PETITION OF:

SECTION 1. Section 8 of chapter 89, as appearing in the 1998 Official Edition, is hereby amended by striking out in the last sentence the words “thirty-five” and replacing it with “three hundred.”

SECTION 2. Section 8 of Chapter 89 of the General Laws, as so appearing, is hereby amended by adding at the end of said section the following new paragraph:—

Any person who violates the provisions of the paragraph and as a result causes serious bodily injury or death to another operating a motor vehicle, a motorcycle or bicycle, or as a pedestrian, shall be financially responsible to that injured person or persons, or their Estate, for out of pocket medical or funeral expenses, actual lost wages, above what might otherwise be covered by liability insurance, and to other insurers who may be obligated to pay such medical expenses.

SECTION 3. Adding as Section 24Q of Chapter 90, the following: Chapter 90, Section 24Q:—

Violating the right of way of another motorists, motorcyclists, bicyclists or pedestrians causing serious bodily injuries or death, Imprisonment and Fine, Minimum Sentence; Definition of “Serious Bodily Injury”; Revocation of License, (1) 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 in violation of section eight of chapter eighty-nine, or while under the influence of intoxicating liquor, or marihuana, narcotic drugs, depressants, or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes serious bodily injury to another operating a motor vehicle, a motorcycle or bicycle, or as a pedestrian, shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than ten years and by a fine of not more than five thousand dollars, or by imprisonment in a jail or house of correction for not less than eighteen months nor more than two and one-half years and by a fine of not more than three thousand dollars. The sentence imposed upon such person shall not be reduced to less than eighteen months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least eighteen months of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this subsection 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; or to engage in employment pursuant to a work release program. Prosecutions commenced under this subdivision shall neither be continued without a finding nor placed on file.

The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of this subdivision.

(2) For the purposes of this section “serious bodily injury” shall mean bodily injury which creates a substantial risk of death or which involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time greater than thirty days.

(3) The registrar shall revoke the license or right to operate of a person convicted of a violation of subdivision (1) for a period of five years after the date of conviction. No appeal, motion for new trial or exception shall operate to stay the revocation of the license or the right to operate; provided, however, such license shall be restored or such right to operate shall be reinstated if the prosecution of such person ultimately terminates in favor of the defendant.

(4) 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 while in violation of section eight of chapter eight-nine, or under the influence of intoxicating liquor, or of marihuana, narcotic drugs, depressants, or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes the death of another person while operating a of another motor vehicle, a motorcycle, bicycle or as a pedestrian, shall be guilty of homicide by a motor vehicle in while in violation of section eight of chapter eight-nine, or under the influence of an intoxicating substance, and shall be punished by imprisonment in the state prison for not less than two and one-half years or more than fifteen years and a fine of not more than five thousand dollars, or by imprisonment in a jail or house of correction for not less than two years and one-half years and a fine of not more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least two years of such sentence; provided, however, 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 subsection 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, or to engage in employment pursuant to a work release program. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.

The provisions of section eighty-seven of chapter two hundred and seventy-six, shall not apply to any person charged with a violation of this subsection.

(5) The registrar shall revoke the license or right to operate of a person convicted of a violation of subsection (4) for a period of ten years after the date of conviction for a first offense. The registrar shall revoke the license or right to operate of a person convicted for a subsequent violation of this section for the life of such person, No appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license or of the right to operate; provided, however, such license shall be restored or such right to operate shall be reinstated if the prosecution of such person ultimately terminates in favor of the defendant.”