Budget Amendment ID: FY2013-S4-68.1-R1

Redraft Further JUD 68.1

Further to 68

Mr. Hedlund and Ms. Creem and Ms. Clark and Mr. Tarr moved that the amendment be amended by striking out the text and inserting in place thereof the following new section after section 156:-

"SECTION 156A. Notwithstanding any general or special law to the contrary, there shall be a commission on operating under the influence, which shall investigate and report on the feasibility and advisability of amending the laws on impaired driving to provide enhanced penalties for repeat violations of said laws, including, but not limited to,  proper categorization of repeat offenses with respect to new offenses occurring before the disposition of prior offenses.  The commission shall make recommendations, if appropriate, to make improvements and reduce recidivism.

The commission shall, with the assistance of the Massachusetts sentencing commission, the office of the commissioner of probation and the committee for public counsel services, determine the frequency of cases in which multiple offenses result in a single conviction or in concurrent sentences.  The commission shall also consider corresponding laws in other jurisdictions including, but not limited to, the use of penalties involving suspension, revocation or limitation of driving privileges and the use of enhanced programs on alcohol or controlled substance education, treatment or rehabilitation.

The commission shall be comprised of the commissioner of probation or a designee, the president of the Massachusetts district attorneys’ association or a designee, the chief counsel of the committee for public counsel services or a designee and a representative of the Massachusetts bar association.

Said commission shall file a report of its study, including its recommendations and drafts of any legislation, with the clerks of the senate and house of representatives on or before December 1, 2012.”.