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