MA
Massachusetts House Bill H1725

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1725

Introduced
2/16/23  

Caption

Relative to the Commonwealth’s right to appeal bail decisions

Impact

The impact of HB 1725 on state laws is rooted in its potential effects on public safety and judicial efficiency. By streamlining the process for the Commonwealth to contest bail decisions, it seeks to ensure that individuals perceived as a danger to the community can be detained pretrial. This responsiveness to bail orders aims to balance the rights of defendants with community safety, potentially leading to more rigorous scrutiny of bail conditions based on a defendant's criminal history and conduct while released.

Summary

House Bill 1725 aims to enhance the Commonwealth’s authority to appeal bail decisions made by district courts. The proposed legislation modifies existing provisions within Chapter 276 of the General Laws to facilitate a structured review process for bail decisions. Specifically, it emphasizes that the Commonwealth, upon approval from the District Attorney or Attorney General, may file an appeal against a decision that admits a defendant to bail. This appeal must occur within one business day of the district court's decision, allowing for a more expedited review process without delaying the initial bail order.

Contention

While supporters of HB 1725 argue that the bill is essential in safeguarding public safety and strengthening judicial oversight, critics may view it as an extension of prosecutorial power that could undermine defendants' rights. There are concerns that quick appeals may lead to undue harm to defendants who might be innocent yet arrested and awaiting trial. The new requirements for notifying defendants about their rights if the Commonwealth files an appeal also raise questions about the adequacy of legal representation and the fairness of the process.

Companion Bills

MA H4517

Replaced by Study Order

Previously Filed As

MA H1937

Relative to the Commonwealth’s right to appeal bail decisions

MA H879

Protecting the rights of municipalities and districts

MA HB2505

Termination of parental rights; abused, etc., children or children without parental care, appeals.

MA H2101

Relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or pyrotechnics in the city of Springfield

MA S935

Relating to costs of appeals by the Commonwealth

MA H262

Relative to the licensure of appraisers

MA H3406

Relative to responsibly reducing emissions in the transportation sector

MA S84

Relative to a livable wage for human services workers

MA H1828

Relative to corrections officer safety

MA H1626

For legislation relative to costs of appeals by the Commonwealth

Similar Bills

MA H1937

Relative to the Commonwealth’s right to appeal bail decisions

MA S1101

To protect victims of crimes and the public

MA S1220

To protect victims of crimes and the public

CA AB905

Money judgments of other jurisdictions.

NH HB1597

Permitting arraignments for felonies and preliminary examinations to be heard in circuit court.

NH HB46

Establishing a committee to study replacement of bail commissioners with court magistrates and relative to delinquent payment of accounts by on premises and off premises licensees and relative to electronic payments to employee debit cards.

NH HB318

Eliminating bail commissioners, and relative to the release of a defendant pending trial and establishing new circuit court judge positions.

RI S2365

Bail And Recognizance