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The 192nd General Court of the Commonwealth of Massachusetts


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 11 of chapter 89 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 8, the word "five" and inserting in place thereof the following figure:- 10.

SECTION 2. Said section 11 of said chapter 89, as so appearing, is hereby further amended by inserting after the word "crosswalk", in line 12, the following words:- while a pedestrian is crossing or.

SECTION 3. Said section 11 of said chapter 89, as amended by section 86 of chapter 46 of the acts of 2003, is hereby further amended by striking out the third paragraph and inserting in place thereof the following 2 paragraphs:-

Whoever violates any provision of this section shall be punished by a fine of not more than $200.

Whenever a pedestrian is injured by a motor vehicle in a marked crosswalk, the department of state police or the municipal police department with jurisdiction of the street, in consultation with department of state police if deemed appropriate, shall conduct an investigation into the cause of the injury and any violation of this section or other law or ordinance and shall issue the appropriate civil or criminal citation or file an application for the appropriate criminal complaint, if any. This section shall not limit the ability of a district attorney or the attorney general to seek an indictment in connection with the operation of a motor vehicle which causes injury or death and which violates this section.

Approved August 9, 2004.