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  • Acts
  • 2002
  • Chapter 302 AN ACT RELATIVE TO REPEAT OFFENDERS OF THE CRIME OF OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL.

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 24 of chapter 90 of the General Laws, as appearing in the 2000 Official Edition, is herby amended by striking out, in lines 30, 60, 94, 128, 203 and in lines 210 and 211, the words "within ten years".

SECTION 2. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 193 and 194, the words "within a period of ten years immediately".

SECTION 3. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 277, in lines 297 and 298, lines 323 and 324, lines 352 and 353, lines 381 and 382 and in lines 408 and 885, the words "within a period of ten years".

SECTION 4. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 518 and 519, the words "within ten years of the date of the charge in question".

SECTION 5. Section 24D of said chapter 90, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following 2 paragraphs:-

This section shall apply to any person who has never been convicted of operating a motor vehicle while under the influence of intoxicating liquor or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction. This section shall also apply to any person convicted of or charged with operating a motor vehicle while under the influence of intoxicating liquor who has been convicted of such offense or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a single like offense by a court of the commonwealth or any other jurisdiction 10 years or more before the date of the commission of the offense for which he is to be sentenced, once in his lifetime. If, after receiving a sentence for a second disposition pursuant to this paragraph, a person is convicted of an additional operating under the influence of intoxicating liquor all prior convictions or assignments to an alcohol or controlled substances program by a court of the commonwealth or any other jurisdiction shall be counted for purposes of sentencing under subdivision (1) of section 24.

This section shall not apply to any person who caused serious personal injury to or the death of another person during the events that gave rise to the complaint or indictment for operating under the influence of alcohol.

Approved August 30, 2002.