Amendment ID: S2801-18-R1

Redraft Amendment 18

Implied consent to ensure safety on the roads of the Commonwealth

Mr. Tarr, Ms. Gobi, Messrs. Keenan, O'Connor and Montigny move that the proposed new draft be amended by inserting after section 13 the following section:-

“SECTION 13A. There shall be a special commission on drugged driving to monitor the development of technology and methods related to the reliable testing of individuals operating motor vehicles under the influence of marijuana. The commission shall study: (i) information and data on the development of scientific and medical testing; (ii) potential technological forms of testing; (iii) methods and procedures to facilitate the ability of drug recognition experts to reliably assess marijuana impairment and present evidence in judicial proceedings; (iv) the potential for bias in testing; (v) the admissibility of evidence of impaired driving in court proceedings; (vi) an assessment of the suitability of state open container laws as they pertain to marijuana and recommendations for applicability; and (vii) anything else the commission deems necessary or significant.

The commission shall consist of: the executive director of the Massachusetts cannabis control commission or a designee, who shall serve as chair; the secretary of public safety and security or a designee; the attorney general or a designee; the colonel of state police or a designee; the president of Massachusetts Chiefs of Police Association Incorporated or a designee; the president of the Massachusetts District Attorney’s Association or a designee; the president of the Massachusetts Bar Association or a designee; 2 persons appointed by the president of the American Civil Liberties Union of Massachusetts, Inc., 1 of whom shall be a formerly incarcerated or arrested individual; 1 representative of the committee for public counsel services; 2 persons appointed by Lawyers for Civil Rights, Inc.; the chief executive officer of the AAA Southern New England or a designee; the president of the NAACP New England Area Conference or a designee; 2 persons appointed by The Massachusetts Medical Society; 1 person from organized labor representing police officers; and 2 persons appointed by the executive director of the cannabis control commission who shall be members of the public with expertise in scientific research on or technological development in testing capabilities of these substances. Members of the commission shall serve without compensation.

Annually, not later than January 1, the commission shall submit a report of its findings and recommendations to the joint committee on the judiciary, the joint committee on public safety and homeland security, the joint committee on racial equity, civil rights, and inclusion, the clerks of the house of representatives and the senate, and the chief justice of the trial court of the commonwealth; provided, however, that the commission may submit additional periodic reports as  it determines to be necessary. The first report of the commission shall be submitted not later than January 1, 2024. The final report of the commission shall be submitted not later than January 1, 2034”.