SENATE DOCKET, NO. 966 FILED ON: 1/12/2009
SENATE .
. . . . . . . . . . . . . No. 1782
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Robert A.
O'Leary
_______________
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 Aggravated Drunk Driving.
_______________
PETITION OF:
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Name:
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District/Address:
|
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Robert A.
O'Leary
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Cape and Islands
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Susan C. Tucker
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Second Essex and Middlesex
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Robert L. Hedlund
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Plymouth and Norfolk
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The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act Relative
to Aggravated Drunk Driving.
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 c
hapter 90 of the
g
eneral
l
aws is hereby amended by striking the words “eight one-hundredths or greater” in the first paragraph and inserting in place thereof the following words
:-
“between eight one-hundredths and nineteen one hundredths”
SECTION 2.
Said section 24C of said cha
pter 90, as so appearing, is hereby further amended by adding, at the end of the first paragraph, the following: -
“Provided further, that whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to
which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of two tenths or greater, shall be punished by a fine of not less than one thousand nor more than ten thousan
d dollars or by imprisonment for not more than five years, or both such fine and imprisonment.”
SECTION 3.
Section 24D of said chapter 90, as so
appearing,
is hereby amended
by striking the words “of eight one-hundredths or greater”
and inserting in place thereof the following:-
“
between
eight one-hundredths and nineteen one-hundredths”
SECTION 4.
Said section 24D of said chapter 90, as so appearing, is hereby further amended by inserting, after the words “or any other jurisdictio
n.” in the second paragraph, the following: -
“This section shall not apply to any person convicted of or charged with operating a motor vehicle with a percentage, by weight, of alcohol in their blood of two-tenths or greater.”
SECTION 5.
Said section 24
D of said chapter 90, as so appearing, is hereby further amended
by inserting at the end
thereof, the
following:-
“Notwithstanding any general or special law to the contrary, any person convicted of or charged with a third offense of operating a motor veh
icle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, shall be deemed ineligible for
the
probation and hardship provisions of
this section.”
