General Laws of Massachusetts - Chapter 278A Post Conviction Access to Forensic and Scientific Analysis
- Massachusetts General Laws - Definitions - Chapter 278A, Section 1
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: — “Analysis”, the process by which...
- Massachusetts General Laws - Conditions for filing motion for forensic or scientific analysis; affect of chapter upon analysis under other circumstances - Chapter 278A, Section 2
A person may file a motion for forensic or scientific analysis under this chapter if that person: (1) has been convicted of a criminal offense...
- Massachusetts General Laws - Filing of motion; contents; motion for discovery; affidavit of factual innocence; expeditious review of motion - Chapter 278A, Section 3
(a) A person seeking relief under this chapter shall file a motion in the court in which the conviction was entered, using the same caption...
- Massachusetts General Laws - Jurisdiction over motion; service of motion; response by prosecuting attorney - Chapter 278A, Section 4
(a) The moving party shall file a motion under section 3 with the court that adjudicated the underlying case and shall serve a copy of...
- Massachusetts General Laws - Appointed counsel - Chapter 278A, Section 5
The court may assign or appoint counsel to represent a moving party who meets the definition of indigency under section 2 of chapter 211D in...
- Massachusetts General Laws - Hearing - Chapter 278A, Section 6
(a) The court shall order a hearing on the motion if the motion meets the requirements of section 3. The moving party shall be present...
- Massachusetts General Laws - Findings of fact and conclusions of law; criteria for allowing requested analysis; orders for discovery - Chapter 278A, Section 7
(a) After reviewing the motion, the prosecuting attorney’s response and after holding a hearing, the court shall state findings of fact and conclusions of law...
- Massachusetts General Laws - Conditions of analysis; selection of forensic service provider; equal access to personnel and information; retention of material evidence to allow for replicate analysis; cooperation with laboratory by moving party - Chapter 278A, Section 8
(a) In allowing a motion under section 3, the court shall specify conditions on the analysis, including, but not limited to, the transportation, handling and...
- Massachusetts General Laws - Time for performing analysis - Chapter 278A, Section 9
Upon allowance of a motion under section 3, analysis shall take place as soon as practicable.
- Massachusetts General Laws - Cost of analysis - Chapter 278A, Section 10
The costs of the analysis shall be paid: (1) by the moving party if the moving party does not meet the definition of indigency under...
- Massachusetts General Laws - Effect of proceedings on terms of sentence imposed - Chapter 278A, Section 11
Proceedings under this chapter shall not stay or otherwise interfere with a term of incarceration, parole, probation or other sentence imposed.
- Massachusetts General Laws - Disclosure of analysis results; orders to produce data, documents and notes - Chapter 278A, Section 12
(a) The results of the analysis shall be simultaneously disclosed to the moving party, the prosecuting attorney and the court. (b) The court shall, at...
- Massachusetts General Laws - Additional analysis ordered upon inconclusive findings - Chapter 278A, Section 13
If the analysis is inconclusive, the court may order any additional analysis requested if the court concludes that the requirements of subsection (b) of section...
- Massachusetts General Laws - Victim notification - Chapter 278A, Section 14
(a) If a motion is filed under section 3, the prosecuting attorney shall notify the victim of the crime in the underlying case. (b) The...
- Massachusetts General Laws - Waiver of right to file motion prohibited - Chapter 278A, Section 15
The right to file a motion under this chapter shall not be waived. This prohibition of any waiver includes, but is not limited to, any...
- Massachusetts General Laws - Retention and preservation of evidence or biological material by governmental entities; regulations - Chapter 278A, Section 16
(a) Any governmental entity that is in possession of evidence or biological material that is collected for its potential evidentiary value during the investigation of...
- Massachusetts General Laws - Civil or criminal liability of governmental officials; willful or wanton misconduct or gross negligence by governmental entities resulting in deterioration or destruction of evidence; damages - Chapter 278A, Section 17
(a) Governmental officials and employees acting in good faith shall not be liable in a civil or criminal proceeding for any act under this chapter....
- Massachusetts General Laws - Appeals - Chapter 278A, Section 18
An order allowing or denying a motion for forensic or scientific analysis filed under this chapter shall be a final and appealable order. If the...
Last modified: September 11, 2015