SENATE DOCKET, NO. 1168        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 662

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cynthia S. Creem

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relating to costs of appeals by the Commonwealth.

_______________

PETITION OF:

 

Name:

District/Address:

Cynthia S. Creem

First Middlesex and Norfolk

Kay Khan

11th Middlesex

Patricia D. Jehlen

Second Middlesex


SENATE DOCKET, NO. 1168        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 662

By Ms. Creem, a petition (accompanied by bill, Senate, No. 662) of Cynthia S. Creem, Kay Khan and Patricia D. Jehlen for legislation relative to costs of appeals by the Commonwealth.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 721 OF 2011-2012.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relating to costs of appeals by the Commonwealth.

 

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.  Section 28E of Chapter 278 of the General Laws, as appearing in the 2008 Official Edition, 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 his 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 he incurred as a result of the appeal, including reasonable attorney’s fees, subject to approval of the court.