Bill > H3768

This bill amends Chapter 90 of the General Laws concerning homicide by motor vehicle, specifically focusing on offenses committed while under the influence of an intoxicating substance. It revises Section 24G (a) to define vehicular homicide while under the influence as operating a motor vehicle with a blood alcohol content of 0.08% or greater, or while impaired by intoxicating liquor, marijuana, narcotic drugs, depressants, stimulant substances, or glue vapors, and causing the death of another person through reckless or negligent operation that endangers public safety. Penalties for this offense include imprisonment in state prison for five to fifteen years and a fine of up to $5,000, or imprisonment in a jail or house of correction for at least two and a half years and a fine of up to $5,000, with a mandatory minimum of two and a half years to be served before eligibility for probation, parole, or furlough, though temporary releases for specific purposes like funerals or work programs are permitted. The bill also amends subsection (b) to address general vehicular homicide, where a death results from reckless or negligent operation of a motor vehicle, punishable by at least two and a half years in jail or house of correction and a fine of $300 to $3,000. Importantly, the bill clarifies that certain provisions, like continuing a case without a finding or placing it on file, do not apply to charges under this section.