Amendment ID: S2185-160-R1

Redraft Amendment 160

Corrective Amendment

Ms. Spilka moves to amend the bill by striking out section 5 and inserting in place thereof the following section:-

“SECTION 5. Section 36 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “said board” and inserting in place thereof the following words:- the department.”; and

in section 6, by inserting after the word “information”, in line 33, the first time it appears, the following words:-  “, except those transmitting expungement orders,”; and

in section 182, in proposed section 57, in proposed subsection (b), by striking out clauses (iii) to (v), inclusive, and inserting in place thereof the following 2 clauses:-

“(iii) detained or released on a condition or combination of conditions under section 58A; or

(iv) temporarily detained for not more than 5 business days to permit revocation of conditional release under section 58B.”; and

in said section 182, by striking out, in line 1422, the words “bail magistrate or a bail magistrate’s” and inserting in place thereof the following words:- “clerk magistrate or a clerk magistrate’s”; and

in said section 182, in proposed section 57, in proposed subsection (c), by striking out paragraph (3) and inserting in place thereof the following paragraph:-

“(3) In any pending case where the defendant has been initially arraigned in the district, Boston municipal or juvenile court and is being subsequently arraigned in superior court for the same or related offenses arising out of the same incident, the superior court may conduct a new hearing under section 58 or, upon motion of the commonwealth, under section 58A; provided, however, that any order of the district, Boston municipal or juvenile court concerning the defendant issued under said section 58 or 58A shall remain in effect until the superior court issues a new order under said section 58 or 58A. In any new hearing in the superior court, the judicial officer shall consider the defendant’s compliance with any previously-ordered conditions of release or probation.

If a defendant has posted bail in the district court or Boston municipal court and has subsequently been arraigned in the superior court for the same offense, the superior court clerk shall notify the district court or Boston municipal court clerk holding the defendant’s bail of such arraignment. Upon such notification, any amount tendered by a defendant in satisfaction of a financial condition in the district court or Boston municipal court shall be carried over to satisfy a financial condition required by the superior court. The judicial officers’ discretion in setting financial conditions shall not be affected by this paragraph.”; and

in said section 182, by striking out, in line 1472, the words “or orally on the record”; and

in said section 182, by striking out, in line 1475, the words “a the office of probation, a pretrial services agency” and inserting in place thereof the following words:- “the office of probation including pretrial services”; and

in said section 182, by striking out, in line 1507, the words “or orally on the record”;

in said section 182, by striking out, in line 1542, the word “records” and inserting in place thereof the following word:- “history”; and

in said section 182, by striking out, in line 1627, the word “and”, the first time it appears, and inserting in place thereof the following word:- “, which”; and

in said section 182, by striking out, in line 1629, the words “it shall”; and

in said section 182, by striking out, in line 1630, the word “and” and inserting in place thereof the following word:- “or”; and

by inserting after section 218 the following section:-

“SECTION 218A.  Section 24 of said chapter 279, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 18, 23 and 28, the words “person’s eighteenth birthday” and inserting in place thereof, in each instance, the following words:- person reaches the age of criminal majority.”; and

in section 17F, inserted by amendment number 23, by inserting after the word “prosecution” the following words:-  “of that person has been terminated in favor of the defendant, until 1 year after the date of conviction; provided, however, that such person may, after receiving notice”.