Senate Passes Motor Vehicle License Suspension Bill

Today the Massachusetts Senate passed S. 2014, An Act relative to motor vehicle license suspension. This bill repeals the current law that subjects individuals convicted of a non-violent drug offense to an automatic license suspension for up to five years and a license reinstatement fee of $500, even if the offense does not involve motor vehicles in any way. Thirty-four states, including every other New England state, have already taken action to repeal similar laws.

The bill would have no effect on license suspension penalties for driving under the influence of alcohol or other drugs, and only removes the outdated state requirement that penalizes every drug offense with a license suspension, even for non-driving offenses. It will also allow anyone previously subject to this provision to have their license reinstated without a fee.

“Today the Senate took a major step forward in the effort to reform our criminal justice system by passing S. 2014,” said Senator Pat Jehlen (D-Somerville). “This fantastic and long overdue bill stops the automatic suspension of drivers licenses for individuals convicted of drug crimes not related to driving. These suspensions, first implemented in 1991, made no sense, did not make us any safer, did not deter crime, and made it very difficult for ex-prisoners to get and keep a job after they served their time. I am proud that Massachusetts joined the 34 other states that have already repealed this senseless policy – but we have much more work to do.”

Driving records currently include non-driving license suspensions. Prospective employers and others can purchase warrants from the Massachusetts Registry of Motor Vehicles (RMV) for under $10. This can be used as a “back door CORI” check, where employers purchase RMV records for the purpose of obtaining information about criminal records, even if they would normally be sealed, expunged, or shielded by CORI reform.

The bill prevents these checks, which harm the chances of employment for individuals convicted of a drug offense, and shields driving records revealing CORI information from public view. However, information would still be available to RMV employees and others with a legitimate need for access.

“For too long we equated increasing punishment with increasing safety. At the height of the ‘tough on crime’ era, we were regularly ratcheting up punishment, thinking this would deter crime and make our communities safer. But we were mistaken and went way too far. In reality, we made it virtually impossible for someone to ever get back on their feet after being convicted of even a single offense,” continued Jehlen.

“It is hard enough to find a good job without a criminal record. Now imagine the challenges faced by a person released from prison with no money, often no housing, hundreds if not thousands of dollars in fees and fines owed to the state, a large gap in employment history, limited educational history, and numerous legal restrictions on the types of jobs they can perform. With all these barriers to making an honest living, turning back to a life of crime can seem like the only option. This important bill removes one of the most harmful collateral consequences of a criminal conviction but we have many more steps to take to help people become self-sufficient and reintegrate into society.”

Middlesex Sheriff Peter Koutoujian released the following statement:

“I applaud the State Senate for their unanimous vote to repeal automatic license suspensions for those convicted of non-driving drug offenses. The law currently on the books, while well-intentioned, has inadvertently created barriers to employment, health care and substance abuse treatment all of which are critical components for successful re-entry. Removing this hurdle will make re-entry easier, reducing recidivism and increasing public safety.”

– Announcement submitted by State Senator Pat Jehlen’s office. Statement submitted by Middlesex Sheriff Peter Koutoujian’s office