By Mr. Hynes of Marshfield, petition (accompanied by bill, House, No. 1493) of Frank M. Hynes and others relative to evidence and convictions for driving under the influence.  The Judiciary.

 

The Commonwealth of Massachusetts

——————

PETITION OF:

 


Frank M. Hynes

Brian P. Wallace

Barbara A. L'Italien

Timothy J. Toomey, Jr.

John A. Lepper

 

 


 

——————

In the Year Two Thousand and Seven.

——————

 

 An Act relative to driving under the influence

 

    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. Paragraph (e) of section 24 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentences:-

 

Evidence that the defendant refused to consent to such test or analysis shall be admissible against him in a civil or criminal proceeding and in any action by the registrar under paragraph (f) or in any proceedings provided for in section 24N.   Such refusal shall automatically result in the suspension of his license, notwithstanding the result of any criminal proceeding.

 

SECTION 2.  Paragraph (c) of subdivision (1) of said section 24 of said chapter 90 is hereby amended by striking out subparagraph (3), as inserted by section 7 of chapter 122 of the acts of 2005, and inserting in place thereof the following paragraph:-

 

(3) A conviction of any provision of this section shall, upon issuance of a new license or hardship license, required that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by such convicted  person.