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MA H1451

MA H1451
Relative to indigent defense counsel


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to indigent defense counsel. The Judiciary.

AI Summary

This bill proposes changes to the laws regarding indigent defense counsel, which refers to legal representation provided to individuals who cannot afford an attorney. Primarily, it amends existing law by removing a requirement for reporting every six months. More significantly, it introduces a new section that states a criminal defendant charged with a misdemeanor or a violation of a local ordinance will not be appointed counsel if the judge determines at the initial court appearance, known as arraignment, that a conviction will not result in jail time; however, a judge can later appoint counsel if circumstances change, and the defendant would then be entitled to time to prepare for trial. The bill also specifies that defendants charged with certain minor offenses, such as specific traffic violations or low-value property crimes, will not receive appointed counsel unless incarceration is mandatory or the prosecution intends to seek jail time. Finally, the bill establishes two committees: one to redefine "indigency," which is the state of being poor and unable to afford legal services, for the purpose of appointing counsel, and another to study which state agency is best suited to verify a person's indigency. Both committees are required to report their findings and recommendations by January 1, 2014.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

bill text


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