H 4998

SECTION 1. Section 23 of chapter 90 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting, after the fourth paragraph the following 3 paragraphs:- Any person convicted of operating a motor vehicle in violation of section 10 who on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance of a new license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by such operation causes injury to another person shall be punished by incarceration in a house of correction for not more than 2 ½ years or a fine of not more than $1,000, or both such incarceration and fine. Prosecutions commenced under this paragraph shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90 who, on the date of operation was not eligible for issuance or renewal of a license to operate, or to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth, or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which they have been convicted, the person shall be punished by incarceration in a house of correction for not more than 2 ½ years or a fine of not more than $1,000, or both such incarceration and fine. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding. The registrar shall revoke the license or right to operate of a person convicted of a violation of this paragraph for a period of 60 days to 1 year after the date of conviction. No appeal, motion for a new trial or exception 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. Any person convicted of operating a motor vehicle in violation of section 10 of chapter 90 who, on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after their license to operate has been suspended or revoked, or after notice of the suspension or revocation of their right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or to the issuance of a new license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by such operation causes serious bodily injury to another person shall be punished by incarceration in a house of correction for not more than 2 ½ years or in the state prison for not more than 5 years or a fine of not more than $3,000, or both such incarceration and fine. Prosecutions commenced under this paragraph shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90 who, on the date of operation was not eligible for issuance or renewal of a license to operate, or to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which they has been convicted, the person shall be punished by incarceration in a house of correction for not more than 2 ½ years orin state prison for not more than 10 years or a fine of not more than $3,000, or such incarceration and fine. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until they shall have served said 1 year 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 paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding. The registrar shall revoke the license or right to operate of a person convicted of a violation of this paragraph for a period of two years after the date of conviction. 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. Any person convicted of operating a motor vehicle in violation of section 10 who on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after their license to operate has been suspended or revoked, or after notice of the suspension or revocation of their right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or to the issuance to them of a new license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by such operation causes the death of another shall be punished by incarceration in a house of correction for not more than 2 ½ years or in a state prison for not more than 10 years or a fine of not more than $5,000, or both such incarceration and fine. Prosecutions commenced under this paragraph shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate, or to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until they shall have served said 2 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 of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only 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 paragraph shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate, or to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which they has been convicted, the person shall be punished by incarceration in the state prison for not less than 5 years but no more than 15 years or a fine of not more than $5,000, or both such incarceration and fine. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from their sentence for good conduct until they shall have served said 5 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 of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding. The registrar shall revoke the license or right to operate of a person convicted of a violation of this paragraph for a period of 15 years to life after the date of conviction. No appeal, motion for a new trial or exception 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 2. Said section 23 of said chapter 90 is hereby further amended by striking out, in line 148, the words “first or second”, and inserting in place thereof the following words:- first, second, fifth, sixth or seventh. SECTION 3. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby amended by inserting, in line 12, after the word “90B”, the following words:- , sixth or seventh paragraph of section 23 of chapter 90.