Massachusetts StatutesTITLE II PROCEEDINGS IN CRIMINAL CASES
- CHAPTER 275 PROCEEDINGS TO PREVENT CRIMES
- CHAPTER 276 SEARCH WARRANTS, REWARDS, FUGITIVES FROM JUSTICE, ARREST, EXAMINATION, COMMITMENT AND BAIL. PROBATION OFFICERS AND BOARD OF PROBATION
- Section 1 Complaint; warrant for designated property or articles; search incident to arrest; documentary evidence subject to privilege
- Section 1A Articles belonging to subversive organizations
- Section 1B Search warrants for records possessed by foreign corporations providing electronic communication or remote computing services
- Section 2 Requisites of warrant
- Section 2A Form of warrant
- Section 2B Affidavit in support of application for warrant; contents and form
- Section 2C Manner of issuing warrants; application of Secs. 2, 2A and 2B
- Section 3 Seizure, custody and disposition of articles; exceptions
- Section 3A Time for return of warrant
- Section 4 Notice before forfeiture of property
- Section 5 Service of notice
- Section 6 Postponement of trial; further notice
- Section 7 Sale or destruction of property seized; disposition of proceeds
- Section 8 Appeal; recognizance; jury trial; conformity to criminal cases; disposition of articles
- Section 9 Rewards offered by governor; determination of claims
- Section 10 Rewards offered for detecting or securing persons committing certain offenses; determination of claims
- Section 10A Authority of officer of another state to arrest felon
- Section 10B Proceedings after arrest
- Section 10C Partial invalidity
- Section 10D Citation of law; uniform construction
- Section 11 Definitions
- Section 12 Arrest and delivery of accused to executives of another state; governor’s authority
- Section 13 Surrendering accused not in demanding state at time of crime or leaving demanding state involuntarily
- Section 14 Written demand; allegations; accompanying papers; charge of crime; authentication of copies of papers
- Section 15 Investigation of demand and report to governor
- Section 16 Governor’s warrant of arrest; recital of facts
- Section 17 Arrest and delivery of accused; commanding aid
- Section 18 Authority to command assistance; penalties for refusal
- Section 19 Rights of arrested person; habeas corpus; notice; penalty
- Section 20 Confinement of accused; expense; evidence of transportation to demanding state; new requisition
- Section 20A Warrant to apprehend on oath or affidavit; copies of papers attached
- Section 20B Arrest without warrant; taking accused before court or justice; complaint
- Section 20C Commitment to permit arrest under warrant of governor on requisition
- Section 20D Bail
- Section 20E Discharge; recommitment; bail
- Section 20F Forfeiture of bail
- Section 20G Prosecution pending in commonwealth
- Section 20H Inquiry into guilt or innocence
- Section 20I Recall of warrant or issuance of another
- Section 20J Waiver of warrant and procedure, etc.
