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| 2 | 2 | | SENATE DOCKET, NO. 913 FILED ON: 1/18/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 935 |
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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 | | Cynthia Stone Creem |
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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 relating to costs of appeals by the Commonwealth. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 1 |
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| 16 | 16 | | SENATE DOCKET, NO. 913 FILED ON: 1/18/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 935 |
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| 18 | 18 | | By Ms. Creem, a petition (accompanied by bill, Senate, No. 935) of Cynthia Stone Creem for |
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| 19 | 19 | | legislation relative to costs of appeals by the Commonwealth. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 961 OF 2021-2022.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relating to costs of appeals by the Commonwealth. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 28E of Chapter 278 of the General Laws, as appearing in the 2020 |
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| 31 | 31 | | 2Official Edition, is hereby amended by adding, after the third paragraph thereof, the following |
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| 32 | 32 | | 3paragraph: |
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| 33 | 33 | | 4 A defendant who is not indigent, as defined by Chapter 211D of the General Laws, and is |
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| 34 | 34 | | 5therefore not entitled to public representation, is responsible for his own costs on appeal, unless |
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| 35 | 35 | | 6the Commonwealth loses the appeal or the Commonwealth’s application thereof is denied. In |
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| 36 | 36 | | 7such cases, a defendant is entitled to be reimbursed for the costs he incurred as a result of the |
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| 37 | 37 | | 8appeal, including reasonable attorney’s fees, subject to approval of the court. |
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