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Bill > H3830


MA H3830

MA H3830
Relative to the Commonwealth’s right to appeal bail decisions


summary

Introduced
10/19/2015
In Committee
10/26/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to authorize the Commonwealth to file appeals of bail decisions. The Judiciary.

AI Summary

This bill grants the Commonwealth, meaning the state's prosecution, the right to appeal bail decisions made by district courts, a power previously limited to defendants. Specifically, it allows the District Attorney or Attorney General, or their designees, to petition the superior court for a review of a district court's decision to release a defendant on bail, with or without surety, or on their personal recognizance. This petition must be filed by the next business day after the original bail decision, and while it doesn't automatically stop the defendant's release, it triggers a swift hearing in the superior court, typically on the next business day, to determine if the release poses a serious danger to others or the community. The superior court can then uphold the original bail decision, modify it by increasing bail or requiring surety, or even order pretrial detention for a limited period if necessary to ensure public safety. This change aims to provide a mechanism for the prosecution to challenge bail orders they believe are too lenient, particularly in cases involving serious offenses or defendants with concerning criminal histories.

Committee Categories

Justice

Sponsors (11)

Last Action

Accompanied a study order, see H4624 (on 09/22/2016)

bill text


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bill summary

Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/189/H3830 11/04/2015
Bill https://malegislature.gov/Bills/189/H3830.pdf 11/04/2015
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