Chapter 276

Section 20E. If the accused has not been arrested under warrant of the governor at the expiration of the time specified in such warrant, bond or undertaking, such court or justice may discharge him or may recommit him for a further period of sixty days, or may again take bail for…

Section 20F. If the accused is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond or undertaking, such court or justice, by proper order, shall declare the bond or undertaking forfeited and order his immediate arrest without warran…

Section 20G. If a criminal prosecution has been instituted against such person under the laws of this commonwealth and is still pending, the governor, in his discretion, may either surrender him on the demand of the executive authority of another state, or hold him until the fina…

Section 20H. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor, or in any proceeding after the demand for interstate rendition accompanied by a charge of crime in legal form as provided in section fourteen shall …

Section 20I. The governor, whenever he deems proper, may recall his warrant of arrest or may issue another warrant.

Section 20J. Any person arrested in this commonwealth charged with having committed any crime in another state or with having been convicted in another state and having escaped from confinement or having broken the terms of his bail, probation or parole, may waive the issuance an…

Section 20K. Whenever the governor shall demand a person charged with crime in this commonwealth, or one charged with having been convicted in this commonwealth and having escaped from confinement or having broken the terms of his bail, probation or parole, from the chief executi…

Section 20L. (a) Whenever the return to this commonwealth of a person charged with crime herein is required, the attorney general, or the district attorney for the district in which the crime is alleged to have occurred, shall present to the governor his written application for a…

Section 20M. If the application for a requisition for the return to this commonwealth of a person charged with crime herein, or for the return of a person who has been convicted of a crime herein and has escaped from confinement or has broken the terms of his bail, probation or p…

Section 20N. A person brought into this commonwealth on, or after waiver of, interstate rendition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being o…

Section 20O. After a person has been brought into this commonwealth by interstate rendition proceedings or upon waiver thereof he may be tried herein for other crimes which he may be charged with having committed herein, as well as that specified in the requisition for his inters…

Section 20P. Nothing in sections eleven to twenty O, inclusive, shall be deemed to constitute a waiver by this commonwealth of its right, power or privilege to try any person demanded of it for a crime committed herein, or of its right, power or privilege to regain custody of suc…

Section 20Q. If any part of sections eleven to twenty P, inclusive, is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of said sections.

Section 20R. Sections eleven to twenty R, inclusive, may be cited as the uniform criminal interstate rendition law, and shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states enacting similar laws.

Section 21. Justices of the supreme judicial, superior or district courts, may issue process for the apprehension of persons charged with crime and to carry into effect sections twenty-two to eighty-two, inclusive.

Section 22. Upon complaint made to any justice that a crime has been committed, he shall examine on oath the complainant and any witnesses produced by him, reduce the complaint to writing, and cause it to be subscribed by the complainant, and, if it appears that a crime has been …

Section 23. Warrants and other processes issued for the apprehension of persons charged with crime and child support warrants issued pursuant to section 34A of chapter 215 may be directed to and served in any part of the commonwealth by an officer authorized to serve criminal pro…

Section 23A. Whenever a court is requested to issue a warrant, the requesting authority shall provide to the court the person's name, last known address, date of birth, gender, race, height, weight, hair and eye color, the offense or offenses for which the warrant is requested, a…

Section 23B. (a) Any agency, department, commission, division or authority of the commonwealth that issues a professional license, certificate, permit or authorization to engage in a profession, trade, or business shall ensure that such license, certificate, permit or authorizati…

Section 24. Upon a complaint or indictment for any offense, a summons shall issue instead of a warrant, unless, in the judgment of the court or justice, there is reason to believe that the defendant will not appear upon summons.

Section 25. A summons shall require the defendant to appear before the court at a stated time and place on the return day and shall be served by an officer authorized to serve criminal process by giving to the defendant in hand or by leaving at his dwelling house or last and usua…

Section 26. If a defendant so summoned fails, without reasonable cause, to appear and abide the orders of the court or justice, he shall be considered in contempt of court, and may be punished by a fine of not more than twenty dollars. A warrant, if necessary, may be issued at an…

Section 27. If a defendant so summoned duly appears, he may be ordered to recognize for his further appearance but shall not be required to give surety upon his recognizance at any stage of the prosecution without a special order.

