Massachusetts House Bill H1765

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Relative to court filing fees

Impact

If enacted, HB 1765 could significantly streamline the handling of civil motor vehicle infractions in Massachusetts by setting clear deadlines and procedures regarding hearings. The bill proposes that the registrar must inform the clerk-magistrate of any hearing requests, thus formalizing the communication channels within the judicial system. By making the citation prima facie evidence in hearings, the bill seeks to simplify the judicial process resulting from such infractions, potentially leading to more efficient case resolutions.

Summary

House Bill 1765 seeks to amend the current laws regarding court filing fees for civil motor vehicle infractions in Massachusetts. This bill introduces modifications to the process by which individuals can contest citations for such infractions. Specifically, it focuses on the timeline for requesting a noncriminal hearing and the procedures that govern this aspect of civil infractions. Notably, it requires that violators must request a hearing within 20 days of receiving the citation, and failure to do so could result in the loss of the opportunity to contest the infraction unless specific circumstances are proven to warrant an exception.

Contention

There may be points of contention surrounding this bill, particularly regarding the implications for individuals who may be unable to meet the 20-day deadline due to various circumstances. Critics might raise concerns about fairness and accessibility, arguing that strict deadlines could disproportionately affect vulnerable population segments who may face barriers in accessing timely judicial processes. Additionally, the bill's stipulation that there shall be no right to jury trials in these cases could spark debates about the rights of citizens and the forms of justice available for civil infractions.