By Mr. Turner of Dennis, petition (accompanied by bill, House, No. 3667) of Cleon H. Turner and others relative to notification of admissibility of breathalyzer evidence in drunk driving cases.  Transportation

The Commonwealth of Massachusetts

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PETITION OF:

Cleon H. Turner

Edward M. Augustus, Jr.

Todd M. Smola

Patricia D. Jehlen

Barbara A. L'Italien

Douglas W. Petersen

Christopher J. Donelan

John A. Lepper

Frank M. Hynes

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In the Year Two Thousand and Seven.

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An Act Establishing Breathalyzer Admissibility.

    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, subsection (e) of Chapter 90 of the general laws shall be amended:

In line 477 by deleting the word, “not” and in line 478 by deleting the word “but” and replacing it with the word, “and”.

Section 24, subsection (f)(1) of Chapter 90 shall be amended by adding after the word, “blood.” A new sentence as follows: 

The arresting officer or person advising the arrested person of his right to take a chemical test or analysis of his breath shall advise said person that his refusal to take such test shall be admissible as evidence in any prosecution for operating under the influence of alcohol.

SECTION 2. This act shall take effect upon its passage.