Section 28. Any officer authorized to serve criminal process may arrest, without a warrant, and detain a person found in the act of stealing property in the presence of the officer regardless of the value of the property stolen and may arrest, without a warrant, and detain a pers…

Section 29. Before a court releases, discharges or admits to bail any person brought before said court, in any criminal matter, the court shall first check the warrant management system to determine whether any warrant has been issued against the person in any jurisdiction of the…

Section 2A. The signature on the warrant may be made by electronic signature. The warrant shall be in substantially the following form: THE COMMONWEALTH OF MASSACHUSETTS. (COUNTY), ss. (NAME) COURT. To the Sheriffs of our several counties, or their deputies, any State Police Offi…

Section 2B. A person seeking a search warrant shall appear personally or through wire or electronic means before a court or justice authorized to issue search warrants in criminal cases and shall give an affidavit in substantially the form hereinafter prescribed. Such affidavit s…

Section 2C. Search warrants issued pursuant to section two hundred and thirteen of chapter ninety-four, sections twenty and twenty-five of chapter one hundred and ten, section ten of chapter one hundred and thirty, shall be issued in the manner provided in sections two, two A and…

Section 2D. (a) A warrant that does not require a law enforcement officer to knock and announce their presence and purpose before forcibly entering a residence shall not be issued except by a judge and only if the affidavit supporting the request for the warrant: (i) establishes …

Section 3. If an officer in the execution of a search warrant finds property or articles therein described, he shall seize and safely keep them, under the direction of the court or justice, so long as necessary to permit them to be produced or used as evidence in any trial. As so…

Section 30. Notwithstanding any law, rule or regulation to the contrary, whenever a default warrant, issued in any jurisdiction in the commonwealth against any person, is recalled by a court, the court shall assess a fee of fifty dollars against the person in payment of the costs…

Section 31. Whenever a court issues a default warrant solely due to the person's failure to pay a fine, assessment, court cost, restitution, support payment or other amount as ordered by the court or required by law, the court shall specify the amount owed, including an additiona…

Section 32. Whenever a person, brought before a court, against whom an outstanding warrant was issued, solely due to the failure of the person brought before the court to pay a fine assessment, court cost, restitution, support payment, or other amount, the court may accept paymen…

Section 33. Whenever a person is arrested for a crime and is taken to or confined in a jail, police station or lockup, the officer in charge thereof shall immediately examine the prisoner, and if he finds any bruises, cuts or other injuries shall forthwith make a written report t…

Section 33A. The police official in charge of the station or other place of detention having a telephone wherein a person is held in custody, shall permit the use of the telephone, at the expense of the arrested person, for the purpose of allowing the arrested person to communica…

Section 35. The court or justice may adjourn an examination or trial from time to time, and to the same or a different place in the county. In the meantime, if the defendant is charged with a crime that is not bailable, he shall be committed; otherwise, he may recognize in a sum …

Section 36. If the recognizor does not appear according to his recognizance, the court or justice may issue process to bring him into court for trial. After his failure so to appear, the court or justice may at any time order his default recorded; but it may be removed for good c…

Section 37. If the defendant fails to recognize, he may be committed to jail by an order stating concisely that he is committed for further examination on a future day to be named in the order, and on the day named he may be brought before the court or justice by a verbal order t…

Section 37A. If a person is charged with a capital crime and brought before a district court for the initial appearance, the superior court may assign counsel upon his petition and upon certification of the charge to the superior court by the clerk of the district court. The exam…

Section 38. The court or justice before whom a person is taken upon a charge of crime shall, as soon as may be, examine on oath the complainant and the witnesses for the prosecution, in the presence of the defendant, relative to any material matter connected with such charge. Aft…

Section 3A. Every officer to whom a warrant to search is issued shall return the same to the court by which it was issued as soon as it has been served and in any event not later than seven days from the date of issuance thereof, with a return of his doings thereon; provided, how…

Section 4. Before a decree of forfeiture of property seized under a search warrant is issued, the court or justice shall, unless otherwise expressly provided, issue a notice under seal, signed by the clerk of the court or by the justice, setting forth the substance of the complai…

Section 40. The testimony of the witnesses examined shall be reduced to writing by, or under the direction of, the court or justice, if he considers it necessary, and shall, if required by him, be signed by the witnesses.

Section 41. If it appears, upon the whole examination, that no crime has been committed or that there is not probable cause for charging the prisoner therewith, he shall be discharged.

Section 42. If it appears that a crime has been committed and that there is probable cause to believe the prisoner guilty, the court or justice shall, if final jurisdiction is not exercised, admit the prisoner to bail, if the crime is bailable and sufficient bail is offered; othe…

Section 42A. Whenever a court issues a criminal complaint and the crime involves assault and battery, trespass, threat to commit a crime, nonsupport, or any other complaint which involves the infliction, or the imminent threat of infliction, of physical harm upon a person by such…

Section 43. If the journey from the town where the prisoner is held to the town where he is to be committed on the service of a mittimus can be made by railroad, the officer may convey the prisoner through any portion of another county in the prosecution of such journey.

Section 44. If the defendant is held to appear before the superior court, the copies and record of proceedings sent to the superior court shall contain the details of all fees and expenses allowed or paid in the district court.

Section 45. If the prisoner is admitted to bail or is committed, the court or justice shall bind by recognizance the material witnesses against the prisoner to appear and testify at the next sitting of the court having jurisdiction of the crime and in which the prisoner is held t…

Section 46. If the examination or trial of a defendant charged with a felony is adjourned under section thirty-five, the court or justice may bind by recognizance the principal witnesses against the prisoner to appear and testify at the time and place to which the trial or examin…