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Bill > S774


MA S774

MA S774
Regarding disposition of certain criminal offenses as civil infractions


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation relative to the disposition of certain criminal offenses as civil infractions. The Judiciary.

AI Summary

This bill proposes changes to Section 70C of Chapter 277 of the General Laws, which deals with how certain criminal offenses are handled. Essentially, it aims to shift the language and process for handling some violations from being "treated" as criminal offenses to being "disposed of" as civil infractions. A civil infraction is a less serious offense than a criminal offense, typically resulting in a fine or other civil penalty rather than a criminal record. The bill clarifies that this disposition as a civil infraction occurs upon the defendant's plea of "responsible" to the infraction, and it removes language that previously allowed for such a disposition based on a court's finding. Furthermore, instead of a "fine," the penalty will now be referred to as a "civil assessment." Finally, the bill adds a provision that if a defendant fails to pay this civil assessment or any restitution, the court can revoke the civil infraction disposition, reinstate it as a criminal charge, and issue a summons or warrant to bring the defendant back to court.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see S2204 (on 04/04/2016)

bill text


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