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HOUSE DOCKET, NO. 239        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1549


The Commonwealth of Massachusetts



Alice Hanlon Peisch


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 improving apprehension of drunk drivers and other law violators.






Alice Hanlon Peisch

14th Norfolk

Gerard T. Leone Jr.

15 Commonwealth Avenue
Woburn, MA 01801

Jonathan W. Blodgett

10 Federal Street, 5th Floor
Salem, MA  01970

Mark G. Mastroianni

50 State Street
Springfield, Massachusetts 01103

William C. Galvin

6th Norfolk

Jason M. Lewis

Fifth Middlesex

Stephen L. DiNatale

3rd Worcester

Angelo J. Puppolo, Jr.

12th Hampden

Michael J. Rodrigues

First Bristol and Plymouth

John H. Rogers

12th Norfolk

Thomas J. Calter

12th Plymouth

Michael R. Knapik

Second Hampden and Hampshire

Michael O. Moore

Second Worcester

Josh S. Cutler

6th Plymouth

Randy Hunt

5th Barnstable

Louis L. Kafka

8th Norfolk

Thomas M. McGee

Third Essex

Paul McMurtry

11th Norfolk

Todd M. Smola

1st Hampden

Katherine M. Clark

Fifth Middlesex

David Paul Linsky

5th Middlesex

Ann-Margaret Ferrante

5th Essex

James J. Dwyer

30th Middlesex

Bradley H. Jones, Jr.

20th Middlesex

Donald H. Wong

9th Essex

Anne M. Gobi

5th Worcester

Cleon H. Turner

1st Barnstable

F. Jay Barrows

1st Bristol

David M. Nangle

17th Middlesex

Lori A. Ehrlich

8th Essex

Gailanne M. Cariddi

1st Berkshire

Leonard Mirra

2nd Essex

Marc T. Lombardo

22nd Middlesex

James M. Cantwell

4th Plymouth

Bradford Hill

4th Essex

Nicholas A. Boldyga

3rd Hampden

Christine E. Canavan

10th Plymouth

Elizabeth A. Poirier

14th Bristol

Carolyn C. Dykema

8th Middlesex

Mark J. Cusack

5th Norfolk

Sarah K. Peake

4th Barnstable

Kenneth I. Gordon

21st Middlesex

John J. Binienda

17th Worcester

Viriato Manuel deMacedo

1st Plymouth

Geoff Diehl

7th Plymouth

Peter V. Kocot

1st Hampshire

Peter J. Durant

6th Worcester

William N. Brownsberger

Second Suffolk and Middlesex

Patricia D. Jehlen

Second Middlesex

Theodore C. Speliotis

13th Essex

Bruce E. Tarr

First Essex and Middlesex

Paul Brodeur

32nd Middlesex

Paul J. Donato

35th Middlesex

Martha M. Walz

8th Suffolk

Carl M. Sciortino, Jr.

34th Middlesex

James R. Miceli

19th Middlesex

Stephen M. Brewer

Worcester, Hampden, Hampshire and Middlesex

Paul A. Schmid, III

8th Bristol

John W. Scibak

2nd Hampshire

Jonathan Hecht

29th Middlesex

Keiko M. Orrall

12th Bristol

Cory Atkins

14th Middlesex

Sal N. DiDomenico

Middlesex and Suffolk

Paul K. Frost

7th Worcester

David M. Rogers

24th Middlesex

Cheryl A. Coakley-Rivera

10th Hampden

Thomas P. Conroy

13th Middlesex

Danielle W. Gregoire

4th Middlesex

Denise C. Garlick

13th Norfolk

George N. Peterson, Jr.

9th Worcester

Brian M. Ashe

2nd Hampden

David T. Vieira

3rd Barnstable

HOUSE DOCKET, NO. 239        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1549

By Ms. Peisch of Wellesley, a petition (accompanied by bill, House, No. 1549) of Alice Hanlon Peisch and others relative to improving the apprehension of drunk drivers and other law violators.  The Judiciary. 


SEE HOUSE, NO. 2253 OF 2011-2012.]


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act improving apprehension of drunk drivers and other law violators.


              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 98A of Chapter 41 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out said section and inserting in place thereof the following section:

              Section 98A. A police officer of a city or town who is empowered to make arrests within a city or town and who is objectively recognizable as a police officer by means of a marked police vehicle, or being in uniform, or by conspicuously displaying his badge, or by activating an unmarked police vehicle's lights and/or siren, upon observing a motor vehicle infraction committed in his presence within his jurisdiction is authorized to stop said motor vehicle after fresh and continued pursuit in any city or town, and may take any appropriate legal action, including arrest, for any violations or criminal conduct observed prior to or during said stop, as would be authorized were he acting in his own territorial jurisdiction. 

              In the event of an arrest pursuant to this paragraph, said officer may return the person arrested to said officer’s territorial jurisdiction, and shall make all reasonable efforts to promptly notify the department or departments having authority in the jurisdiction or jurisdictions in which the arrest was effected, provided, however, that failure to make this notification will in no way affect the validity of the motor vehicle stop or resulting action that flowed from the stop. Such arrest may be prosecuted in the jurisdiction where the pursuit began.

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