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Bill > H1576


MA H1576

MA H1576
An act relative to appeals


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 motor vehicle parking and bicyclist traffic violation appeals. The Judiciary.

AI Summary

This bill proposes changes to how appeals for certain traffic violations are handled, specifically for parking tickets and violations by bicyclists. Instead of the current process which involves "judicial review as provided by section fourteen of chapter thirty A" (a formal legal process for reviewing decisions of lower courts or administrative agencies), this bill aims to allow appeals to be heard in "small claims court," which is a simpler and less formal court designed for resolving minor disputes. For parking ticket appeals to small claims court, the filing fee would be capped at 25% of the ticket amount or $20, whichever is less, and this fee would be refunded if the ticket is dismissed or reduced. Similarly, for traffic violations by bicyclists, the filing fee for an appeal to small claims court would have the same cap and refund policy. The bill also clarifies that decisions made by a justice in noncriminal hearings for bicyclist traffic violations will be final, subject to review in small claims court. The underlying principles of judicial review will still guide these small claims court proceedings.

Committee Categories

Justice

Sponsors (5)

Last Action

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

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