Amendment ID: S2942-10

Amendment 10

Diversion only for first offense

Mr. Tarr moves that the proposed new draft be amended by striking line 12-19 in its entirety and inserting in place thereof the following:- "(iv) if the child is charged with an offense listed under the second sentence of section 70C of chapter 277; provided, however, that a child shall be eligible for diversion if the child is charged with a first offense under: (A) paragraph (a) of subdivision 2 of said section 24 of chapter 90; (B) subsection (a) of section 13A of chapter 265; (C) the first paragraph of section 13D of said chapter 265; (D) a first offense under subsection (a) of section 13M of said chapter 265; (E) a first offense under subsection (b) of section 15A of said chapter 265; (F) a first offense under subsection (b) of section 15B of said chapter 265; (G) section 13A of chapter 268; or (H) section 13C of said chapter 268".