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| 2 | 2 | | HOUSE DOCKET, NO. 2730 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1668 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Christopher M. Markey |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act requiring only a justice to remove a trial default of a defendant who fails to appear at |
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| 13 | 13 | | trial. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher M. Markey9th Bristol1/19/2023 1 of 2 |
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| 17 | 17 | | HOUSE DOCKET, NO. 2730 FILED ON: 1/19/2023 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1668 |
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| 19 | 19 | | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1668) of |
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| 20 | 20 | | Christopher M. Markey relative to the removal of a trial default of defendants who fail to appear |
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| 21 | 21 | | at trial. The Judiciary. |
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| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 23 | 23 | | SEE HOUSE, NO. 3395 OF 2019-2020.] |
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| 24 | 24 | | The Commonwealth of Massachusetts |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | In the One Hundred and Ninety-Third General Court |
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| 27 | 27 | | (2023-2024) |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | An Act requiring only a justice to remove a trial default of a defendant who fails to appear at |
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| 30 | 30 | | trial. |
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| 31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 32 | 32 | | of the same, as follows: |
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| 33 | 33 | | 1 Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby |
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| 34 | 34 | | 2amended in section 29, after paragraph 3 by adding the following paragraph:- |
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| 35 | 35 | | 3 "A person who is arrested as a result of a trial default warrant, shall only be subject to |
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| 36 | 36 | | 4bail by a justice in the issuing court or a justice in the district in which such warrant was |
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| 37 | 37 | | 5executed, and prior to any release such person may be required to pay all or a portion of any cost |
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| 38 | 38 | | 6imposed by the issuing justice, unless remitted by the presenting justice. Such type of trial |
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| 39 | 39 | | 7default warrant shall be distinctly and separately identified as “Trial Default Warrant” on the |
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| 40 | 40 | | 8docket sheet and in Criminal Offender Registration Index, and in the Massachusetts Warrant |
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| 41 | 41 | | 9System (MWS). A “Trial Default Warrant” is a default warrant issued by a justice, on the day a 2 of 2 |
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| 42 | 42 | | 10person is scheduled to appear in court for a trial and such person fails to appear for trial, and the |
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| 43 | 43 | | 11Commonwealth provides a list of witnesses who have appeared with a certification that the |
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| 44 | 44 | | 12Commonwealth was ready for trial, and such failure to appear is without justifiable excuse. Such |
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| 45 | 45 | | 13certification of the Commonwealth must be placed with the clerk on the day of the warrant is |
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| 46 | 46 | | 14issued." |
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