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HOUSE DOCKET, NO. 2405 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1630
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 relative to indigent defense counsel.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/19/2023 1 of 3
HOUSE DOCKET, NO. 2405 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1630
By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1630) of David
Paul Linsky relative to indigent defense counsel. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1735 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to indigent defense counsel.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Said subsection (c) of said section 2A of said chapter 211D, as so
2appearing, is hereby further amended by striking out, in the ninth sentence, the words “and
3every 6 months thereafter”.
4 SECTION 2. Said chapter 211D of General Laws, as so appearing, is hereby further
5amended by striking out section 2B and inserting in place thereof the following section:-
6 Section 2B. Notwithstanding any other provision of law, a criminal defendant charged
7with a misdemeanor or a violation of a municipal ordinance or bylaw, on motion of the
8Commonwealth, on motion of the defendant, or by the court sua sponte, shall not be appointed
9counsel if the judge, at arraignment, informs such defendant on the record that, if the defendant
10is convicted of such offense, his sentence will not include any period of incarceration. For good 2 of 3
11cause, that judge or another judge of the same court may later revoke such determination on the
12record and appoint counsel, and on the request such counsel shall be entitled to a continuance to
13conduct any necessary discovery and to prepare adequately for trial. Any such determination or
14revocation by a judge shall be endorsed upon the docket of the case.
15 A criminal defendant charged only with violations of: sections 10, 11, 23, the crimes of
16operating a motor vehicle negligently or recklessly so as to endanger, leaving the scene of an
17accident, causing property damage, under section 24 (2)(a), 25, or 34J of chapter 90; sections 34
18or 35 of chapter 94C; section 75 of chapter 130; section 34C of chapter 138; section 12 of
19chapter 140; section 39 of chapter 148; section 218 of chapter 160; section 30 (1), if said
20property is valued at less than two hundred and fifty dollars, section 30A, clauses (b), (i) and (k)
21of section 37B, sections 60, if said property is valued at less than two hundred and fifty dollars,
22sections 87, sections 120, 126A, or 127 of chapter 266, or sections 12, clauses (a) and (b) of
23sections 53, or clause (a) of sections 53A of chapter 272 shall not be appointed counsel unless
24said offense requires a mandatory period of incarceration or the Commonwealth notifies the
25court in writing that it will recommend to the court that the defendant’s sentence, if convicted,
26will include a period of incarceration. Such notice may be filed at any time prior to trial and the
27court may then appoint counsel, and on the request such counsel shall be entitled to a
28continuance to conduct any necessary discovery and to prepare adequately for trial.
29 SECTION 3. Notwithstanding any general or special law to the contrary, there shall be a
30committee comprised of the following: 1) the chief counsel of the committee on public counsel
31services, or his designee; 2) the commissioner of probation, or his designee; 3) the chief justice
32of the supreme judicial court, or his designee; 4) the chief justice for administration and
33management, or his designee; 5) the chief justice of the juvenile court, or his/designee. Said 3 of 3
34committee shall establish a new definition of “indigency” for the purposes of verifying asset
35information of those individuals for whom counsel shall be appointed by the court. Said
36committee shall report its findings, together with recommendations for legislation, if any, to the
37clerks of the house and senate no later than January 1, 2025.
38 SECTION 4. Notwithstanding any general or special law to the contrary, there shall be a
39committee comprised of the commissioner of probation, or his designee, the secretary of
40administration and finance ,or his designee, the chair of the house post audit and oversight
41committee, or his designee, the chief counsel of the committee for public counsel services, or his
42designee, the chief justice of the supreme judicial court, or his designee, the chairs of the house
43and senate committees on the judiciary, or their designees. Said committee shall study which
44state agency would be best equipped to perform the indigency verification functions as mandated
45in M.G.L. Chapter 211D. Said committee shall report its findings, together with
46recommendations for legislation, if any, to the clerks of the house and senate no later than
47January 1, 2025.