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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
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PETITION OF:
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In the Year Two Thousand and Seven.
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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.