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Bill > H1868


MA H1868

MA H1868
Requiring only a justice to remove a trial default of a defendant who fails to appear at trial


summary

Introduced
02/27/2025
In Committee
02/27/2025
Crossed Over
Passed
Dead

Introduced Session

194th General Court

Bill Summary

Relative to the removal of a trial default of defendants who fail to appear at trial. The Judiciary.

AI Summary

This bill modifies existing Massachusetts law regarding trial default warrants by establishing specific procedures for handling defendants who fail to appear for trial. The bill stipulates that when a person is arrested on a trial default warrant, they can only be subject to bail by a justice from the court that issued the warrant or the district where the warrant was executed. Before release, the arrested individual may be required to pay some or all costs imposed by the issuing justice, unless those costs are remitted. The bill also mandates that trial default warrants must be distinctly labeled as "Trial Default Warrant" on court docket sheets, in the Criminal Offender Registration Index, and in the Massachusetts Warrant System (MWS). A trial default warrant is specifically defined as a warrant issued by a justice on the day of a scheduled trial when a defendant fails to appear, and the Commonwealth can provide a list of witnesses who were present and certify readiness for trial, with the defendant's absence deemed to be without justifiable excuse. The certification of the Commonwealth's trial readiness must be filed with the court clerk on the same day the warrant is issued.

Committee Categories

Justice

Sponsors (1)

Last Action

Hearing scheduled for 07/29/2025 from 01:00 PM-05:10 PM in A-2 (on 10/20/2025)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://malegislature.gov/Bills/194/H1868
BillText https://malegislature.gov/Bills/194/H1868.pdf
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