The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to fleeing a pursuing law enforcement officer's motor vehicle. |
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. Chapter 268 of the General Laws, as
appearing in the 2000 Official Edition, is hereby amended by adding the
following section:—
Section 41. (a) Any person who, while operating a motor vehicle and with the
intent to evade, willfully flees or otherwise attempt to elude a pursuing law
enforcement officer’s motor vehicle, and the law enforcement officer’s motor
vehicle is exhibiting at least one flashing, rotating, or oscillating blue
light as specified in section 7E of chapter 90 of the General Laws, and the
person either sees or reasonable should have seen such light; the law
enforcement officer’s motor vehicle is sounding a siren as may be reasonably
necessary; the law enforcement officer’s motor vehicle is distinctively marked;
and the law enforcement officer’s motor vehicle is operated by a law
enforcement officer who is wearing a distinctive uniform, shall be punished by
imprisonment in a jail or house of correction for not more than two and one
half years or by a fine of not more than $1,000, or by both fine and
imprisonment.
(b) Any person who flees or attempts to elude a pursuing law enforcement
officer in violation of paragraph (a) and who drives his vehicle in a willful
or wanton disregard for the safety of persons or property, shall be punished by
imprisonment in the state prison for not more than five years or imprisonment
in a jail or house of correction for not more than two and one half years or by
a fine of not more that $10,000, or by both such fine and imprisonment.
For purposes of this paragraph, “willful or wanton disregard for the safety of
persons or property” shall include, but not be limited to, driving while
fleeing or attempting to elude a pursuing law enforcement officer during which
time either three or more violations of traffic law or damage to property
occurs.
(c) Any person who flees or attempts to elude a pursuing law enforcement
officer in violation of paragraph (a) and who proximately causes death or
serious bodily injury to any person, shall by punished by imprisonment in the
state prison for not more than ten years or imprisonment in a jail or house of
correction for not more than two and one half years or by a fine of not more
than $10,000, or by both such fine and imprisonment. For purposes of this
paragraph “serious bodily injury” shall mean a serious impairment of physical
condition, including, but not limited to the following: loss of consciousness,
concussion; bone fracture; protracted loss or impairment of function of any
bodily member or organ; a wound requiring extensive suturing; and serious
disfigurement.