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

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

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael O. Moore

_______________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Michael O. Moore

 

Geraldo Alicea

6th Worcester

Anne M. Gobi

5th Worcester

William N. Brownsberger

 

Richard T. Moore

 

Thomas J. Calter

12th Plymouth

Bradley H. Jones, Jr.

20th Middlesex

Daniel B. Winslow

9th Norfolk

Peter V. Kocot

1st Hampshire

Stephen L. DiNatale

3rd Worcester

Paul Brodeur

32nd Middlesex

William C. Galvin

6th Norfolk

Alice Hanlon Peisch

14th Norfolk

Jennifer E. Benson

37th Middlesex

Geoff Diehl

7th Plymouth

Todd M. Smola

1st Hampden

Carolyn C. Dykema

8th Middlesex

Christopher N. Speranzo

3rd Berkshire

Stephen Stat Smith

28th Middlesex

Jason M. Lewis

31st Middlesex

John D. Keenan

7th Essex

Gailanne M. Cariddi

1st Berkshire

James J. Dwyer

30th Middlesex

F. Jay Barrows

1st Bristol

Sal N. DiDomenico

Middlesex, Suffolk, and Essex

Michael R. Knapik

 

Richard J. Ross

Norfolk, Bristol, and Middlesex

Donald H. Wong

9th Essex

Thomas P. Conroy

13th Middlesex

David T. Vieira

3rd Barnstable

Theodore C. Speliotis

13th Essex

Cleon H. Turner

1st Barnstable

David M. Nangle

17th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

Kimberly N. Ferguson

1st Worcester

John J. Binienda

17th Worcester

Jennifer L. Flanagan

 

David M. Torrisi

14th Essex

Eileen M. Donoghue

 

Matthew A. Beaton

11th Worcester

James Arciero

2nd Middlesex

John V. Fernandes

10th Worcester

Paul W. Mark

2nd Berkshire

Katherine M. Clark

Middlesex and Essex

Colleen M. Garry

36th Middlesex


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

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

By Mr. Moore, petition (accompanied by bill, Senate, No. 1042) of Clark, Mark, Fernandes and other members of the General Court for legislation to allow for the decriminalization of minor offenses [Joint Committee on Municipalities and Regional Government].


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

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.”

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