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By Mr. Hill of Ipswich, petition (accompanied by bill, House, No. 1487) of Bradford Hill relative to the penalty for persons operating motor vehicles involved in police pursuits. The Judiciary. |
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 strengthening the laws against motor vehicle pursuits. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
An Act relative to strengthening the laws against motor vehicle pursuits.
SECTION 1.
Chapter
90 of the General Laws is hereby amended by inserting after section 25 the
following section:—
Section 25A. Any person who while operating a motor vehicle refuses to stop
when signaled to by a police officer, and who then drives in an unsafe or
dangerous manner while refusing to stop, shall be punished by imprisonment in
the house of correction for up to two and one-half years, or by imprisonment in
the State Prison for not more than five years. Upon a conviction of this
offense, the Registrar of Motor Vehicles shall suspend the license or right to
operate of the individual for five years, and no hearing for a hardship license
shall be granted.
Each police department shall have on file an active policy in regards to the
procedures to be followed when initiating a motor vehicle pursuit, conduct
during the pursuit, and when to terminate said pursuit. The policy shall be
filed with the Secretary of Public Safety, and updated by the department every
two years, subject to approval by the Secretary. The Secretary of Public Safety
shall have the authority to promulgate such regulations as is necessary to set
forth the minimum requirements for said policies, and for the timetables and
filing requirements of the departments. In no instance shall any act, omission,
or failure to comply with the provisions of this paragraph be a defense in a
criminal proceeding for a violation of the first paragraph of this section.