Budget Amendment ID: FY2016-S3-634

EPS 634

Decriminalization of Minor Offenses

Mr. Moore moved that the proposed new text be amended by inserting, after section ____, the following 6 sections:-

“SECTION _____.  Section 21D of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the word “of”, in line 2,  the following words:- misdemeanors not ineligible for decriminalization under section 70C of chapter 277, any matters deemed civil infractions by any general or special law, and any.

SECTION _____.  Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting, after the first paragraph, the following paragraph:-

A police officer taking cognizance of any such violation may request the offender to state the offender’s name and address. Whoever, upon such request, refuses to state such name and address, or states a false name and address or a name and address which is not the offender’s name and address in ordinary use, shall be punished by a fine of not less than $20 nor more than $50. Any such offender who refuses upon such request to state the offender’s name and address or states a false name and address or a name and address which is not the offender’s name and address in ordinary use may be arrested without a warrant.

SECTION _____. Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting after the words “violation of a”, in line 7, the following words:- misdemeanor, civil infraction,.

SECTION _____. Said section 21D of said chapter 40, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “shall, or, if so provided in such ordinance or by-law, may,” and inserting in place thereof the following word:- may..

SECTION ______.  Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting after the word “appropriate”, in  line 80,  the following words:- ,misdemeanor, civil infraction,.

SECTION _____. The seventh paragraph of said section 21D of said chapter 40, as so appearing, is hereby amended by adding the following 2 sentences:- Such persons shall also be punished by a fine of not less than $20 nor more than $50. 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.”