Bill
Bill > S2218
MA S2218
Relative to the admissibility of evidence in a prosecution for operating under the influence
summary
Introduced
11/22/2017
11/22/2017
In Committee
11/22/2017
11/22/2017
Crossed Over
Passed
Dead
12/31/2018
12/31/2018
Introduced Session
190th General Court
Bill Summary
Relative to the admissibility of evidence in a prosecution for operating under the influence
AI Summary
This bill amends the Massachusetts laws to allow for the admissibility of evidence from the horizontal gaze nystagmus (HGN) test in prosecutions for operating under the influence of intoxicating substances, including alcohol, central nervous system depressants, dissociative anesthetics, and toxic vapors. The bill establishes a permissible inference of impairment if four or more indicators of impairment are detected during the HGN test, and a permissible inference of no impairment if fewer than two indicators are detected. If two or three indicators are present, there is no permissible inference. The bill also allows courts to take judicial notice of the National Highway Traffic Safety Administration's guidelines for the proper administration of the HGN test.
Committee Categories
Justice
Sponsors (0)
No sponsors listed
Last Action
Accompanied a study order, see S2313 (on 03/01/2018)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/190/S2218 |
| Bill | https://malegislature.gov/Bills/190/S2218.pdf |
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