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HD 728

An Act relative to the reckless evasion of a police officer

194th Legislature (2025-2026) Introduced by Bill Galvin

Adds a crime for fleeing or eluding police in a motor vehicle with willful or wanton disregard, carrying fines, jail time, and a 60-day license suspension.

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Bill Summary · HD 728

Summary: An Act relative to the reckless evasion of a police officer (HD 728)

Overview

  • Purpose: Establish bolstered penalties for individuals who flee or attempt to elude a police officer while operating a motor vehicle, when done willfully or with wanton disregard for safety. The goal is to deter reckless evasion that endangers officers and the public.
  • Leading sponsor: Representative William C. Galvin (Canton).
  • Legislative status: Proposed bill filed in 2025. The provided materials show the bill as a new measure proposing changes to Chapter 90, with a history of a similar matter previously filed in 2023-2024. Status updates (e.g., committee action, passage) are not included in the provided text.

Key Provisions

  • New Section added: Subsection 25A to Chapter 90 of the General Laws (as appearing in the 2016 Official Edition).
  • Offense covered: Any person who flees or attempts to elude a police officer while operating a motor vehicle, and does so willfully or with wanton disregard for the safety of persons or property.
  • Penalties:
    • Fine: Not less than $100 and not more than $1,000.
    • Imprisonment: Not less than 6 months and not more than 2 years.
    • Both fine and imprisonment are possible.
  • License consequence: A conviction under this section results in a 60-day driver's license suspension by the Registry of Motor Vehicles.
  • Definitional scope of "willful or wanton disregard": Includes, but is not limited to, driving while fleeing or eluding a pursuing officer that results in:
    • Property damage, and/or
    • Three or more moving violations.

Scope and Impact

  • Who is affected: Individuals who flee from or attempt to elude police in motor vehicles, as well as law enforcement and road users who are endangered by such evasion.
  • Legal impact: Creates a new criminal offense with specified penalties and a mandatory temporary license suspension if convicted. It works in addition to, and not as a replacement for, existing laws governing evading police or reckless driving.
  • Potential policy effect: Signals a strong public safety stance against evasion tactics that endanger others; may influence enforcement practices and prosecutorial charging decisions.

Procedural and Timeline Notes

  • Filed date and docket: Filed January 13, 2025; House Docket No. 728; presented as House No. 1707 in the filing records.
  • Historical context: A related measure was previously filed in the 2023-2024 session (House No. 1503).
  • Effective date: The text does not specify an effective date; typically, enactment would follow passage and signing into law.
  • Status: As provided, status is not specified beyond the filing and description as a proposed bill.

Comparison and Context

  • The bill aligns with a broader legislative trend of increasing penalties for dangerous pursuit activities that endanger the public, by adding a distinct offense with clear monetary, custodial, and license-related consequences.
  • The inclusion of explicit examples under “willful or wanton disregard” helps clarify what conduct triggers the offense, though the language remains broad to cover various evasion scenarios.

Compiled from official sources — confirm details with the bill’s official record.

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