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Two Ch 90 proposed bills

(Click here to view the original thread on the MassCops Message Board)


Posted by: Crvtte65

http://www.mass.gov/legis/bills/sena...02/st02061.htm
http://www.mass.gov/legis/bills/sena...02/st02108.htm

Senate Bill 2061 and Senate Bill 2108

Bill 2061 actually in Section 9 has the same proposal as the entire 2108 (at least online) but whatever. Basically, it requires someone to be "natural" (US citizen)and licensed by the registrar to register a MV. Course it has an "out" where it says "Except as otherwise provided in this chapter or in regulations adopted by the registrar"... so that gives the RMV to completely disregard it. Another section of this one is to increase the penalties of minors procuring alcohol from $300 to $500 and subsequent not more than $1000 +/or not more than 90 days HOC

#2108 increases penalties for 90/10 (from $100-200) to $500 1st offense, $500-1000 +/or 10 days HOC for 2nd offense, $1000-2000 +/or HOC 30 days for 3rd/subsequent offense

#2061
Quote:
AN ACT relative to motor vehicle registrations

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. The first paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- If the owner is a corporation or business entity the application shall contain the name of the corporation or business entity, the full address, including the street, city or town, state and zip code, the federal tax identification number if a corporation and the social security number if the business entity is a sole proprietorship and does not have a federal tax identification number. If an applicant is a natural person, the application shall contain his name, full residential address, date of birth, his license number or identification card number as issued by the registrar and such other particulars as the registrar may require. Except as otherwise provided in this chapter or in regulations adopted by the registrar, no registration shall be issued for a motor vehicle or trailer owned or leased by a natural person unless 1 of its registering owners or lessees holds a valid license or identification card issued by the registrar.

SECTION 2. Said section 2 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “trailer” in line 10, the following words:- to be registered.

SECTION 3. Said section 2 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “statement” in line 13, the following word:- signed.

SECTION 4. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 21 to 23, the words “register in a book or upon suitable index cards to be kept for the purpose the motor vehicle or trailer described in the application, giving to the vehicle” and inserting in place thereof the following:- keep a record of motor vehicles and trailers that satisfy the application requirements, assign to each motor vehicle and trailer.


SECTION 5. Section 34A of Chapter 138 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in lines 7 and 16 by striking out the word “three” and inserting in place thereof the word “five”.


SECTION 6. Said Section 34A is hereby further amended by adding the following after line 24: -
Each subsequent violation of this Section shall be punishable as a misdemeanor and by a fine of not more than one thousand dollars or imprisonment for not more than three months, or both.

SECTION 7. Section 34B of Chapter 138 of the General Laws, as so appearing in the 1994 Official Edition, is hereby amended by striking out lines 35 through 41, inclusive.


SECTION 8. Said Section 34B is hereby amended by inserting the following after line 34: -
Any person who transfers, alters, defaces, uses or carries any such card or license or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining such card or license, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars. Each subsequent violation of this Section shall be punishable as a misdemeanor and by a fine of not more than one thousand dollars or imprisonment for not more than three months, or both. Any person who makes, sells or distributes a false identification card shall be guilty of a felony and shall be punished by a fine of not more than five thousand dollars or imprisonment for not more than five years, or both.
S
ECTION 9. Section 20 of chapter 90 of the General Laws, as appearing in the 2004 official edition, is hereby amended in line 10 by striking the words “of not less than one hundred nor more than two hundred dollars” and further amended by inserting in place thereof the following: -
of five hundred dollars for a first offense, by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not more than ten days, or both, for a second offense, by a fine of not less than one thousand nor more than two thousand dollars or by imprisonment for not more than thirty days, or both, for any subsequent offense

.


