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Bill > H4050


MA H4050

MA H4050
Relative to Indigent Defense Counsel


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to indigent defense counsel. The Judiciary.

AI Summary

This bill makes several changes related to indigent defense counsel, which refers to legal representation provided to individuals who cannot afford an attorney. Firstly, it clarifies that a "chief probation officer" can designate someone to act on their behalf in certain legal processes. Secondly, it removes a requirement for a specific recurring check-in ("every 6 months thereafter") related to these processes. Most significantly, the bill revises rules for appointing counsel for defendants facing minor offenses (misdemeanors or violations of local rules) where no jail time is involved; in such cases, a judge can decide not to appoint counsel if they inform the defendant that a jail sentence will not be imposed if convicted, though a judge can later appoint counsel if circumstances change. It also outlines specific minor offenses, particularly those related to traffic and controlled substances, where counsel will not be appointed unless incarceration is mandatory or the prosecution indicates they will seek jail time. Finally, the bill establishes two committees: one to redefine what it means to be "indigent" (unable to afford legal representation) for the purpose of appointing counsel, and another to study which state agency is best suited to handle the verification of a defendant's financial status for this purpose, with both committees required to report their findings and recommendations by January 1, 2013.

Committee Categories

Justice

Sponsors (6)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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