SECTION 1. Section 28E of Chapter 278 of the General Laws is hereby amended by adding, after the third paragraph thereof, the following paragraph:-
A defendant who is not indigent, as defined by Chapter 211D of the General Laws, and is therefore not entitled to public representation, is responsible for their own costs on appeal, unless the Commonwealth loses the appeal or the Commonwealth’s application thereof is denied. In such cases, a defendant is entitled to be reimbursed for the costs incurred as a result of the appeal, including reasonable attorney’s fees, subject to approval of the court.
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