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HOUSE DOCKET, NO. 2772        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2253


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

Colleen M. Garry

36th Middlesex

Anne M. Gobi

5th Worcester

William M. Straus

10th Bristol

Richard J. Ross

Norfolk, Bristol, and Middlesex

William N. Brownsberger


Richard T. Moore


Thomas J. Calter

12th Plymouth

Marc T. Lombardo

22nd Middlesex

Bradley H. Jones, Jr.

20th Middlesex

Daniel B. Winslow

9th Norfolk

Peter V. Kocot

1st Hampshire

Randy Hunt

5th Barnstable

Paul Brodeur

32nd Middlesex

Stephen L. DiNatale

3rd Worcester

David Paul Linsky

5th Middlesex

William C. Galvin

6th Norfolk

Jennifer E. Benson

37th Middlesex

Stephen R. Canessa

12th Bristol

Carolyn C. Dykema

8th Middlesex

Todd M. Smola

1st Hampden

Christopher N. Speranzo

3rd Berkshire

Stephen Stat Smith

28th Middlesex

Jason M. Lewis

31st Middlesex

Gailanne M. Cariddi

1st Berkshire

John D. Keenan

7th Essex

James J. Dwyer

30th Middlesex

F. Jay Barrows

1st Bristol

Sal N. DiDomenico

Middlesex, Suffolk, and Essex

Michael R. Knapik


Donald H. Wong

9th Essex

Thomas P. Conroy

13th Middlesex

David T. Vieira

3rd Barnstable

Theodore C. Speliotis

13th Essex

Cleon H. Turner

1st Barnstable

Ryan C. Fattman

18th Worcester

Christopher G. Fallon

33rd Middlesex

Lori A. Ehrlich

8th Essex

David M. Nangle

17th Middlesex

Kevin J. Kuros

8th Worcester

Angelo J. Puppolo, Jr.

12th Hampden

Kimberly N. Ferguson

1st Worcester

George N. Peterson, Jr.

9th Worcester

Michael O. Moore


John J. Binienda

17th Worcester

Jennifer L. Flanagan


Jonathan Hecht

29th Middlesex

Daniel K. Webster

6th Plymouth

David M. Torrisi

14th Essex

Demetrius J. Atsalis

2nd Barnstable

Viriato Manuel deMacedo

1st Plymouth

Mark J. Cusack

5th Norfolk

Matthew A. Beaton

11th Worcester

James Arciero

2nd Middlesex

John V. Fernandes

10th Worcester

Kathi-Anne Reinstein

16th Suffolk

Katherine M. Clark

Middlesex and Essex

Bruce E. Tarr


Steven A. Tolman


HOUSE DOCKET, NO. 2772        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2253

By Ms. Peisch of Wellesley, a petition (accompanied by bill, House, No. 2253) of Alice Hanlon Peisch and others relative to improving the apprehension of drunk drivers and other law violators.  The Judiciary. 


SEE SENATE, NO. 1742 OF 2009-2010.]


The Commonwealth of Massachusetts



In the Year Two Thousand Eleven



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 2008 Official Edition is amended by replacing the entire section with the following:  A police officer of a city or town may stop a person or vehicle in a city or town that borders the officer’s city or town if the officer has reason to believe that the person or vehicle recently traveled through his or her city or town under circumstances where the officer would have had the authority to stop the person or vehicle for the purpose of making an arrest, placing an operator in protective custody, issuing a citation or taking any other enforcement action. Said officer may return any person so arrested or placed in protective custody to the jurisdiction wherein said offence was committed or other condition or violation was observed. No criminal case shall be dismissed, and no evidence in a criminal case shall be suppressed, based on the fact that a stop of a person or motor vehicle did not comport with this section. Nothing contained in this section shall be construed as limiting the powers of a police officer to make arrests and in so far as possible this section shall be deemed to be declaratory of the common law of the commonwealth.

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