HOUSE DOCKET, NO. 841        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3356

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David Paul Linsky

_________________

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 for legislation relative to costs of appeals by the Commonwealth.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

David Paul Linsky

5th Middlesex

1/15/2019

Kenneth I. Gordon

21st Middlesex

1/30/2019


HOUSE DOCKET, NO. 841        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3356

By Mr. Linsky of Natick, a petition (accompanied by bill, House, No. 3356) of David Paul Linsky and Kenneth I. Gordon relative to costs of appeals by certain defendants.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act for legislation relative 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 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.