SENATE, No. 2072

SECTION 1. Title of the Act.   

This act shall be known as the “Drowsy Driving Act of 2008,” and may also be referred to as “Rob’s Law,” in memory of Major Robert Raneri, United States Army Reserve, who was killed on June 26, 2002 by an admitted drowsy driver on his way to work at Fort Devens where he serves as Provost Marshal of the 655^th Area Support Group’s Military Police.

SECTION 2.  Including Sleep Issues in Driver’s License Examination

Section 8 of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting in the second sentence of the first paragraph, after the words, “shall require,” the following: “provided, however that said examination shall include questions relative to the importance of obtaining adequate sleep and how to recognize the signs of reduced sleep alertness and sleep disorders.”

SECTION 3.  Including Sleep Issues in School Bus Driver’s License Examination Section 8A of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting at the end of second sentence in the second paragraph, the following, “provided, however that said course shall include education about obtaining adequate sleep and how to recognize the signs of reduced sleep alertness and sleep disorders.”

SECTION 4.  Expert in Sleep Disorders to Serve on Registry’s Medical Advisory Board

Section 8C of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting at the end of the first sentence, after the word “optometrist,” the following, “and provided, further, that at least one of the physicians shall have expertise in sleep disorders and/or the effects of sleep deprivation.”

SECTION 5.  Inclusion of Drowsy Driving as a Factor in Determining Habitual Traffic Offenders

Section 22F of chapter 90 of the general laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting in the first paragraph after the words “operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered,” the following: “, including whether the driver is drowsy from lack of sleep,” and further amended in the same paragraph, by inserting after the words, “application for registration of a motor vehicle,” the following: “or fails to provide truthful information on an accident report.”

SECTION 6.  Establishing Crime of Sleeping While Driving.

Section 24 of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended in subsection 1 (a) 1, by inserting after the words “vapors of glue,” the following: “or who has fallen asleep while driving,”

SECTION 7.  Motor Vehicle Homicide Resulting from Sleeping

Section 24G of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting after the words “vapors of glue,” the following: “or who has fallen asleep while driving,”

SECTION 8.  Training for Police in Recognition of Sleep Deprivation

Section 24M of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting after the words “alcohol education” in clause (1), the words “and education to recognize signs of reduced alertness from sleep deprivation or sleep disorders.”

SECTION 9.  Training for Police in Recognition of Sleep Deprivation

Section 24M of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting after the words “alcohol education” in

clause (2), the words “and education to recognize signs of reduced alertness from sleep deprivation or sleep disorders.”

SECTION 10.  Establishment of Enforcement Programs in Sleep Deprivation

Section 24M of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting after the words “alcohol sensitive” in clause (4), the words “and sleep deprivation sensitive.”

SECTION 11. Requirement to Report and Collect Information on Drowsy Driving Accidents

Section 26 of chapter 90 of the general laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting in the first paragraph after the words, “the registrar on a form approved by him,” the following, “including provisions for the collection of information relative to whether drowsiness or sleep caused or contributed to said accident.”

SECTION 12.  Presumption of Sleep Deprivation

Section 29 of chapter 90 of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by inserting after said section the following new section:

        Section 29 ½.  Incapacitated By Sleep Deprivation; Assistance or protective custody

Any person who is incapacitated from sleep deprivation may be assisted by a police officer with or without his consent to his residence, to a facility or to a police station.  To determine for purposes of this chapter only, whether or not such person is impaired by reason of sleep deprivation or disorder, the police officer may request the person to submit to reasonable tests or other evidence as established by regulation by the registrar to determine if the person is incapacitated by reason of sleep deprivation or disorder.

Any person who fails such test or is unable to produce such evidence as may be required shall be presumed incapacitated and shall be placed in protective custody at a police station or transferred to a facility. Any person who successfully passes a test or produces evidence, under this section, shall be presumed not to be incapacitated and shall be released from custody forthwith.

Any person presumed incapacitated and to be held in protective custody at a police station shall, immediately after such presumption, have the right and be informed of said right to make one phone call at his own expense and on his own behalf.  Any person assisted by a police officer to a facility under this section shall have the right to make one phone call at his own expense on his own behalf and shall be informed forthwith upon arriving at the facility of said right. The parent or guardian of any person, under the age of eighteen, to be held in protective custody at a police station shall be notified forthwith upon his arrival at said station or as soon as possible thereafter.

No person assisted to a police station pursuant to this section shall be held in protective custody against his will; provided, however, that an incapacitated person may be held in protective custody at a police station until he is no longer incapacitated or for a period of not longer than twelve hours, whichever is shorter.

A police officer acting in accordance with the provisions of this section may use such force as is reasonably necessary to carry out his authorized responsibilities. If the police officer reasonably believes that his safety or the safety of other persons present so requires, he may search such person and his immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapons which may on that occasion be used against the officer or other person present; provided, however, that if such person is held in protective custody at a police station all valuables and all articles which may pose a danger to such person or to others may be taken from him for safekeeping and if so taken shall be inventoried.

A person held in protective custody by the police pursuant to the provisions of this section, shall not be considered to have been arrested or to have been charged with any crime. An entry of custody shall be made indicating the date, time, place of custody, the name of the assisting officer, the name of the officer in charge, whether the person held in custody exercised his right to make a phone call, which entry shall not be treated for any purposes, as an arrest or criminal record.

SECTION 13.  Special Commission to Recommend Additional Penalties, Means to Measure Drivers Impaired by Lack of Sleep, and Training Programs for Drivers and Law Enforcement Personnel

Notwithstanding any other general or special law to the contrary, there shall be a special commission to study the impact drowsy driving on the safety of the highways of the Commonwealth and the effects of sleep deprivation on drivers operating on said highways, adjacent parking areas, or any other places.  The commission shall consist of 5 members appointed by the speaker of the house, including the house chair of the joint committee on public health, the house chair of the joint committee on the judiciary, and the house chair of the joint committee on public safety; 5 members appointed by the senate president, including the senate chair of the joint committee on public health, the senate chair of the joint committee on the judiciary and the senate chair of the joint committee on public safety, the secretary of the executive office of public safety or his designee, the registrar of motor vehicles or his designee, the commissioner of public health or his designee, the president of the Massachusetts district attorneys association or his designee, the president of the Massachusetts Association of Chiefs of Police or his designee and 5 persons to be appointed by the governor, three of whom shall be members of the medical or academic community with specialty experience in sleep deprivation research, one of whom shall be a representative of the Massachusetts trial lawyers association, and one of whom shall represent victims who have been injured or killed by a drowsy driver .  The commission shall study the impact of drowsy driving on the safety of the highways of the Commonwealth with respect to determining scientific or other evidence that should be used by police officers in determining the effects of sleep deprivation on drivers, the appropriate sanctions for operating under the influence of sleep deprivation, the training requirements that shall be followed by driver education programs licensed in the Commonwealth and police training programs with respect to recognition of the symptoms and effects of sleep deprivation on drivers, and shall submit a report, including legislative recommendations, if any, to the clerk of the house of representatives who shall forward the same to the joint committee on health care, the joint committee on criminal justice, the joint committee on public safety, and the house and senate committee on ways and means, and to the registrar of motor vehicles, including administrative recommendations, if any, on or before December 1, 2008.

SECTION 14.  Effective Dates.

Sections 6 and 7 of this act shall take effect on January 1, 2009.  The balance of the act shall take effect upon passage.