SECTION 1.  Section 7 of chapter 90 of the general laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the following sentence:

“Every motor vehicle so operated shall be provided with a muffler or other suitable device to limit the noise emitted by the engine and exhaust and with a suitable bell, horn or other means of signaling, with suitable lamps, and with a lock, key or other device to prevent such vehicle from being set in motion by unauthorized persons, or otherwise contrary to the will of the owner or person in charge thereof.”

And inserting in place thereof, the following new sentence:

“Every motor vehicle so operated shall be provided with a muffler or other suitable device to prevent unnecessary noise; provided, however, that every motor cycle so operated shall be provided with a muffler or other suitable device that produces a sound pressure level of not more than eighty-two decibels or such lower amount of decibels as the Registrar may prescribe. Sound pressure levels in decibels shall be measured on the ""A'' scale of a sound level meter approved by the Registrar. Measurements shall be made of overall vehicle noise at maximum speed at fifty feet in accordance with test procedure SAE J192 of the Society of Automotive Engineers, or with such other test procedure for measurement of sound pressure levels as the registrar may adopt. Every motor vehicle shall be provided with a suitable bell, horn or other means of signaling, with suitable lamps, and with a lock, key or other device to prevent such vehicle from being set in motion by unauthorized persons, or otherwise contrary to the will of the owner or person in charge thereof.”

SECTION 2.  Section 7 of chapter 90 of the general laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the following sentence:

“Every person operating a motorcycle or riding as a passenger on a motorcycle or in a sidecar attached to a motorcycle shall wear protective head gear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating a motorcycle shall permit any other person to ride as a passenger on such motorcycle or in a sidecar attached to such motorcycle unless such passenger is wearing such protective head gear, except that no protective head gear shall be required if the motorcyclist is participating in a properly permitted public parade and is 18 years of age or older. If a motorcycle is not equipped with a windshield or screen, the operator of such motorcycle shall wear eye glasses, goggles or a protective face shield when operating such vehicle.”

And inserting at the end of the first paragraph of said section 7, the following new sentences:

Except as provided in this section, every person operating a motorcycle or riding as a passenger on a motorcycle or in a sidecar attached to a motorcycle shall wear protective head gear, as provided in subsection (a) and no person operating a motorcycle shall permit any other person to ride as a passenger on such motorcycle or in a sidecar attached to such motorcycle unless such passenger is wearing such protective head gear, except that no protective head gear shall be required if the motorcyclist is participating in a properly permitted public parade and is 18 years of age or older. If a motorcycle is not equipped with a windshield or screen, the operator of such motorcycle shall wear eye glasses, goggles or a protective face shield when operating such vehicle.

(a) To provide for the safety and welfare of every person operating a motorcycle or riding as a passenger or in a sidecar attached to the motorcycle, the Registrar shall prescribe minimum safety standards and construction for protective headgear used by motorcyclists in the commonwealth.

(b) The Registrar may adopt any part or all of the American National Standards Institute's standards and construction for protective headgear for vehicular users.

(c) On request of a manufacturer of protective headgear, the department shall make the safety standards prescribed by the department available to the manufacturer.

(d) Penalties relative to not wearing headgear, exceptions.   A person commits an offense if the person: (1) operates, or rides as a passenger, on a motorcycle on a public street or highway; and (2) is not wearing protective headgear that meets safety standards adopted by the Registrar.

(e) A person commits an offense if the person carries on a motorcycle or in a sidecar attached to a motorcycle on a public street or highway a passenger who is not wearing protective headgear,  that meets safety standards and construction adopted by the Registrar.

(f)  It is an exception to the application of Subsection (a) or (b) that if, at the time the offense was committed, the person required to wear protective headgear was at least 21 years old,, had successfully completed, at the expense of the applicant, a motorcycle operator training and safety course as prescribed by the Registrar or has been designated by the Division of Insurance as an experienced rider, and was covered by a health insurance plan providing the person with at least $50,000 in medical benefits for injuries incurred as a result of an accident while operating a motorcycle or riding as a passenger on a motorcycle or in a sidecar attached to a motorcycle .

(g)  The Registry of Motor Vehicles shall promulgate regulations required to implement the provisions of subsection (f).

 (h)  There shall be an assessment of not less than $125 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motorcycle without a helmet or permitting another person to ride as a passenger on said motorcycle or in a sidecar attached to a motorcycle unless exempted pursuant to the provisions of subsection (f); provided, however, that moneys collected pursuant to said assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established by section 59 of chapter 10. In the discretion of the court, an assessment pursuant to this paragraph may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.

(i)  In this section, "health insurance plan" means an individual, group, blanket, or franchise insurance policy, insurance agreement, evidence of coverage, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of a motor cycle accident.

(j)  Any police officer may stop and detain a person who is a motorcycle operator or passenger, to inspect the person's protective headgear for compliance with the safety standards prescribed by the department or to validate the sticker authorizing the exemption granted pursuant to subsection.  The provisions of this section shall be enforced by law enforcement agencies only when an operator of a motorcycle has been stopped for a violation of the motor vehicle laws or some other offense.

SECTION 3.  Chapter 175 of the general laws, as appearing in the 2004 Official Edition is hereby amended by inserting after section 113U, the following new section:

Section 113V.  Insurance companies undertaking to issue motor vehicle liability policies or motor vehicle liability bonds, as defined in section 34A of chapter 90, may issue and deliver policies insuring motorcycles, as defined in section of said chapter 90.  Said motorcycle insurance policies shall be exempt from the provision of sections 113B and 113H.

SECTION 4. Section 8 of chapter 89, as appearing in the 2004 Official Edition, is hereby amended by striking out in the last sentence the words “thirty-five” and replacing it with “three hundred.”

SECTION 5. 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 6. Chapter 90 of the general laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 24P, the following new section:

 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.”

SECTION 7.   This act shall take effect on July 1, 2006.