SENATE, No. 853

By Mr. Creedon, a petition (accompanied by bill, Senate, No. 853) of Robert S. Creedon, Jr. for legislation to exempt certain criminal misdemeanors from the hearing provisions of G.L. C. 218, Sec. 35a. The Judiciary.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

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 most recently amended by section 200 of chapter 149 of the acts of 2004, is hereby further 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.