Print Print
  • Acts
  • 2003
  • Chapter 28 AN ACT TO PROTECT FEDERAL TRANSPORTATION FUNDING AND STRENGTHEN DRUNK DRIVING LAWS.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to avoid loss of life and the loss of federal highway aid funds pursuant to the Federal Transportation Equity Act, 23 U.S.C. section 163, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.

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 hereby amended by inserting after the word "vehicle", in line 4, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 2. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 10, the figure "$125" and inserting in place thereof the following:- $250.

SECTION 3. Paragraph (e) of subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by striking out the third sentence.

SECTION 4. Said section 24 of said chapter 90, as so appearing, is hereby amended by striking out in lines 485 to 488, inclusive, the words "; and if such evidence is that such percentage was eight one-hundredths or more, there shall be a permissible inference that such defendant was under the influence of intoxicating liquor".

SECTION 5. Subparagraph (1) of paragraph (f) of subdivision (1) of said section 24 of said chapter 90 is hereby amended by striking out the third sentence, as amended by section 4 of chapter 302 of the acts of 2002, and inserting in place thereof the following sentence:- If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for at least a period of 180 days, but not more than 1 year for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is under the age of 21 or who has been previously convicted of a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 1 year for such refusal; and provided further, that any person previously convicted 2 or more times for a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 18 months for such refusal.

SECTION 6. Said section 24 of said chapter 90, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 636, the word "ninety" and inserting in place thereof the following figure:- 30.

SECTION 7. Said section 24 of said chapter 90, as so appearing, is hereby amended by striking out, in line 770, the word "$125" and inserting in place thereof the following figure:- $250.

SECTION 8. The first paragraph of section 24D of said chapter 90, as so appearing, is hereby amended by inserting after the word "vehicle", in line 2, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 9. Section 24D of said chapter 90, as so appearing, is hereby amended by inserting after the word "liquor", in line 2, the following words:- , controlled substance or the vapors of glue.

SECTION 10. Said section 24D of chapter 90, as so appearing, is hereby amended by inserting after word "alcohol", in lines 6, 75, 86, 87, 88, 110, 114, 117, 122, 144 and 148, the following words:- or controlled substance abuse.

SECTION 11. Said section 24D of said chapter 90, as so appearing, is hereby further amended by striking out, in line 13, the words "drinking drivers" and inserting in place thereof the following words:- drivers who operates a motor vehicle after or while consuming alcohol, controlled substances or the vapors of glue.

SECTION 12. Said section 24D of said chapter 90, as so appearing, is hereby further amended by striking out, in line 19, the words "of intoxicating liquor" and inserting in place thereof the following words:- and operating with a blood alcohol percentage of eight one-hundredths or greater, or.

SECTION 13. Said section 24D of said chapter 90, as so appearing, is hereby further amended by striking out the fourth paragraph, and inserting in place thereof the following paragraph:-

Upon each disposition under this section, the defendant will surrender any Massachusetts drivers license or permit in his possession to the probation department of that court. The probation department will dispose of the license, and the court shall report the disposition in the case in a manner as determined by the registrar. Notwithstanding the provisions of subparagraph (1) of paragraph (c) of subdivision (2) of section 24, subparagraph (1) of paragraph (f) of subdivision (1) of section 24, and section 24P, a defendant may immediately upon entering a program pursuant to this section apply to the registrar for consideration of a limited license for hardship purposes. The registrar, at his discretion, may issue such license under such terms and conditions as he may prescribe. Any such license shall be valid for an identical 12 hour period, 7 days a week. This provision shall also apply to any other suspensions due to the same incident that may be in effect pursuant to said subparagraph (1) of paragraph (c) of subdivision (2) of section 24, said subparagraph (1) of paragraph (f) of subdivision (1) of said section 24 and section 24P of this chapter. Nothing in this section shall be construed to authorize hardship eligibility if the person is suspended or revoked, or to be suspended or revoked, under any other statute not referenced in this section, or due to any other incident. Failure of the operator to complete his obligations to the program, or remain in compliance with court probation, shall be cause for immediate revocation of the hardship license. In these and all cases where a hardship license is sought by an operator, the probation office for the court where the offender is on probation will, upon request, furnish the registry with documentation verifying the person's status with probation.

SECTION 14. Said section 24D of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 71, 72, 90 and 142, the words "director of the division of alcoholism" and inserting in place thereof the following:- department of public health.

SECTION 15. Said section 24D of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 79, and in lines 113 and 114, and in line 118, the words "division of alcoholism," and inserting in place thereof in each instance, the following words:- department of public health.

SECTION 16. Said section 24D of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 80, 96, and 106, the word "division" and inserting in place thereof in each instance, the following words:- department of public health.

SECTION 17. Said section 24D of said chapter 90, as so appearing, is hereby further amended by striking out, in line 90, the second time it appears, and in lines 94, 147, and 151, the word "director" and inserting in place thereof in each instance, the following words:- department of public health.

SECTION 18. Said section 24D of said chapter 90, as so appearing, is hereby further amended by inserting after the word "alcohol impaired", in line 149, the following words:- or controlled substance abuse-impaired.

SECTION 19. Said section 24D of said chapter 90, as so appearing, is hereby further amended by inserting after the word "alcoholism", in line 153, the following words:- or controlled substance abuse.

SECTION 20. Section 24E of said chapter 90, as so appearing, is hereby amended by inserting after the word "vehicle", in line 2, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 21. Section 24G of said chapter 90, as so appearing, is hereby amended by inserting after the word "vehicle", in line 4, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 22. Said section 24G of said chapter 90, as so appearing, is hereby amended by inserting after the word "vehicle", in line 35, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 23. Section 24J of said chapter 90, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "driving under the influence of intoxicating liquors" and inserting in place thereof the following words:- operating a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or under the influence of intoxicating liquor.

SECTION 24. Section 24L of said chapter 90, as so appearing, is hereby amended by inserting after the word "vehicle", in line 4, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 25. Said section 24L of said chapter 90, as so appearing, is hereby amended by inserting after the word "vehicle", in line 35, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 26. Section 24N of said chapter 90, as so appearing, is hereby amended by striking out, in line 36, the word "ninety" and inserting in place thereof the following figure:- 30.

SECTION 27. The first paragraph of said section 24N of said chapter 90, as so appearing, is hereby amended by striking out the sixth sentence and inserting in place thereof the following:- The defendant's license or permit to operate a motor vehicle shall remain suspended for a period of 180 days; provided, however, that any person who is under the age of 21 or who has been previously convicted of a violation under section 24 or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 1 year for such refusal; provided, further, that any person previously convicted 2 or more times of a violation under section 24 of a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 18 months for such refusal.

SECTION 28. Section 8 of chapter 90B of the General Laws, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 2, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 29. Said section 8 of said chapter 90B, as so appearing, is hereby further amended by striking out, in lines 172 to 174, inclusive, the words "; and if such evidence is that such percentage was eight one-hundredths or more, there shall be a presumption that such defendant was under the influence of intoxicating liquor".

SECTION 30. Section 8A of said chapter 90B, as so appearing, is hereby amended by inserting after the word "commonwealth", in lines 1 and 2 and in line 29, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 31. Section 8B of said chapter 90B, as so appearing, is hereby amended by inserting after the word "commonwealth", in lines 1 and 2 and in line 31 the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 32. Subsection (2) of said section 8B of said chapter 90B, as so appearing, is hereby amended in line 31 by inserting after the word "commonwealth" the following:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

SECTION 33. Section 26 of said chapter 90B, as so appearing, is hereby amended by inserting after the word "vehicle", in line 1, the following words:- with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or.

Approved June 30, 2003.