Bill Text: MA H1764 | 2009-2010 | 186th General Court | Introduced
Bill Title: Notification of admissibility of breathalyzer evidence in drunk driving cases
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 10/27 at 1:00 PM in Hearing Room B1 [H1764 Detail]
Download: Massachusetts-2009-H1764-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Cleon H. Turner
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act Establishing Breathalyzer Admissibility.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Cleon H. Turner |
1st Barnstable |
|
Christopher J. Donelan |
2nd Franklin |
|
Todd M. Smola |
1st Hampden |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE HOUSE, NO. 3667 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act Establishing Breathalyzer Admissibility.
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 24, subsection (e) of Chapter 90 of the general laws shall be amended:
In line 477 by deleting the word, “not” and in line 478 by deleting the word “but” and replacing it with the word, “and”.
Section 24, subsection (f)(1) of Chapter 90 shall be amended by adding after the word, “blood.” A new sentence as follows:
The arresting officer or person advising the arrested person of his right to take a chemical test or analysis of his breath shall advise said person that his refusal to take such test shall be admissible as evidence in any prosecution for operating under the influence of alcohol.
