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Session Laws, 1970
Volume 695, Page 1791   View pdf image
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Marvin Mandel, Governor                          1791

returnable shall issue a warrant for the arrest of said person or in
lieu of said warrant shall send by registered mail with return re-
ceipt requested a second summons to the violator at his last known
address setting the case for trial on a date at least two (2) weeks
subsequent to the date of mailing of said second summons.

(f)    Violation of Promise to Appear.

(1)    In generalany person wilfully violating his written prom-
ise to appear in Court, given as provided in this Act, is guilty of
a misdemeanor regardless of the disposition of the charge for which
he was originally arrested.

(2)    Appearance by attorneya written promise to appear in
Court may be complied with by an appearance by an attorney-at-law.

(3)    How punishedevery person convicted under subsection
(f)(1) shall be punished by a fine of not more than Five Hundred
Dollars ($500) or by imprisonment for not more than six (6)
months, or both fine and imprisonment.

(g)    Filing Duplicate SummonsThe arresting officer shall, as
soon as practicable, file the duplicate summons with the Judge
specified therein.

(h) Authority to Summons WitnessesAll police officers and
peace officers shall have authority to summons witnesses to give
testimony under oath upon any charge preferred under this Act.
All such summonses shall be
personally served on each witness, shall
be in writing and shall contain:

(1)    The date, time and place wherein the witness is to appear.

(2)    The name of the defendant.

(3)    The witnesses name, home and business address, home and
business phone numbers.

(i) Failure of Witness to AppearAny person, personally served
with a written summons as herein specified in subsection (h), wil-
fully failing to appear as summonsed is guilty of a misdemeanor and
upon conviction shall be punished by a fine of not more than Five
Hundred Dollars ($500).

(j) No Civil LiabilityThere shall be no civil liability on the
part of and no cause of action shall arise against any peace officer
acting within the scope of the authority conferred by this Act, for
false arrest or false imprisonment.

Sec. 2. And be it further enacted, That if any provision of this
Act or the application thereof to any person or circumstance is held
invalid for any reason, such invalidity shall not affect any other pro-
visions or any other application of this Act which can be given effect
without the provision or application held invalid; and to this end
each and all of the provisions of this Act are hereby declared to be
severable.

Sec. 3. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved May 5, 1970

 

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Session Laws, 1970
Volume 695, Page 1791   View pdf image
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