Budget Amendment ID: FY2021-S4-310-R1

Redraft EPS 310

Strengthening public safety through interlock devices

Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting the following new sections:-

SECTION XX. Subparagraph (1) of paragraph (c) of subdivision (1) of section 24 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentence:-

In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this subparagraph requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

SECTION XX. The fourth paragraph of section 24D of said chapter 90, as so appearing, is hereby amended by adding the following sentence:-

In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this section requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

SECTION XX. Section 19 of chapter 122 of the acts of 2005 is hereby amended by inserting after the word “registry”, in line 7, the following words:- ; provided, however, that approval procedures for ignition interlock device servicing and monitoring entities shall require any entity seeking certification to agree to provide all program costs, including installation, maintenance and removal, at no cost to a person who presents documentation issued by the registrar that such cost would cause a grave and serious hardship to the offender or the offender’s family; provided further, that documentation of grave and serious hardship to the offender or the offender’s family shall include, but not be limited to, evidence of a valid electronic benefit transfer card, evidence of a valid MassHealth benefits card or evidence the offender was appointed counsel or otherwise had their financial status verified after filing an affidavit of indigency; and provided further, that the registrar shall provide notice to a person seeking application for a certified ignition interlock device that the person may obtain a certified ignition interlock device, services and monitoring at no cost if such cost would cause a grave and serious hardship to the offender or the offender’s family.

SECTION XX. Sections XX to XX, inclusive, shall take effect on January 1, 2021.