SENATE DOCKET, NO. 92 FILED ON: 1/10/2009
SENATE . . . . . . . . . . . . . . . No. 1742
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Joan M.
Menard
_______________
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 improving apprehension of drunk drivers and other law viol
ators.
_______________
PETITION OF:
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Name:
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District/Address:
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Joan M.
Menard
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First Bristol and Plymouth
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Bruce E. Tarr
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First Essex and Middlesex
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Michael R. Knapik
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Second Hampden and Hampshire
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Cheryl A. Coakley-Rivera
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10th Hampden
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George N. Peterson,
Jr.
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9th Worcester
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Karyn E. Polito
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11th Worcester
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William N. Brownsberger
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24th Middlesex
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Angelo J. Puppolo, Jr.
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12th Hampden
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Todd M. Smola
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1st Hampden
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Carolyn Dykema
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8th Middlesex
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Jennifer L. Flanagan
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Worcester and Middlesex
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James Dwyer
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30th
Middlesex
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Susan Williams Gifford
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2nd Plymouth
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Michael Brady
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9th Plymouth
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Richard J. Ross
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9th Norfolk
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Gale D. Candaras
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First Hampden and Hampshire
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Geraldo Alicea
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6th Worcester
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Patricia A. Haddad
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5th Bristol
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Jonathan Hecht
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29th Middlesex
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Harold P.
Naughton, Jr.
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12th Worcester
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[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. S00947 OF 2007-2008.]
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act improving apprehension of drunk
drivers and other law violators.
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 98A of Chapter 41 of the General Laws as appearing in the 2006 Offi
cial Edition is amended by replacing the entire section with the following:
A police officer of a city or town may stop a person or vehicle in a city or town that borders the officer’s city or town if the officer has reason to believe that the person or ve
hicle recently traveled through his or her city or town under circumstances where the officer would have had the authority to stop the person or vehicle for the purpose of making an arrest, placing an operator in protective custody, issuing a citation or t
aking any other enforcement action. Said officer may return any person so arrested or placed in protective custody to the jurisdiction wherein said offence was committed or other condition or violation was observed. No criminal case shall be dismissed, and
no evidence in a criminal case shall be suppressed, based on the fact that a stop of a person or motor vehicle did not comport with this section. Nothing contained in this section shall be construed as limiting the powers of a police officer to make arres
ts and in so far as possible this section shall be deemed to be declaratory of the common law of the commonwealth.
