Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1630 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2405 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1630
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Paul Linsky
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to indigent defense counsel.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/19/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2405 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1630
18	18	By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1630) of David
19	19	Paul Linsky relative to indigent defense counsel. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1735 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to indigent defense counsel.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Said subsection (c) of said section 2A of said chapter 211D, as so
31	31	2appearing, is hereby further amended by striking out, in the ninth sentence, the words “and
32	32	3every 6 months thereafter”.
33	33	4 SECTION 2. Said chapter 211D of General Laws, as so appearing, is hereby further
34	34	5amended by striking out section 2B and inserting in place thereof the following section:-
35	35	6 Section 2B. Notwithstanding any other provision of law, a criminal defendant charged
36	36	7with a misdemeanor or a violation of a municipal ordinance or bylaw, on motion of the
37	37	8Commonwealth, on motion of the defendant, or by the court sua sponte, shall not be appointed
38	38	9counsel if the judge, at arraignment, informs such defendant on the record that, if the defendant
39	39	10is convicted of such offense, his sentence will not include any period of incarceration. For good 2 of 3
40	40	11cause, that judge or another judge of the same court may later revoke such determination on the
41	41	12record and appoint counsel, and on the request such counsel shall be entitled to a continuance to
42	42	13conduct any necessary discovery and to prepare adequately for trial. Any such determination or
43	43	14revocation by a judge shall be endorsed upon the docket of the case.
44	44	15 A criminal defendant charged only with violations of: sections 10, 11, 23, the crimes of
45	45	16operating a motor vehicle negligently or recklessly so as to endanger, leaving the scene of an
46	46	17accident, causing property damage, under section 24 (2)(a), 25, or 34J of chapter 90; sections 34
47	47	18or 35 of chapter 94C; section 75 of chapter 130; section 34C of chapter 138; section 12 of
48	48	19chapter 140; section 39 of chapter 148; section 218 of chapter 160; section 30 (1), if said
49	49	20property is valued at less than two hundred and fifty dollars, section 30A, clauses (b), (i) and (k)
50	50	21of section 37B, sections 60, if said property is valued at less than two hundred and fifty dollars,
51	51	22sections 87, sections 120, 126A, or 127 of chapter 266, or sections 12, clauses (a) and (b) of
52	52	23sections 53, or clause (a) of sections 53A of chapter 272 shall not be appointed counsel unless
53	53	24said offense requires a mandatory period of incarceration or the Commonwealth notifies the
54	54	25court in writing that it will recommend to the court that the defendant’s sentence, if convicted,
55	55	26will include a period of incarceration. Such notice may be filed at any time prior to trial and the
56	56	27court may then appoint counsel, and on the request such counsel shall be entitled to a
57	57	28continuance to conduct any necessary discovery and to prepare adequately for trial.
58	58	29 SECTION 3. Notwithstanding any general or special law to the contrary, there shall be a
59	59	30committee comprised of the following: 1) the chief counsel of the committee on public counsel
60	60	31services, or his designee; 2) the commissioner of probation, or his designee; 3) the chief justice
61	61	32of the supreme judicial court, or his designee; 4) the chief justice for administration and
62	62	33management, or his designee; 5) the chief justice of the juvenile court, or his/designee. Said 3 of 3
63	63	34committee shall establish a new definition of “indigency” for the purposes of verifying asset
64	64	35information of those individuals for whom counsel shall be appointed by the court. Said
65	65	36committee shall report its findings, together with recommendations for legislation, if any, to the
66	66	37clerks of the house and senate no later than January 1, 2025.
67	67	38 SECTION 4. Notwithstanding any general or special law to the contrary, there shall be a
68	68	39committee comprised of the commissioner of probation, or his designee, the secretary of
69	69	40administration and finance ,or his designee, the chair of the house post audit and oversight
70	70	41committee, or his designee, the chief counsel of the committee for public counsel services, or his
71	71	42designee, the chief justice of the supreme judicial court, or his designee, the chairs of the house
72	72	43and senate committees on the judiciary, or their designees. Said committee shall study which
73	73	44state agency would be best equipped to perform the indigency verification functions as mandated
74	74	45in M.G.L. Chapter 211D. Said committee shall report its findings, together with
75	75	46recommendations for legislation, if any, to the clerks of the house and senate no later than
76	76	47January 1, 2025.