- Section 20K Warrant to receive accused and convey him to proper county; proceedings pending in another state
- Section 20L Application for requisition
- Section 20M Payment of agent’s expenses
- Section 20N Service of process in civil action on accused; immunity
- Section 20O Trying for other crimes; immunity
- Section 20P Waiver by commonwealth
- Section 20Q Partial validity
- Section 20R Citation of law; uniform construction
- Section 21 Justices may issue process
- Section 22 Warrants, procedure for issuance
- Section 23 Service of warrants and other processes
- Section 23A Warrant management system
- Section 23B Annual list of persons registered with licensing authorities; criminal history systems board; outstanding warrants; notification of license suspension; hearing
- Section 24 Summons instead of warrant
- Section 25 Summons fixing time for trial; service
- Section 26 Failure to appear and abide orders as contempt
- Section 27 Recognizance
- Section 28 Arrest without warrant
- Section 29 Outstanding warrant check prior to release on bail or recognizance
- Section 30 Recall of default warrant; arrest
- Section 31 Default warrants issued due to failure to pay fines, assessments, court costs, restitution, support payments, etc. to be noted in warrant management system
- Section 32 Payment; release from custody
- Section 33 Examination of arrested persons for injuries; reports; penalty
- Section 33A Use of telephone in places of detention
- Section 34 Repealed, 1979, 344, Sec. 23
- Section 35 Adjournments of examinations and trials
- Section 36 Failure to appear; subsequent proceedings
- Section 37 Failure to recognize; subsequent proceedings
- Section 37A Assignment of counsel
- Section 38 Examination; assistance of counsel; waiver of indictment
- Section 39 Repealed, 1979, 344, Sec. 25
- Section 40 Testimony reduced to writing; signing by witnesses
- Section 41 Discharge of prisoner
- Section 42 Bail or commitment
- Section 42A Personal recognizance; terms and conditions to protect persons suffering physical abuse
- Section 43 Conveying prisoner through another county
- Section 44 Fees and expenses in district court in record sent to superior court
- Section 45 Witnesses bound by recognizance
- Section 46 Witnesses bound by recognizance on adjournment
- Section 47 Sureties with recognizance
- Section 48 Recognizances for minor witnesses
- Section 49 Commitment of witnesses; discharge upon recognizance
- Section 50 Repealed, 1979, 344, Sec. 25
- Section 51 Release of committed witnesses; proceedings
- Section 52 Rules regulating treatment of committed witnesses; removal to another county
- Section 52A Removal of accused person to another county or to a correctional institution; return; proceedings; costs
- Section 53 Transporting male and female prisoners
- Section 54 Handcuffing committed witnesses to accused persons; transporting together
- Section 55 Discharge upon acknowledgment of satisfaction for injury
- Section 56 Filing of order; delivery to jail keeper; discharge as bar to civil action
- Section 57 Officials authorized to admit to bail; amount of bail; security
- Section 58 Release on personal recognizance or unsecured appearance bond; determination; fees; refusal; petition for review
- Section 58A Conditions for release of persons accused of certain offenses involving physical force or abuse; hearing; order; review
- Section 58B Revocation of release and detention order following violation of release conditions
- Section 59 Admission to bail by master in chancery
- Section 60 Bail in Suffolk county; proceedings
- Section 61 Bail taken out of court; certificate or recognizance and deposit by surety; presence of persons; monthly statements by person taking bail
- Section 61A Disposition or encumbrance of real estate of bail or surety; violation of section
- Section 61B Bond of professional bondsman; arrest bond certificates; conditions of acceptance; regulation
- Section 62 Notice to district attorney of application to accept bail in Suffolk county
- Section 63 Compensation for taking bail
- Section 64 Admission to bail on Sunday
- Section 65 Condition of recognizance
- Section 66 Return of recognizance and examination taken by magistrate; order compelling; contempt
- Section 67 Repealed, 1994, 247, Sec. 5
- Section 68 Surrender of principal; notice; exoneration of bail; return of deposits; subsequent bail
- Section 69 Surrender of principal after default; remission of penalty
- Section 70 Inability to surrender principal; exoneration of bail
- Section 71 Default on recognizance
- Section 72 Surety paying amount for which bound; costs
- Section 73 Award of portion of penalty to person entitled to forfeiture
- Section 74 Judgment for whole or part of penalty
- Section 75 Neglect, omissions or defects as defeating action
- Section 76 Review and rehearing of case after judgment on recognizance
- Section 77 Service of notice and copy of petition; return day
- Section 78 Proceedings if former judgment diminished, etc.; costs
- Section 79 Personal recognizance and deposit instead of sureties for release from custody
- Section 80 Forfeiture of deposit on default; sale of bonds; collection on bank books; payments to state treasurer
- Section 81 Defendant surrendering self; return of deposit
- Section 82 Magistrates authorized to admit prisoners to bail
- Section 82A Failure to appear in court after release on bail or recognizance; penalty
- Section 83 Appointment of probation officers; suspension; compensation
- Section 83A Repealed, 1992, 379, Sec. 189
- Section 83B to 83F Repealed, 1949, 783, Sec. 2
- Section 84 Repealed, 1977, 97
- Section 85 Powers and duties
- Section 85A Support and maintenance enforcement
- Section 85B Delinquent payments; collection; contempt proceedings
- Section 86 Appointment of deputy probation officers by Boston juvenile court; creditable service
- Section 87 Placing certain persons in care of probation officer
- Section 87A Conditions of probation; probation fees
- Section 88 Clerical assistance
- Section 89 Temporary probation officers
- Section 89A Counsellors to juvenile offenders
- Section 90 Powers of probation officers; reports; records; inspection
- Section 91 Power of probation officers appointed by Boston juvenile court to serve process
- Section 92 Restitution or reparation to injured person through probation officer
- Section 92A Restitution in cases involving motor vehicle theft or fraudulent claims
- Section 93 Payment to treasurer of unclaimed money collected by probation officer
- Section 94 Expenses of probation officers
- Section 95 Temporary support or transportation of probationers
- Section 96 Refusal or neglect of duties by probation officer
- Section 97 Interference with duties of department of youth services
- Section 98 Commissioner of probation; appointment
- Section 99 Powers and duties of commissioner of probation
- Section 99A Repealed, 1992, 379, Sec. 192
- Section 99B Probation officers; compensation
- Section 99C Repealed, 1978, 478, Sec. 296
- Section 99D Repealed, 1986, 520, Sec. 3
- Section 99E Indigency; interagency service agreements; income data verification
- Section 100 Detailed reports of probation work; records; accessibility of information
- Section 100A Requests to seal files; conditions; application of section; effect of sealing of records
- Section 100B Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure
- Section 100C Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement
- Section 101 Annual report of commissioner to general court
- Section 101A Establishment of uniform forms of blanks and records for use in district court probation offices
- Section 102 Effect of Secs. 98 to 101A on authority of courts
- Section 103 Notice to commissioner of appointment, removal, etc., of probation officer
- CHAPTER 276A DISTRICT COURT PRETRIAL DIVERSION OF SELECTED OFFENDERS
- CHAPTER 277 INDICTMENTS AND PROCEEDINGS BEFORE TRIAL
- Section 1 Issuance of writs of venire facias for grand jurors; attendance at sittings of court
- Section 1A Completion of investigations by grand juries; notice; order
- Section 2 Suffolk county; issuance of writs of venire facias for grand jurors
- Section 2A Issuance of writs of venire facias for special grand jury
- Section 2B Middlesex county; issuance of letters of venire for grand jurors
- Section 2C Hampden county; issuance of writs of venire facias for grand jurors
- Section 2D Plymouth county; issuance of writs of venire facias for grand jurors
- Section 2E Worcester county; issuance of writs of venire facias for grand jurors
- Section 2F Norfolk county; issuance of writs of venire facias for grand jurors
- Section 2G Essex county; issuance of writs of venire facias for grand jurors
- Section 2H Bristol county; issuance of writs of venire facias for grand jurors
- Section 3 Drawing and summoning of grand jurors
- Section 3A Suffolk county; impanelling grand jurors
- Section 4 Deficiency of grand jurors
- Section 5 Impanelling and oath
- Section 6 Affirmation in lieu of oath
- Section 7 to 10 Repealed, 1979, 344, Sec. 33
- Section 11 Re-summoning at same sitting
- Section 12, 13 Repealed, 1979, 344, Sec. 33
- Section 14 Grand juror serving as traverse juror
- Section 14A Right to counsel; grand jury proceedings
- Section 15 Discharge of accused person not indicted
- Section 16 Repealed, 1970, 888, Sec. 7
- Section 17 Repealed, 1979, 344, Sec. 33
- Section 18 Circumstances of the act
- Section 19 Name of accused person; description by fictitious name; entry of true name
- Section 20 Time and place of commission of crime
- Section 21 Means
- Section 22 Description of written instrument; variance
- Section 23 Description of money
- Section 24 Description of value or price
- Section 25 Description of ownership
- Section 26 Description of public place
- Section 27 Description of animal
- Section 28 Description of judicial proceedings
- Section 29 Criminal responsibility
- Section 30 Intent to injure or defraud; general allegation
- Section 31 Alternative allegations
- Section 32 Continuing offenses
- Section 33 Unnecessary and immaterial allegations
- Section 34 Immaterial defects
- Section 35 Variance; prejudice
- Section 35A Repealed, 1979, 344, Sec. 35
- Section 36 Scope of word “oath”
- Section 37 Negativing excuses, exceptions or provisos
- Section 38 Allegations, bill of particulars, presumption and proof in prosecutions involving controlled substances
- Section 39 Construction of words used in indictment
- Section 40 Repealed, 1979, 344, Sec. 37
- Section 41 Indictment for criminal dealing with personal property
- Section 42 Prosecutions for buying, receiving or aiding in concealment of stolen property
- Section 43 Indictment for perjury
- Section 44 Indictment for subornation of perjury
- Section 45 Indictment for unnatural and lascivious acts
- Section 46 Repealed, 1979, 344, Sec. 37
- Section 47 Arraignment; sentence; assignment of counsel
- Section 47A Defenses or objections
- Section 48, 49 Repealed, 1932, 180, Sec. 44
- Section 50 Repealed, 1936, 161, Sec. 1
- Section 51, 52 Repealed, 1979, 344, Sec. 40
- Section 53 District attorneys; authority and duty as to transferred cases
- Section 54 Custody and delivery of prisoner
- Section 55 Compensation of counsel of prisoner
- Section 56 Expenses of counsel of prisoner
- Section 57 Prosecutions of crimes committed near boundary line of counties, etc.; crimes committed on sea
- Section 57A Venue in cases where crime was committed without county or territorial jurisdiction of court
- Section 58 Larceny
- Section 58A Buying, receiving, concealing or aiding in concealment of stolen or embezzled property
- Section 58A 1/2 Computer offenses; place of prosecution
- Section 58B Embezzlement or fraudulent conversion or appropriation by fiduciaries
- Section 59 Obtaining money or personal chattel by false pretences
- Section 59A Transmission of false reports, location of explosives, etc.
- Section 60 Homicide if injury is in one county and death in another
- Section 61 Crime committed at sea, etc., resulting in death in county
- Section 62 Crime committed in commonwealth resulting in death outside commonwealth
- Section 62A Violations of chapter 209A; jurisdiction
- Section 62B Stalking; jurisdiction
- Section 63 General provisions
- Section 64 Limitation of new indictment against corporation after abatement or defeat of former indictment
- Section 65 Service of copy of indictment for murder on prisoner, etc.
- Section 66 List of jurors to prisoners; process for witnesses
- Section 67 Furnishing person in custody, etc., with copy of indictment
- Section 68 Issuance of subpoenas by attorney general and district attorneys
- Section 69 Repealed, 1979, 344, Sec. 42
- Section 70 Recognizance of witnesses
- Section 70A Repealed, 1979, 344, Sec. 42
- Section 70B Placing cases on file; statement of reasons
- Section 70C Civil infractions
- Section 71 to 72A Repealed, 1979, 344, Sec. 42
- Section 73 Compensation for confinement of persons discharged
- Section 74 to 77 Repealed, 1979, 344, Sec. 42
- Section 78 Criminal proceedings as no bar to civil action
- Section 79 Application of annexed forms; schedule
- CHAPTER 277A STATEWIDE GRAND JURY
- CHAPTER 278 TRIALS AND PROCEEDINGS BEFORE JUDGMENT
- Section 1 Trial list of criminal cases, adding cases to list
- Section 2 Trial of issues of fact
- Section 2A, 3 Repealed, 1979, 344, Sec. 43
- Section 4 Oaths of jurors
- Section 5 Affirmation of jurors
- Section 6 Repealed, 1979, 344, Sec. 43
- Section 6A Testimony concerning ownership in cases involving motor vehicle theft or fraudulent claims; preservation of testimony
- Section 7 Burden to prove license or admission to practice as attorney at law
- Section 8 Justification in libel cases
- Section 8A Killing or injuring a person unlawfully in a dwelling; defense
- Section 9 Proof of ownership of property
- Section 10 Night time; definition
- Section 11 Directed verdict; setting aside verdict, new trial or finding of guilty of included offense
- Section 11A Habitual criminals; separate trial on issue of prior conviction
- Section 12 Acquittal of part of crime and conviction of residue
- Section 13 Repealed, 1970, 888, Sec. 8
- Section 14 Liability for fees of person acquitted
- Section 15 Discontinuance of prosecution under by-laws, ordinances, etc.
- Section 16 Assignment of counsel for inmates of institutions for reformation of juvenile offenders
- Section 16A Exclusion of public from trial for sex offenses involving minors under age of eighteen
- Section 16B Exclusion of public from trial of criminal proceeding involving husband and wife
- Section 16C Exclusion of public from trial involving crime of incest or rape
- Section 16D Child witness testimony; videotaping or transmission by simultaneous electronic means in certain cases
- Section 16E Repealed, 1994, 352, Sec. 2
- Section 16F Expedited trials of sex crimes involving minor children as victims or witnesses; continuance; impact statement
- Section 17 Repealed, 1979, 344, Sec. 43B
- Section 18 Pleas of not guilty, guilty or nolo contendere; requests for specific disposition; pretrial motions
- Section 18A Repealed, 1978, 478, Sec. 303
- Section 19, 20 Repealed, 1992, 379, Sec. 194
- Section 21 Repealed, 1955, 131, Sec. 10
- Section 22 Repealed, 1992, 379, Sec. 194
- Section 23 Certain acts or omissions by defendant not admissible against him in criminal trial
- Section 24 to 26 Repealed, 1992, 379, Sec. 196
- Section 27 Repealed, 1979, 344, Sec. 43B
- Section 28 Appeal to supreme judicial court
- Section 28A Appellate division of superior court for review of sentences
- Section 28B Right of appeal to appellate division; time limit; stay of execution of sentence; jurisdiction; review of judgment, etc.; disposition
- Section 28C Amendment of judgment; resentencing or other disposition
- Section 28D Repealed, 2007, 61, Sec. 31
- Section 28D 1/2 Salary of clerk of appellate division
- Section 28E Appeals by commonwealth
- Section 29, 29A Repealed, 1979, 344, Sec. 46
- Section 29B Withdrawal of uncounseled guilty plea
- Section 29C Repealed, 1979, 344, Sec. 48
- Section 29D Conviction upon plea of guilty, nolo contendere or an admission to sufficient facts; motion to vacate
- Section 30 to 31C Repealed, 1979, 344, Sec. 48
- Section 32 to 33D Repealed, 1979, 346, Sec. 1
- Section 33E Capital cases; review by supreme judicial court
- Section 33F to 33H Repealed, 1979, 346, Sec. 3
- Section 34 Motions in arrest of judgment
- Section 35 Trial of male and female prisoners
- CHAPTER 279 JUDGMENT AND EXECUTION
- Section 1 Suspension of execution; payment of fine; probation; revocation of suspension; exceptions
- Section 1A Suspension of execution of sentence; probation; child support payments
- Section 1B Funds collection and disbursement; single point for clerk-magistrate and probation offices
- Section 2 Suspension of execution of orders of commitment to Massachusetts reformatory, etc.
- Section 3 Arrest without warrant of person on probation; notice of surrender; surrender hearing; warrant for arrest of persons already imprisoned; application for disposition; temporary custody
- Section 3A Motion of district attorney for sentence
- Section 4 Imposition of sentence; stay of execution
- Section 4A Repealed, 1979, 344, Sec. 50
- Section 4B Notice to victim of sentencing proceedings; oral or written statements
- Section 5 Sentence if no punishment is provided by statute
- Section 6 Sentence to jail or house of correction
- Section 6A Special sentence of imprisonment; eligible offenders; revocation or rescission of special sentence; subsequent crimes
- Section 7 Sentence to jail or house of correction for non-payment of fine
- Section 8 Commitments upon two or more sentences
- Section 8A Determination of time of taking effect of sentence; “from and after” sentence
- Section 8B Commission of crime while released on personal recognizance; consecutive sentence
- Section 9 Second sentence for non-payment of fine
- Section 10 Conditional sentence
- Section 11 Punishment by imprisonment only or by fine only when law prescribes both
- Section 12 Recognizance of husband convicted of assault upon wife
- Section 13 Recognizance to keep the peace or to be of good behavior
- Section 14 Recognizance; filing; proceedings on breach of condition
- Section 15 Sentence to jail or house of correction in any county
- Section 16 Sentencing of female to Massachusetts Correctional Institution, Framingham
- Section 17 Repealed, 1993, 432, Sec. 14
- Section 18 Repealed, 1993, 432, Sec. 15
- Section 19 Place of imprisonment of females convicted of felony
- Section 20 Execution of sentence of imprisonment of females sentenced to confinement at hard labor
- Section 21 Repealed, 1931, 426, Sec. 49
- Section 22 Repealed, 1955, 770, Sec. 122
- Section 23 Limitation of sentences of males to jails or houses of correction
- Section 24 Indeterminate sentence to state prison
- Section 25 Punishment of habitual criminals
- Section 26 Further sentence of convict in state prison
- Section 27 Immediate execution of sentence to state prison of convict sentenced to jail or house of correction
- Section 28 Repealed, 1993, 432, Sec. 17
- Section 29 Repealed, 1955, 770, Sec. 122
- Section 30 Vacation of office from time of sentence to state prison
- Section 31 Repealed, 1993, 432, Sec. 18
- Section 32 Repealed, 1993, 432, Sec. 19
- Section 33 Repealed, 1993, 432, Sec. 20
- Section 33A Credit for days of confinement awaiting and during trial
- Section 34 Delivery to sheriff of certified transcript from minutes of court of conviction and sentence; execution of sentence
- Section 35 Transmission of complaint or indictment to correctional institution
- Section 36 Sentences to state farm
- Section 37 Setting out statutory name of crime in warrant for commitment
- Section 38 Powers of sheriff or constable in execution of warrant of commitment
- Section 39 Return of precept to magistrate
- Section 40 Service of new warrant of commitment upon convict
- Section 41 Default of corporation
- Section 42 Warrant of distress to compel payment of penalty or assessment
- Section 43 to 56 Repealed, 1982, 554, Sec. 5
- Section 57 Death sentence; pronouncement or revocation of stay; warrant of conviction; execution of sentence; certified copy of record to governor
- Section 58 Death sentence confinement; psychiatric examination; transfer or failure to transfer to general prison population; appeal; hearing; annual record review; court order
- Section 59 Execution of death sentence; time constraints
- Section 60 Means of execution of death sentence
- Section 61 Capital crime conviction; imposition of sentence; insane and pregnant persons
- Section 62 Delay in execution of death sentence; insanity or pregnancy of prisoner; psychiatric examination and written certification
- Section 63 Delay in execution of death sentence; consideration of pardon
- Section 64 Judicial stay of execution of death sentence; final determination of judicial questions
- Section 65 Witnesses; execution of death sentence
- Section 66 Execution of death sentence; post mortem examination
- Section 67 Warrant for execution of death sentence; return to clerk of court after execution
- Section 68 Special jury questions for first degree murder; presentence hearing upon conviction for consideration of death penalty; consideration by jury of aggravating and mitigating circumstances; de
- Section 69 Aggravating and mitigating circumstances in death penalty cases
- Section 70 Death penalty imposed; jury findings necessary
- Section 71 Review of death sentence; remand; reversal; affirmation
- CHAPTER 280 FINES AND FORFEITURES