Budget Amendment ID: FY2012-S3-109

JUD 109

Reclassification of Certain Misdemeanors

Ms. Creem moved that the proposed new text be amended by adding at the end thereof the following 3 sections:

Section ___.  Section 30A of Chapter 266 is hereby amended by striking the sixth paragraph in its entirety and inserting in place thereof the following:-

"Any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart; and where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed four hundred dollars, for a second offense by a fine of not less than two hundred nor more than eight hundred dollars and for a third or subsequent offense by a fine of not more than one thousand dollars. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.  Nothing herein shall prevent the court from requiring restitution to be paid to the victim."

Section ___.  Section 23 of Chapter 90 of the general laws is hereby amended by striking the first sentence of the second paragraph in its entirety and inserting in place thereof the following:-

"Notwithstanding the preceding paragraph or any other general or special law to the contrary, whoever has not been twice previously found responsible for or convicted of, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not twice been rendered on, a complaint charging a violation of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate shall be punished by a fine of not more than $500."

Section __.  Section 34J of Chapter 90 of the general laws is hereby amended by striking the fourth paragraph in its entirety and inserting in place thereof the following:-

"Notwithstanding any general or special law to the contrary, whoever violates this section and has not been twice 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 twice previously been rendered, on a complaint charging a violation of this section shall be punished by fine of not more than $1000."