Bill Text: MA H3632 | 2009-2010 | 186th General Court | Introduced

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Bill Title: Blood alcohol testing

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 9/29 at 1:00 PM in Hearing Room B1 [H3632 Detail]

Download: Massachusetts-2009-H3632-Introduced.html

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The Commonwealth of Massachusetts

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PRESENTED BY:

Karyn E. Polito

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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 blood alcohol testing.

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PETITION OF:

 

Name:	District/Address:
Karyn E. Polito	11th Worcester
Steven A. Baddour	First Essex
Paul K. Frost	7th Worcester
Todd M. Smola	1st Hampden

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1894 OF 2007-2008.]

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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An Act relative to blood alcohol testing.

��������������� 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. Subsection (e) of Section 24 of Chapter 90 of the General Laws, is hereby amended by striking the words �at the time of the alleged offense� in lines 463-464, and inserting in place thereof the following:� �within 2 hours of the alleged offense�.

����������� SECTION 2.� Subparagraph (iii) of paragraph (1) of subsection (f) of Section 24 of said Chapter 90 is further amended by striking the following words in lines 571-580 of paragraph 2:� �provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section twenty-four G or twenty-four L, 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�.

����������� SECTION 3.� Paragraph 1 of subsection F of Section 24 of said Chapter 90 is further amended in line 515 by inserting after the words �under the influence of intoxicating liquor.�, the following words:-- �In the event that a person operating a motor vehicle on a public way causes or is involved in a collision with another motor vehicle or another person that results in the death of one or more persons, that person shall be subject to a chemical analysis of his breath or a blood test.�.