HOUSE DOCKET, NO. 1152        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1276

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael A. Costello

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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 relative to civil infractions for juveniles.

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PETITION OF:

HOUSE DOCKET, NO. 1152        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1276

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 419 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to civil infractions for juveniles.

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.  The first sentence of the second paragraph of section 23 of chapter 90 of the General Laws, appearing in the 2010 Official Edition, is hereby amended by inserting after the words, “not more than $500”, the following:-

; provided further, that notwithstanding any general or special law to the contrary, a finding of delinquency shall not be entered against any person against whom such a complaint has been issued

SECTION 2.  The fourth paragraph of section 34J of said chapter 90 of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following:-

; provided further, that notwithstanding any general or special law to the contrary, any person who violates this section and has not been previously determined responsible for or convicted therefor, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not previously been rendered, shall not have a finding of delinquency entered against him

SECTION 3.  Section 52 of chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the definition of “Delinquent Child” in the second paragraph and inserting in place thereof the following new definition:-

“Delinquent Child”, a child between seven and eighteen who commits any offense against a law of the commonwealth, provided however, that such offense shall not include a civil infraction, a violation of any municipal ordinance or town by-law, or a misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than six months, or both such fine and imprisonment.

SECTION 4. Said section 52 of said chapter is hereby further amended by inserting at the end thereof the following new definition:-

“Civil Infraction”, a violation for which a civil proceeding is allowed, and for which the court shall not appoint counsel, or sentence any term of incarceration.

SECTION 5.  Section 53 of chapter 272 of the General Laws, as appearing in the 2010 Official Edition, is hereby further amended by inserting at the end thereof the following new clause:-

(c) Notwithstanding any general or special law to the contrary, any person who violates clause (a) or (b) of this section shall not have a finding of delinquency entered against him.

SECTION 6.  Paragraph 1 of section 70C of chapter 277 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in the second sentence the words:-  “chapter 119,”