Bill Text: MA H3630 | 2009-2010 | 186th General Court | Introduced
Bill Title: Further regulating certain drunken driving laws
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 9/29 at 1:00 PM in Hearing Room B1 [H3630 Detail]
Download: Massachusetts-2009-H3630-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Bradley H. Jones, Jr.
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
��������������� Court assembled:
��������������� The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to enhancing Melanie's law.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Bradley H. Jones, Jr. |
20th Middlesex |
|
George N. Peterson, Jr. |
9th Worcester |
|
Viriato Manuel deMacedo |
1st Plymouth |
|
Elizabeth Poirier |
14th Bristol |
|
Paul K. Frost |
7th Worcester |
|
Susan Williams Gifford |
2nd Plymouth |
|
Bradford R. Hill |
4th Essex |
|
Richard J. Ross |
9th Norfolk |
|
Todd M. Smola |
1st Hampden |
|
Robert S. Hargraves |
1st Middlesex |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to enhancing melanie's law.
��������������� 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 (1)(a)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting at the end of the first paragraph the following sentence:-
Any sentence imposed for the above offense shall not run concurrent with a sentence for any prior or subsequent conviction or assignment to an alcohol or controlled substance education program for any like offense in this Commonwealth or any other jurisdiction.
SECTION 2. Section 24 (1)(a)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by deleting the fourth, fifth, sixth and seventh paragraphs and inserting the following paragraphs in their place:-
If the defendant has been
previously convicted or assigned to an alcohol or controlled substance
education, treatment, or rehabilitation program by a court of the commonwealth or
any other jurisdiction because of a like violation preceding the date of
conviction or assignment in the instant case, the defendant shall be punished
by a fine of not less than six hundred nor more than ten thousand dollars and
by imprisonment for not less than sixty days nor more than two and one-half
years; provided, however, that the sentence imposed upon such person shall not
be reduced to less than thirty days, nor suspended, nor shall any sentence run
concurrent with a sentence for any prior or subsequent conviction for any like
offense in this Commonwealth or any other jurisdiction, nor shall any such
person be eligible for probation, parole, or furlough or receive any deduction
from his sentence for good conduct until such person has served thirty days of
such sentence; provided, further, that the commissioner of correction may, on
the recommendation of the warden, superintendent, or other person in charge of
a correctional institution, or the administrator of a county correctional
institution, grant to an offender committed under this subdivision a temporary
release in the custody of an officer of such institution for the following
purposes only: to attend the funeral of a relative; to visit a critically ill
relative; to obtain emergency medical or psychiatric services unavailable at
said institution; to engage in employment pursuant to a work release program;
or for the purposes of an aftercare program designed to support the recovery of
an offender who has completed an alcohol or controlled substance education,
treatment or rehabilitation program operated by the department of correction;
and provided, further, that the defendant may serve all or part of such thirty
day sentence to the extent such resources are available in a correctional
facility specifically designated by the department of correction for the
incarceration and rehabilitation of drinking drivers.
If the defendant has been previously
convicted or assigned to an alcohol or controlled substance education,
treatment, or rehabilitation program by a court of the commonwealth, or any
other jurisdiction because of a like offense two times preceding the date of
conviction or assignment in the instant case, the defendant shall be punished
by a fine of not less than one thousand nor more than fifteen thousand dollars
and by imprisonment for not less than one hundred and eighty days nor more than
two and one-half years or by a fine of not less than one thousand nor more than
fifteen thousand dollars and by imprisonment in the state prison for not less
than two and one-half years nor more than five years; provided, however, that
the sentence imposed upon such person shall not be reduced to less than one
hundred and fifty days, nor shall any sentence run concurrent with a sentence
for any prior or subsequent conviction for any like offense in this
Commonwealth or any other jurisdiction, nor suspended, nor shall any such
person be eligible for probation, parole, or furlough or receive any deduction
from his sentence for good conduct until he shall have served one hundred and
fifty days of such sentence; provided, further, that the commissioner of
correction may, on the recommendation of the warden, superintendent, or other
person in charge of a correctional institution, or the administrator of a county
correctional institution, grant to an offender committed under this subdivision
a temporary release in the custody of an officer of such institution for the
following purposes only: to attend the funeral of a relative, to visit a
critically ill relative; to obtain emergency medical or psychiatric services
unavailable at said institution; to engage in employment pursuant to a work
release program; or for the purposes of an aftercare program designed to
support the recovery of an offender who has completed an alcohol or controlled
substance education, treatment or rehabilitation program operated by the
department of correction; and provided, further, that the defendant may serve
all or part of such one hundred and fifty days sentence to the extent such resources
are available in a correctional facility specifically designated by the
department of correction for the incarceration and rehabilitation of drinking
drivers.
