SENATE DOCKET, NO. 983        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1042

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael O. Moore

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act allowing for the decriminalization of minor offenses.

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PETITION OF:

SENATE DOCKET, NO. 983        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1042

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act allowing for the decriminalization of minor offenses.

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 21D of chapter 40 of the General Laws as appearing in the 2010 Official Edition is hereby amended by inserting in line 2 after the word “of” the following language:-

“misdemeanors not ineligible for decriminalization under chapter two hundred seventy seven section seventy C, any matters deemed civil infractions by any general or special law, and any”

SECTION 2. Section 21D of chapter 40 of the General Laws as appearing in the 2010 Official Edition is hereby amended by inserting after line 4 the following paragraph:-

“A police officer taking cognizance of any such violation may request the offender to state his name and address. Whoever, upon such request, refuses to state his name and address, or states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished by a fine of not less than twenty nor more than fifty dollars. Any such offender who refuses upon such request to state his name and address or states a false name and address or a name and address which is not his name and address in ordinary use may be arrested without a warrant.”

SECTION 3. Section 21D of chapter 40 of the General Laws as appearing in the 2010 Official Edition is hereby amended by inserting in line 6 after the word “a” the following words:- “misdemeanor, civil infraction,”

SECTION 4. Section 21D of chapter 40 of the General Laws as appearing in the 2010 Official Edition is hereby amended by striking in line 8 the following words:- “shall, or, if so provided in such ordinance or by-law,” The comma after “may” in line 8 shall also be stricken.

SECTION 5.  Section 21D of chapter 40 of  the General Laws in the 2010 Official Edition is hereby amended by inserting in  line 64 after the word “appropriate” the following words:- “,misdemeanor, civil infraction,”

SECTION 6. Section 21D of chapter 40 of the General Laws is hereby amended by inserting in  line 64 after the word “regulation.” the following words:- “Such persons shall also be punished by a fine of not less than twenty nor more than fifty dollars. If the person fails, without good cause, to appear in response to the summons, and the court has satisfactory proof of service of said summons, an arrest warrant may be issued, and shall be served by any officer authorized to serve criminal process.”