SENATE DOCKET, NO. 2271        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 936

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger

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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 appellate rights for forensic justice.

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PETITION OF:

SENATE DOCKET, NO. 2271        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 936

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 appellate rights for forensic justice.

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 1 of chapter 278A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “replicate analysis”, the following definition:-

“Third party”, a person who is subject to an order under this chapter compelling the production of biological material for analysis.

SECTION 2.Section 18 of said chapter 278A, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-

If the third party subject to the order, the moving party, or the commonwealth appeals an order allowing or denying a motion for forensic or scientific analysis, the party shall file a notice of appeal with the court within 30 days after the entry of the judgment.