Massachusetts Bill Could Let Police Seize ‘Street Takeover’ Cars

BOSTON (WBSM) — State Representative Chris Markey has filed legislation aimed at curbing the “street takeovers” that have recently plagued Massachusetts communities, in which large numbers of vehicles descend upon a community and drive recklessly in an organized effort.

Rep. Markey’s Proposed Legislation

The legislation, if passed, would give law enforcement the power to do something Markey feels will really be a deterrent to such events taking place in the future.

“When you look at what they do and what their prized possession is, it’s their car,” Markey told WBSM’s Chris McCarthy Monday. “They fix up their car, they make it loud, tint the windows, all the stuff and money they put into the car, there is no mechanism to be able to seize that at this point.”

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“An Act Relative to Protecting the Public From Street Takeovers,” or HD5220, was filed by Markey (D-Dartmouth) “in response to the rash of dangerous street takeover events across the Commonwealth” and would allow law enforcement to seize the vehicles involved.

He said that “there are plenty of laws we could charge them with” when it comes to the reckless operation of motor vehicles and the risks posed to public safety – such as when the vehicles blocked an ambulance in Fall River or those involved burned a police car in Boston after shooting fireworks at it – but that none have the same impact as taking the vehicle would.

READ MORE: Five Arrested in Fall River "Street Takeover"

“What would happen is if you were charged with operating recklessly or negligently and you hinder traffic and you're with two or more people…you have the potential to have your vehicle seized,” he said.

“It’s a deterrent, because if you could lose your vehicle, you're not going to do that. If you lose your prize possession, you’re going to change your behavior,” he said. “Hopefully we never have to use it, but it’s a great deterrent not to do it.”

The recent “takeovers” in Boston, Randolph, Brockton, Middleboro and Fall River featured drivers coming from out of state, such as Connecticut and New York, and gathered in places that had been pre-determined online. Many also wore masks over their faces so as not to be identified.

How the Bill Would Work

Markey’s legislation:

• Distinguishes street takeovers from traditional reckless operation of a vehicle
• Allows for the forfeiture of vehicles utilized in street takeovers
• Provides municipalities with the funds received from the sale of those forfeited vehicles
• Elevates a disorderly person or disturber of the peace while masked to a jailable first offense

“It would be having a better ability, more tools for the police to have access to real-time data that can hopefully prevent this,” Markey said.

Broader Applications: Dirt Bikes and ATVs

He said the legislation could also apply to the dirt bikes and ATVs being operated illegally on city streets in places such as New Bedford and Fall River.