Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Section 38 of chapter 276 of the General Laws is hereby amended by adding the following two sentences:- Nothing contained herein shall be construed to prohibit the enforcement of the waiver provisions of Rule 3 of the Massachusetts Rules of Criminal Procedure. A defendant charged with an offense as to which he has the right to be proceeded against by indictment may elect a probable cause hearing in accordance with Rule 3 of the Massachusetts Rules of Criminal Procedure, but in such event shall be deemed to have waived his right to be proceeded against by indictment.