SENATE DOCKET, NO. 60        FILED ON: 1/10/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 792

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cynthia Stone 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 Stone Creem

First Middlesex and Norfolk

District Attorney Marian T. Ryan

15 Commonwealth Avenue Woburn, MA 01801


SENATE DOCKET, NO. 60        FILED ON: 1/10/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 792

By Ms. Creem, a petition (accompanied by bill, Senate, No. 792) of Cynthia S. Creem and District Attorney Marian T. Ryan for legislation relative to costs of appeals by the Commonwealth.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 763 OF 2015-2016.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

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 2014 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 the defendant’s 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 the defendant incurred as a result of the appeal, including reasonable attorney’s fees, subject to approval of the court.