Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for increased funds for the victims and witness assistance programs, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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 8 of chapter 258B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The court shall impose an assessment of no less than fifty dollars against any person who has attained the age of seventeen years and who is convicted of a felony or against whom a finding of sufficient facts for a conviction is made on a complaint charging a felony. The court shall impose an assessment of thirty dollars against any person who has attained the age of seventeen and who is convicted of a misdemeanor or against whom a finding of sufficient facts for a conviction is made on a complaint charging a misdemeanor. The court shall impose an assessment of thirty dollars against any person who has attained the age of fourteen years and who is adjudicated a delinquent child or against whom a finding of sufficient facts for a finding of delinquency is made. The court, including the clerk-magistrate, shall impose an assessment of thirty dollars against any person who fails to pay the scheduled civil assessment for a civil motor vehicle infraction or to request a hearing within the twenty day period provided for in subsection (A) of section three of chapter ninety C, except where the person is required by law to exercise the right to pay before a justice. When multiple criminal offenses arising from a single incident are charged, or when multiple civil motor vehicle infractions arising from a single incident are charged, or when one or more criminal offenses and one or more civil motor vehicle infractions arising from a single incident are charged, the total assessment shall not exceed fifty dollars; provided, however, that the total assessment against a person who has not attained seventeen years shall not exceed thirty dollars. In the discretion of the court, including the clerk-magistrate in the case of a civil motor vehicle infraction that has not been heard by or brought before a justice, any assessment imposed pursuant to this section which would cause the person against whom the assessment is imposed severe financial hardship, may be reduced or waived.

SECTION 2. Section 9 of said chapter 258B, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The proceeds of the fund shall be made available, subject to appropriation, to the board which shall determine the amounts to be disbursed to the district attorney victim and witness assistance programs, described in section five, through formula grants approved by the board; and to the district attorney victim and witness assistance programs, the attorney general, and the parole board for discretionary grants, approved by the board, serving crime victims and witnesses.