HOUSE DOCKET, NO. 160        FILED ON: 1/13/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1741

The Commonwealth of Massachusetts

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PRESENTED BY:

David Paul Linsky

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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.

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PETITION OF:

HOUSE DOCKET, NO. 160        FILED ON: 1/13/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1741

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3356 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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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.