House Repeals Mandatory Driver's License Suspensions For Drug Offenders

Framingham State Representative Tom Sannicandro joined fellow lawmakers this week in approving a long-awaited criminal justice reform bill that would repeal a state law mandating automatic driver’s license suspensions for those convicted of drug offenses, whether or not the crime was related to the operation of a motor vehicle.

The retributory measure was enacted in 1989 to satisfy a federal “tough on crime” law that requires states to either institute license suspensions for drug offenses or opt out through a legislative resolution in order to receive federal highway funding.

The Massachusetts law, which requires suspensions for up to five years and levies a $500 reinstatement fee per offense, has worked only to impose significant barriers to successful societal reentry for offenders trying to rebuild their lives and stay out of the criminal justice system after fulfilling prison sentences.

According to data from the Registry of Motor Vehicles, the current policy results in approximately 7,000 suspensions annually, while less than 2,500 individuals are able to pay reinstatement fees to recover their licenses in a given year.

Across the state, 80% of workers commute by car, and in cities and towns outside of Route 128, that figure climbs to 89%. License suspensions for drug offenses unrelated to driving create debilitating practical and financial obstacles for formerly incarcerated individuals seeking social stability, making it harder for them to attain and maintain employment, reconnect with support networks, and reestablish community ties.

“This vote shines a bright light on our state’s evolving understanding of drug policy, and emphasizes our ongoing need to advance an approach to criminal justice and drug law reform that prioritizes treatment and rehabilitation over harmful punitive measures that impede Massachusetts residents from successfully reentering and reengaging their communities,” said Rep. Sannicandro, Chair of the Harm Reduction and Drug Law Caucus.

Filed by Rep. Liz Malia (D-Jamaica Plain), the bill would prevent automatic driver’s license suspensions in cases where a drug crime, such as simple possession, is not related to driving, in addition to closing a “backdoor” CORI loophole by shielding information about license suspensions from the public, which is currently available by request from an RMV database and is often utilized by employers to gather information about an applicant’s criminal history. The bill would not lift suspensions for driving-related drug convictions, and judges would retain the authority to impose suspensions in a case-by-case basis.

In recent years, states nationwide have revised policies that contribute to mass incarceration and exorbitant prison costs, redirecting resources toward substance abuse treatment, mental health services and offender re- entry programs. The bill, which unanimously passed the Senate in September, has received widespread support from law enforcement and public safety officials, including the Massachusetts Attorney General, Massachusetts District Attorneys Association, and several state sheriffs.

An amended version of the bill, which would maintain a mandatory five-year license suspension for anyone convicted of drug trafficking controlled substances excluding marijuana, now moves to conference committee, where legislators will negotiate differences between the House and Senate versions.