Bill > H1293

This bill amends Chapter 90 of the General Laws concerning homicide by motor vehicle. Specifically, it revises Section 24G, which deals with vehicular homicide while under the influence of an intoxicating substance. The bill clarifies that operating a motor vehicle recklessly or negligently while under the influence of alcohol (with a blood alcohol content of 0.08% or greater), marijuana, narcotic drugs, depressants, stimulant substances, or glue vapors, and causing the death of another person, constitutes homicide by a motor vehicle while under the influence of an intoxicating substance. For this offense, the punishment is imprisonment in state prison for a minimum of five years and a maximum of fifteen years, or imprisonment in a jail or house of correction for at least two and a half years, along with a fine of up to $5,000. Importantly, the bill mandates that individuals convicted under this subsection must serve at least two and a half years of their sentence before being eligible for probation, parole, furlough, or sentence reductions, with limited exceptions for temporary release for specific humanitarian or work-related purposes. Additionally, the bill amends subsection (b) of Section 24G to define homicide by a motor vehicle, which occurs when operating a vehicle recklessly or negligently, or while under the influence of intoxicating substances as described above, and causing another person's death, with penalties including imprisonment in a jail or house of correction for at least two and a half years and a fine.