SENATE DOCKET, NO. 1978        FILED ON: 1/16/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1694

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to victims rights..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 228 of the General Laws is hereby amended by inserting after section 14 the following section:-

Section 15.  The death of a criminal defendant who is convicted of a criminal offense shall automatically terminate the right to appeal or any appeal pending of such conviction, and where such conviction has not been previously vacated or reversed by an order or decision of a court, the judgment of conviction shall stand.

 This section shall not preclude the attorney general or district attorney from commencing an action to vacate the conviction judgment against a deceased defendant in the interest of justice.