Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1765 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1854 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1765
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Todd M. Smola
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to court filing fees.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Todd M. Smola1st Hampden1/17/2023 1 of 3
16	16	HOUSE DOCKET, NO. 1854 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1765
18	18	By Representative Smola of Warren, a petition (accompanied by bill, House, No. 1765) of Todd
19	19	M. Smola relative to court filing fees. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1875 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to court filing fees.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Subsection (A) of section 3 of chapter 90C of the General Laws, as
31	31	2appearing in the 2020 Official Edition, is hereby amended by striking out subdivision (4) and
32	32	3inserting in place thereof the following subdivision:-
33	33	4 (4) A violator may contest responsibility for the infraction by making a signed request for
34	34	5a noncriminal hearing on the back of the citation and mailing such citation to the registrar at the
35	35	6address indicated on the citation within 20 days of the citation.
36	36	7 A violator who does not, within 20 days of the date of the citation, request a noncriminal
37	37	8hearing shall not thereafter be given such a hearing, unless the registrar shall determine that the
38	38	9failure to make such a request timely was for good cause that was not within the control of the
39	39	10violator. The registrar’s determination of such issue shall be final. 2 of 3
40	40	11 The registrar shall notify the clerk-magistrate of the district court for the judicial district
41	41	12in which the infraction occurred of such request for a noncriminal hearing, in such manner as the
42	42	13chief justice of the district court department and the registrar shall jointly determine. Unless a
43	43	14hearing date and time has already been assigned pursuant to procedures jointly established by the
44	44	15chief justice of the district court department and the registrar, the clerk-magistrate shall notify the
45	45	16police agency concerned and the violator of the date and time of the hearing before a magistrate
46	46	17of the court.
47	47	18 If the hearing is conducted by a magistrate other than a justice, either the violator or the
48	48	19police agency concerned may appeal the decision of the magistrate to a justice, who shall hear
49	49	20the case de novo. There shall be no right of jury trial for civil motor vehicle infractions.
50	50	21 In any such hearing before a magistrate or justice, the citation shall be admissible and
51	51	22shall be prima facie evidence of the facts stated therein. Compulsory process for witnesses may
52	52	23be had by either party in the same manner as in criminal cases. On a showing of need in advance
53	53	24of such hearing, the magistrate or justice may direct that the violator be permitted to inspect
54	54	25specific written documents or materials in the possession of the police officer or agency
55	55	26concerned that are essential to the violator’s defense.
56	56	27 At the conclusion of the hearing, the magistrate or justice shall announce a finding of
57	57	28responsible or not responsible. The magistrate or justice shall enter a finding of responsible if it
58	58	29was shown by a preponderance of the credible evidence that the violator committed the
59	59	30infraction alleged; otherwise the magistrate or justice shall enter a finding of not responsible. No
60	60	31other disposition shall be permitted, and such matters shall not be continued without a finding,
61	61	32dismissed, or filed. 3 of 3
62	62	33 If the violator is found responsible after a noncriminal hearing, the magistrate or justice
63	63	34shall require the violator to pay to the registrar an assessment which shall not exceed the
64	64	35scheduled assessment for that infraction. Such assessment shall be in accordance with any
65	65	36guidelines promulgated by the chief justice of that department of the trial court, which shall be
66	66	37binding on magistrates and justices, to the end that such assessments are made as uniformly as
67	67	38possible, and which may include provisions requiring a prescribed or a minimum assessment for
68	68	39specified civil motor vehicle infractions.
69	69	40 The violator shall pay to the registrar the assessment imposed by the magistrate or justice
70	70	41within 20 days of the date the violator is personally notified or is mailed notice of the decision of
71	71	42the magistrate or justice, unless for good cause the magistrate or justice allows the violator a
72	72	43longer time to pay the imposed assessment.
73	73	44 The violator’s obligation to pay such imposed assessment shall automatically be stayed
74	74	45during the pendency of any timely appeal to the appellate division or any subsequent appeal to an
75	75	46appellate court. The violator shall be required to pay such imposed assessment to the registrar
76	76	47within 20 days of the date the appellate division or the appellate court renders a decision that is
77	77	48adverse to the violator and that has not been further appealed.