The Massachusetts House has unanimously approved a bill that removes automatic driver’s license suspensions for people convicted of lower-level drug offenses.
The Berkshire Eagle reports that the House unanimously approved the bill by a 156-0 margin and it went on to clear the Senate by another unanimous vote of 38-0 the following day. It now only needs the signature of Massachusetts Gov. Charlie Baker to be signed into law. Baker has said he wants to first review the details of the bill before signing it, but has indicated that he will support it.
The new law would automatically reinstate any licenses that have been currently suspended under the present law, which was first established in 1989.
A conviction of drug possession will result in a one-year suspension, possession with intent to distribute carries a three-year suspension, and trafficking results in a five-year suspension, according to the Boston Globe. Under the proposed law, offenders would also not be required to pay the current $500 fee to have their licenses reinstated.
“At the time, it was thought it would help if driver’s licenses were suspended for anyone convicted of a drug offense,” said Rep. William Straus, who led negotiations for the House. “Over time, we’ve come to understand it’s much more complicated than that.”
The relatively small percentage of prisoners who are released after less than five years for trafficking crimes would also be able to appeal to the Registry of Motor Vehicles for a hardship license. However, a provision to the bill would still impose automatic license suspensions of up to five years for those convicted of trafficking a drug other than marijuana.
Activists in the state have been fighting against the law for years, arguing that it’s hindering people who have been sober for years from bettering their lives. Many of those suspended have stated that a lack of transportation has prevented them from holding down a job or doing basic errands like grocery shopping. The Massachusetts District Attorneys Association said in a statement last year that license suspensions and reinstatement fees “add to the difficulty people face when trying to reintegrate into society.”
The $500 fee to reinstate a license has proven to be cost-prohibitive for most; state data shows that 5,431 licenses were suspended in 2014, but only 2,441 paid to get them back. The law has also appeared to disproportionately hinder minorities, which represent 44% of those convicted of drug crimes that trigger automatic license suspensions. Many of these minorities also live in low-income neighborhoods.
In recent years, Delaware and South Carolina have repealed license suspension laws for anyone convicted of a non-driving drug crime. The Ohio Legislature is also currently reviewing a bill which would eliminate mandatory suspensions.