#2108
Quote:
AN ACT increasing penalties for driving without a license or registration

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 20 of chapter 90 of the General Laws, as appearing in the 2004 official edition, is hereby amended in line 10 by striking the words “of not less than one hundred nor more than two hundred dollars” and further amended by inserting in place thereof the following: -
of five hundred dollars for a first offence, by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not more than ten days, or both, for a second offence, by a fine of not less than one thousand nor more than two thousand dollars or by imprisonment for not more than thirty days, or both, for any subsequent offence




Posted by: CJIS

Looks good to me



Posted by: Wolfman

Is it decriminalizing first offense unlicensed? In that case, you can no longer arrest an illegal for operating a car unless you can prove a second offense...looks like someone's trying to slip one by us.



Posted by: 94c

I don't believe unlicensed every carried anything but a fine.
It was just arrestable because of 90-21



Posted by: Wolfman

Unlicensed as it is now is still a criminal offense, even though offenders never see the inside of a jail. I don't believe you can make an arrest for a strictly civil infraction, which is what the new "fine only" for 1st offense unlicensed would be under the proposed law. Since there is no possibility of imprisonment or criminal complaint, ther can not be an arrest or summons option. That's going to severely hobble bringing in illegals for unlicensed and running them through the system to find aliases and old warrants.

This will also have an impact on an operator who is suspended or revoked out of state but driving in MA. As they are technically unlicensed, the arrest option may be going out the window if all you can do is write a civil infraction for 1st offense.

It makes things easier on the courts but tightens the cops leashes quite a bit. A stiffer fine is no substitute for the option of arrest.



Posted by: Crvtte65

The only thing that it changes is the fine amount, and adds subsequent offenses. The current is fine only for first and all after that so there is no difference



Posted by: Wolfman

I tried reading 90-20 and got dizzy. Just so long as this doesn't undermine the arrest option for 1st offense...that's all. I'm done. Donde esta mi cerveza proxima?



Posted by: dcs2244

Halp us Jon Carry...



Posted by: USMCTrooper

Quote:
Originally Posted by Crvtte65
Senate Bill 2061 and Senate Bill 2108

Bill 2061 actually in Section 9 has the same proposal as the entire 2108 (at least online) but whatever. Basically, it requires someone to be "natural" (US citizen)and licensed by the registrar to register a MV. Course it has an "out" where it says "Except as otherwise provided in this chapter or in regulations adopted by the registrar"... so that gives the RMV to completely disregard it.
I'm not so sure that is what the "out" you refer to is intended for. A legal permanent resident can get a MA license already under law and therefor is eligible to register a vehicle too. A student, here on a visa for school, can register their car in their name. Lastly, someone here legally as a visitor, can legally drive on their foreign license for up to one year from entering the US here in Massachusetts and as long as they meet other requirements, can register/lease a vehicle here in the Commonwealth. All of those are spelled out in various sections of Chapter 90 already and as for regulations, that may include the Registrar's ability to enter into agreements with other states or countries like the Automobile Traffic Convention listing which countries we recognize licenses from. To me it sounds like more of a stop gap to prevent contradiciton, not an "out".



Posted by: Crvtte65

Examples such as that are fine as far as I'm concerned, but, it would provide the RMV to make any such regulations, such as, anyone can register a vehicle. That's how I am reading it at least.



Posted by: 209

Now if they would just do something with failure to stop for police law. Yes I know you can combine it with OTE but if you have enough for both charges it should be a felony. Felony eluding or something like that.



Posted by: NEPS

Unlicensed operation under GL 90-10 is criminal by virtue of this definition from 90C-1:

"Civil Motor Vehicle Infraction'', an automobile law violation for which the maximum penalty does not provide for imprisonment, excepting: (a) operation of a motor vehicle in violation of the first paragraph of section ten of chapter ninety; (b) a violation of section twenty-five of chapter ninety; and (c) any automobile law violation committed by a juvenile under the age of seventeen who does not hold a valid operators license.

It did not look like this new bill would change that. The offense would still be arrestable under GL 90-21.

I have never seen a person actually convicted of 90-10. These are, as far as I have seen, always dismissed on payment of court costs, at least in the urban district court where I work.





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