Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1527 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 857 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1527
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Susan Williams Gifford
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to violent protection order violations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Susan Williams Gifford2nd Plymouth1/17/2023Joseph D. McKenna18th Worcester1/31/2023Steven George Xiarhos5th Barnstable2/18/2023 1 of 2
16	16	HOUSE DOCKET, NO. 857 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1527
18	18	By Representative Gifford of Wareham, a petition (accompanied by bill, House, No. 1527) of
19	19	Susan Williams Gifford, Joseph D. McKenna and Steven George Xiarhos relative to violent
20	20	protection orders. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1608 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to violent protection order violations.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 209A of the General Laws, as appearing in the 2016 Official
32	32	2Edition, is hereby amended by inserting adding the following section:-
33	33	3 Section 12. The executive office of public safety and security shall develop and provide
34	34	4materials to successful plaintiffs of protection orders granted pursuant to this chapter. The
35	35	5materials shall include, but shall not be limited to, a description and information regarding the
36	36	6following: (1) types of defense that are lawful within the commonwealth, whether lethal or less
37	37	7than lethal; (2) licenses or permits required for various means of defense; (3) where and how to
38	38	8obtain various tools for defense; (4) types and opportunities of training available; (5) situational
39	39	9awareness; and (6) when and how to notify authorities about potential protection order violations
40	40	10or threats. 2 of 2
41	41	11 SECTION 2. Chapter 278 of the General Laws is hereby amended by inserting after
42	42	12section 8A the following section:-
43	43	13 Section 8B. It shall be an act of lawful defense if a person, who is the plaintiff of a
44	44	14protection order pursuant chapter 209A has in any place they have a right to be, used deadly
45	45	15force, or less than deadly force, against a recipient of said order if said plaintiff acted in the
46	46	16reasonable belief that an assailant was about to inflict great bodily injury or death upon
47	47	17themselves or upon another person who also had a right to be in the place; provided, that there
48	48	18shall be no duty on said plaintiff to retreat from any place that they have a right to be. An act of
49	49	19lawful defense as outlined in this section shall not be cause for arrest or prosecution. Further, an
50	50	20act of lawful defense pursuant to this section shall not be cause for the revocation of a license
51	51	21issued pursuant to sections 122, 123, 129B, 131 or 131E of chapter 140.
52	52	22 No person who has committed an act of lawful defense as outlined in this section shall be
53	53	23held liable in an action for damages for death or injuries to an assailant.