HOUSE DOCKET, NO. 2443        FILED ON: 2/17/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1796

The Commonwealth of Massachusetts

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PRESENTED BY:

Liz Miranda

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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 relative to reasonable compensation for equitable representation.

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PETITION OF:

HOUSE DOCKET, NO. 2443        FILED ON: 2/17/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1796

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 relative to reasonable compensation for equitable representation.

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 11 of chapter 211D of the General Laws is hereby amended by striking subsection (a), and inserting the following subsection:- (a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $110 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $75 per hour; for district court cases and children in need of services cases the rate of compensation shall be $60 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $75 per hour; for sex offender registry cases and mental health cases the rate of compensation shall be $60 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.

SECTION 2. Section 11 of chapter 211D of the General Laws is hereby amended by striking subsection (a), and inserting the following subsection:- (a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $115 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $80 per hour; for district court cases and children in need of services cases the rate of compensation shall be $62 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $80 per hour; for sex offender registry cases and mental health cases the rate of compensation shall be $62 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.

SECTION 3. Section 11 of chapter 211D of the General Laws is hereby amended by striking subsection (a), and inserting the following subsection:- (a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $120 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $85 per hour; for district court cases and children in need of services cases the rate of compensation shall be $65 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $85 per hour; for sex offender registry cases and mental health cases the rate of compensation shall be $65 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.

SECTION 4. Section 1 of this act shall take effect on July 1, 2021.

SECTION 5. Section 2 of this act shall take effect on July 1, 2022.

SECTION 6. Section 3 of this act shall take effect on July 1, 2023.