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