors of glue, carbon tetrachloride, acetone, ethylene, dichloride, toluene, chloroform, xylene or any combination thereof, or whoever uses a motor vehicle without authority knowing that such use is unauthorized, or any person who, while operating or in charge of a motor vehicle, violates the provisions of section twenty-five of chapter ninety, or whoever operates a motor vehicle upon any way or in any place to which members of the public have a right of access as invitees or licensees whom the officer has probable cause to believe has operated or is operating a motor vehicle without first stopping and making known his name, residence and the registration number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any person or damage to property, or whoever operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered in violation of paragraph (a) of subdivision (2) of section 24 and by such operation causes another person serious bodily injury as defined in section 24L, or whoever commits motor vehicle homicide in violation of subsection (a) or (b) of section 24G.”