By Mr. O'Flaherty of Chelsea, petition (accompanied by bill, House, No. 1670) of Eugene L. O'Flaherty to exempt certain criminal misdemeanors from certain hearing provisions.  The Judiciary.

 

The Commonwealth of Massachusetts

——————

PETITION OF:

 


Eugene L. O'Flaherty

 

 


 

——————

In the Year Two Thousand and Seven.

——————

 

 An Act to exempt certain criminal misdemeanors from the hearing provisions of G.L.c.218, sec. 35A.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1.  Section 35A of chapter 218 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

 

                This section shall not apply to (1) substitute complaints that are issued to correct a misstatement or omission of form in an earlier complaint; or (2) complaints for violations of section 82A of chapter 276; or (3) complaints that are issued after the accused was offered an opportunity to be heard pursuant to a civil citation procedure authorized by statute in which the accused was charged with the same conduct as a civil infraction.