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Bill > H1601


MA H1601

MA H1601
Relative to court filing fees


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to court filing fees. The Judiciary.

AI Summary

This bill modifies the process for contesting civil motor vehicle infractions, which are violations of traffic laws that are handled outside of the criminal court system. Specifically, it changes how a person who receives a citation for such an infraction can request a hearing to dispute it. The bill clarifies that a violator must request a noncriminal hearing within 20 days of receiving the citation by signing the back of the citation and mailing it to the registrar, who is the official responsible for motor vehicle records. If a violator misses this deadline, they generally won't get a hearing unless the registrar determines their failure to act was due to good cause beyond their control. The bill also outlines how the court and the registrar will coordinate to schedule these hearings, and it specifies that if a hearing is held by a magistrate (a judicial officer who is not a judge), either the violator or the police can appeal the decision to a justice, who will rehear the case from the beginning. The bill also states that the citation itself will be considered evidence in these hearings and that parties can request to see relevant documents. Finally, if a violator is found responsible, they will be assessed a fee, the amount of which will be determined by guidelines to ensure consistency, and they will have 20 days to pay this assessment unless granted an extension.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

bill text


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