Bill Text: MA S1657 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to costs of appeals by the Commonwealth
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-13 - Bill reported favorably by committee and referred to the Senate Committee on Ways and Means [S1657 Detail]
Download: Massachusetts-2009-S1657-Introduced.html
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 passage 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 |
|
Bradley H. Jones, Jr. |
20th Middlesex |
|
Christopher G. Fallon |
33rd Middlesex |
|
Colleen M. Garry |
36th Middlesex |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
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 2006 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 his 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 he incurred as a result of the appeal, including reasonable attorney’s fees, subject to approval of the court.
