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| 2 | 2 | | HOUSE DOCKET, NO. 2842 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1418 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Tackey Chan |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to restraining orders as they pertain to hate crimes. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/19/2023Lindsay N. Sabadosa1st Hampshire2/6/2023David Allen Robertson19th Middlesex2/6/2023Steven S. Howitt4th Bristol2/7/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Brian W. Murray10th Worcester2/17/2023Adrianne Pusateri Ramos14th Essex2/18/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2842 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1418 |
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| 18 | 18 | | By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1418) of Tackey |
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| 19 | 19 | | Chan and others relative to restraining orders as they pertain to hate crimes. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Third General Court |
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| 23 | 23 | | (2023-2024) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to restraining orders as they pertain to hate crimes. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1. Section 1 of chapter 258E of the General Laws, as appearing in the 2020 |
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| 29 | 29 | | 2Official Edition, is hereby amended by striking out the definition of “Harassment” and inserting |
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| 30 | 30 | | 3in place thereof the following definition:- |
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| 31 | 31 | | 4 “Harassment”, (i) 3 or more acts of willful and malicious conduct aimed at a specific |
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| 32 | 32 | | 5person committed with the intent to caucus fear, intimidation, abuse or damage to property and |
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| 33 | 33 | | 6that does in face cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by |
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| 34 | 34 | | 7force, threat or duress causes another to involuntarily engage in sexual relations; or (B) |
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| 35 | 35 | | 8constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 37, 39, 43 or 43A of |
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| 36 | 36 | | 9chapter 265 or section 3 of chapter 272. |
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| 37 | 37 | | 10 SECTION 2. Section 39 of chapter 265 of the General Laws is hereby amended by |
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| 38 | 38 | | 11striking out the first sentence and replacing it thereof with the following sentence:- (a) Whoever |
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| 39 | 39 | | 12commits an assault or a battery upon a person or the relative thereof or damages the real or 2 of 2 |
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| 40 | 40 | | 13personal property of a person with the intent to intimidate such person because of such person's |
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| 41 | 41 | | 14race, color, religion, national origin, sexual orientation, gender identity, or disability shall be |
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| 42 | 42 | | 15punished by a fine of not more than five thousand dollars or by imprisonment in a house of |
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| 43 | 43 | | 16correction for not more than two and one-half years, or by both such fine and imprisonment. |
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