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HOUSE, No. 2125

By Mr. Hill of Ipswich, petition of Bradford Hill, Bruce E. Tarr and Paul K. Frost relative to the penalty for persons operating motor vehicles involved in police pursuits. Public Safety.

AN ACT RELATIVE TO STRENGTHENING THE LAWS AGAINST MOTOR VEHICLE PURSUITS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 90 of the General Laws is hereby amended by inserting after section 25 the following section:—
Section 25A. Any person who while operating a motor vehicle refuses to stop when signaled to by a police officer, and who then drives in an unsafe or dangerous manner while refusing to stop, shall be punished by imprisonment in the house of correction for up to two and one-half years, or by imprisonment in the State Prison for not more than five years. Upon a conviction of this offense, the Registrar of Motor Vehicles shall suspend the license or right to operate of the individual for five years, and no hearing for a hardship license shall be granted.
Each police department shall have on file an active policy in regards to the procedures to be followed when initiating a motor vehicle pursuit, conduct during the pursuit, and when to terminate said pursuit. The policy shall be filed with the Secretary of Public Safety, and updated by the department every two years, subject to approval by the Secretary. The Secretary of Public Safety shall have the authority to promulgate such regulations as is necessary to set forth the minimum requirements for said policies, and for the timetables and filing requirements of the departments. In no instance shall any act, omission, or failure to comply with the provisions of this paragraph be a defense in a criminal proceeding
for a violation of the first paragraph of this section.


HOUSE, No. 3484

By Mr. Howland of Freetown, petition of Mark A. Howland for legislation to impose imprisonment for persons eluding a policed vehicle. Criminal Justice.

AN ACT RELATIVE TO POLICE PURSUITS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 89 of the General Laws is hereby amended by adding the following section:—
Section 12. Any person who flees or attempts to elude a policed vehicle, while operating a motor vehicle at speeds in excess of the speed limit or who disregards traffic signals shall be punished by imprisonment in the state prison for not more than 5 years.
 

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Gil are these already in effect. It's very confusing because the language looks like it's there.
 

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I don't believe so...
 

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Zombie Hunter
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I can only hope they enact one of these....
 

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I like the felony penalty, if the media hypes it as much as they hype all the chases that go on, maybe people will think twice about an all out chase.

Especially now that the media is really playing up the fact that the police are often blamed for the chase and that Boston PD policy about shooting at moving vehicles. I think that a lot of people think running is a decent option, as they think the PD will terminate the pursuit or not fire on them these days.
 

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Chapter 90 Enforcer
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I don't really like the second one...
Chapter 89 of the General Laws is hereby amended by adding the following section:-
Section 12. Any person who flees or attempts to elude a policed vehicle, while operating a motor vehicle at speeds in excess of the speed limit or who disregards traffic signals shall be punished by imprisonment in the state prison for not more than 5 years.
It seems like if the operator MUST speed in order to violate it... There are plenty of asses that would just drive normally and ignore you until they pull in their drive way...

...and it doesn't include a suspension/revokation of their Driver's License like the first one does. But the first one also says:
Any person who while operating a motor vehicle refuses to stop when signaled to by a police officer, and who then drives in an unsafe or dangerous manner while refusing to stop
...

But then again, we have Ch.90, S.25 D... I'd like the language of these amendments to have a little "less strings attached", but I like the punishments!! Especially the 5 year - no hardship hearing - license Suspension.
 

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mikemac64 said:
Funny thing is, in accrodance with the Interstate Compact, to continue a pursuit over state lines (into RI where I am) you need a felony. In MA, this is a half assed misdemeanor. In RI, failure to stop (ie pursuit) is a felony.
Thats why we call the our beloved state Assachusetts. Assachusetts means everything in our state is done half ass, the politicians are assholes who in turn legislate backward ass laws.
 

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Discussion Starter #9
mikemac64 said:
Funny thing is, in accrodance with the Interstate Compact, to continue a pursuit over state lines (into RI where I am) you need a felony. In MA, this is a half assed misdemeanor. In RI, failure to stop (ie pursuit) is a felony.
How come they (departments / co's / etc) are always on intercity asking the reason for the pursuit. The usual response is "motor vehicle" followed by the station stating to break it off. What is the penalty in RI for failure to stop anyway?
 

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This reminds me of a very half-assed one sided news show i saw condeming police pursuits. There was a story about officers who were pursuing 2-14 year ols kids who stole a car the kids were flying through the center town blew through a red light and hit another car. There was a infant in the car who lost a leg. The parents were in the interviewed stated that "if the cops never chased them then my son would still have his leg". I got so angry watching this report that i had to change the station. it was so one sided! I felt about the same when i visted that copssuck.net website!
 

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Fleeing and eluding is a felony here in Florida if the suspect drives at a high rate of speed and you have your lights and siren activated, its about time Mass makes it a felony. Its sad that cops get killed in pursuits, yet its still only a misdemeanor.
 

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Grim reaper
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For several years I would play 2 video tapes of news clips while standing tall during the Eastern States Exposition Fair. It used to be a great PR gig for the MSP and people would come talk to you from all over the state, new england, country and world. One video tape was a news report of an hour long pursuit between MA & CT. It started in Hartford for a $25 HOV lane violation. When it was over, the driver had coke in his system, the truck was stolen but yet unknown as such and he had in his possession SS cards, ID's, credit cards from various homes he had burglarized the night before. As the reporter said in closing the story "something the Police didnt even know when they started chasing him in the first place..." I used it to answer every philadelphia lawyer who would say, "you shouldnt chase people for just minor traffic offenses"


The second tape was filmed live by NECN of my classmates funeral, Tpr Mark Charbonnier. After people watching it get over the moving bagpipes, sea of blue et al, they ask how he died. When they hear he was killed by a "paroled murderer" many look stunned and a few have even said "maybe if there was a death penalty"................

yeah maybe................. :(
 

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Okay, Ive been thinking about this for a couple weeks now and found this thread. I know the last post was a year and a half ago but.... I was in a pursuit a few weeks back and it really pissed me off. The idiot ran from us through 2 towns nearly running over a kid on a bike all for what he said was a suspended license and a stolen inspection sticker. (there were much more charges though). At any rate if we could get a law like this with stiff penalties and have the media put it out there it would be great. As we all know most dumbass's run just because their lic. is susp.. If the penalties were more that $100 for failing to stop for police maybe they would think twice. Oh, and yeah pretty stupid that the fine is lower for running from the police than running a stop sign ($150). What ever im so pissed at the inadequate punishment for this.
 
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