Amendment ID: S2185-151

Amendment 151

Drunk Driving Penalties

Messrs. Tarr, O'Connor and Ross move to amend the bill by inserting at the end thereof the following new sections:-

"SECTION_clause (1) (a) (1) of section 24 of chapter 90 as appearing in the 2016 official is hereby amended by inserting after line 177 the following paragraphs:-

If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense five times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than four thousand nor more than one hundred thousand dollars and by imprisonment for not less than five years or by a fine of not less than four thousand nor more than one hundred thousand dollars and by imprisonment in the state prison for not less than five years nor more than ten years; provided, however, that the sentence imposed upon such person shall not be reduced to less than thirty-six months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served thirty-six months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty-six months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.

If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense six or more times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than eight thousand nor more than two hundred thousand dollars and by imprisonment for not less than twenty years or by a fine of not less than eight thousand nor more than two hundred thousand dollars and by imprisonment in the state prison for not less than twenty years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred eighty months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served one hundred and eighty months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such one hundred and eighty months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers."