S 1042 Massachusetts Senate · 193rd Legislature (2023-2024)

An Act relative to appeals from the clerk-magistrates

This bill creates a new legal process allowing private citizens to appeal a clerk-magistrate's decision to deny a criminal complaint. Under current law, individuals have no right to challenge such denials, but this act would grant them a statutory right to request a review by a district court judge. The legislation requires the clerk-magistrate to provide a specific reason for denying the application and mandates that the judge who made the initial denial cannot preside over the subsequent appeal hearing. If the court reviews the evidence presented by the private party, it has the authority to grant the complaint and issue a criminal warrant.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
House Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Feb 8, 2024
Floor votes

How they voted

This bill passed the House. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
House · Passed
House concurred
Feb 16, 2023
Senate · Referred to committee
Referred to the committee on The Judiciary
1 primary · 0 co-sponsors

Sponsors