If the defendant has been previously
convicted or assigned to an alcohol or controlled substance education,
treatment, or rehabilitation program by a court of the commonwealth or any
other jurisdiction because of a like offense three times preceding the date of
conviction or assignment in the instant case, the defendant shall be punished
by a fine of not less than one thousand five hundred nor more than twenty-five
thousand dollars and by imprisonment for not less than two years nor more than
two and one-half years, or by a fine of not less than one thousand five hundred
nor more than twenty-five thousand dollars and by imprisonment in the state
prison for not less than two and one-half years nor more than five years;
provided, however, that the sentence imposed upon such person shall not be
reduced to less than twelve months, nor suspended, nor shall any sentence run
concurrent with a sentence for any prior or subsequent conviction for any like
offense in this Commonwealth or any other jurisdiction, nor shall any such
person be eligible for probation, parole, or furlough or receive any deduction
from his sentence for good conduct until such person has served twelve months
of such sentence; provided, further, that the commission of correction may, on
the recommendation of the warden, superintendent, or other person in charge of
a correctional institution, or the administrator of a county correctional
institution, grant to an offender committed under this subdivision a temporary
release in the custody of an officer of such institution for the following
purposes only: to attend the funeral of a relative; to visit a critically ill
relative; to obtain emergency medical or psychiatric services unavailable at
said institution; to engage in employment pursuant to a work release program;
or for the purposes of an aftercare program designed to support the recovery of
an offender who has completed an alcohol or controlled substance education,
treatment or rehabilitation program operated by the department of correction;
and provided, further, that the defendant may serve all or part of such twelve
months sentence to the extent that resources are available in a correctional
facility specifically designated by the department of correction for the
incarceration and rehabilitation of drinking drivers.
If the defendant has been previously
convicted or assigned to an alcohol or controlled substance education,
treatment or rehabilitation program by a court of the commonwealth or any other
jurisdiction because of a like offense four or more times preceding the date of
conviction or assignment in the instant case, the defendant shall be punished
by a fine of not less than two thousand nor more than fifty thousand dollars
and by imprisonment for not less than two and one-half years or by a fine of
not less than two thousand nor more than fifty thousand dollars and by
imprisonment in the state prison for not less than two and one-half years nor
more than twenty years; provided, however, that the sentence imposed upon such
person shall not be reduced to less than twenty-four months, nor suspended, nor
shall any sentence run concurrent with a sentence for any prior or subsequent
conviction for any like offense in this Commonwealth or any other jurisdiction,
nor shall any such person be eligible for probation, parole, or furlough or
receive any deduction from his sentence for good conduct until he shall have
served twenty-four months of such sentence; provided, further, that the
commissioner of correction may, on the recommendation of the warden,
superintendent, or other person in charge of a correctional institution, or the
administrator of a county correctional institution, grant to an offender
committed under this subdivision a temporary release in the custody of an
officer of such institution for the following purposes only: to attend the
funeral of a relative; to visit a critically ill relative; to obtain emergency
medical or psychiatric services unavailable at said institution; to engage in
employment pursuant to a work release program; or for the purposes of an
aftercare program designed to support the recovery of an offender who has
completed an alcohol or controlled substance education, treatment or
rehabilitation program operated by the department of correction; and provided,
further, that the defendant may serve all or part of such twenty-four months
sentence to the extent that resources are available in a correctional facility
specifically designated by the department of correction for the incarceration
and rehabilitation of drinking drivers.
SECTION 3. Section 24 (1)(c)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words �preceding the date of the commission of the offense for which he has been convicted,� in line 5 with the following words:-
�at any time,�.
SECTION 4. Section 24 (1)(c)(2) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words �preceding the date of the commission of the offense for which he has been convicted,� in line 4 with the following words:-
�at any time,�.
SECTION 5.� Section 24 (1)(c)(3) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words �preceding the date of the commission of the offense for which he has been convicted,� in line 4 with the following words:-
�, at any time,�.
SECTION 6. Section 24 (1)(c)(3�) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words �preceding the date of the commission of the offense for which he has been convicted,� in line 4 with the following words:-
�, at any time,�.
SECTION 7. Section 24 (1)(c)(3�) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the words �preceding the date of the commission of the offense for which he has been convicted,� in lines 4 and 5 with the following words:-
�, at any time,�.
SECTION 8. Section 24 (1)(c)(4) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the word, �corrobating� in the second to last line with the following word:-
����������� �corroborating�.
SECTION 9. Section 24 (1)(f)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by replacing the word, �restistrar� in line 29 with the following word:-
����������� �registrar�.
SECTION 9. Section 24 (1)(f)(1) of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by deleting the last paragraph containing the following language:-
No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 13� of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of fact with its decision.
