Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1702 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 625 FILED ON: 1/14/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1702
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tram T. Nguyen and Natalie M. Higgins
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 improving protections for sexual assault survivors.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/14/2023Natalie M. Higgins4th Worcester1/14/2023Lindsay N. Sabadosa1st Hampshire1/24/2023Susannah M. Whipps2nd Franklin1/24/2023Jack Patrick Lewis7th Middlesex1/25/2023James K. Hawkins2nd Bristol1/27/2023Christine P. Barber34th Middlesex1/30/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/1/2023Rady Mom18th Middlesex2/2/2023Andres X. Vargas3rd Essex2/2/2023Carol A. Doherty3rd Bristol2/2/2023Michelle M. DuBois10th Plymouth2/7/2023Walter F. TimiltyNorfolk, Plymouth and Bristol2/8/2023Kay Khan11th Middlesex2/9/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/9/2023Paul R. FeeneyBristol and Norfolk3/2/2023Margaret R. Scarsdale1st Middlesex3/3/2023 1 of 6
16	16	HOUSE DOCKET, NO. 625 FILED ON: 1/14/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1702
18	18	By Representatives Nguyen of Andover and Higgins of Leominster, a petition (accompanied by
19	19	bill, House, No. 1702) of Tram T. Nguyen, Natalie M. Higgins and others relative to protections
20	20	for sexual assault survivors. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act improving protections for sexual assault survivors.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Subsection (ii)(B) of the third paragraph of section 1 of chapter 258E of the
30	30	2General Laws (entitled “Harassment”), is hereby amended by inserting after the word “43A” the
31	31	3following words: - “50 or 51”
32	32	4 SECTION 2. Section 3 of Chapter 258E of the General Laws is hereby amended by
33	33	5striking out subsection (a), and inserting in place thereof the following subsection: -
34	34	6 (a) A person suffering from harassment may file a complaint in the appropriate court
35	35	7requesting protection from such harassment. A person may petition the court under this chapter
36	36	8for an order including but not limited to the following: that the defendant:
37	37	9 (i)refrain from abusing or harassing the plaintiff, whether the defendant is an adult
38	38	10or minor; 2 of 6
39	39	11 (ii)refrain from contacting the plaintiff, unless authorized by the court, whether the
40	40	12defendant is an adult or minor;
41	41	13 (iii)remain away from the plaintiff's household or workplace, whether the defendant
42	42	14is an adult or minor;
43	43	15 (iv)remain away from plaintiff if complaints are based on an act or acts that: (A) by
44	44	16force, threat or duress causes another to involuntarily engage in sexual relations; or (B)
45	45	17constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43, 43A, 50 or 51 of
46	46	18chapter 265 or section 3 of chapter 272;
47	47	19 (v)pay the plaintiff monetary compensation for the losses suffered as a direct result
48	48	20of the harassment; provided, however, that compensatory damages shall include, but shall not be
49	49	21limited to, loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost
50	50	22of replacement of locks, medical expenses, cost for obtaining an unlisted phone number and
51	51	23reasonable attorney's fees.
52	52	24 SECTION 3. Chapter 258E of the General Laws is hereby amended by inserting after
53	53	25section 4 of chapter 258E the following sections: -
54	54	26 Section 4A. Order for suspension and surrender of firearms license; surrender of
55	55	27firearms; petition for review; hearing
56	56	28 Upon issuance of a temporary or emergency order under section five of this chapter, the
57	57	29court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse,
58	58	30order the immediate suspension and surrender of any license to carry firearms and or firearms
59	59	31identification card which the defendant may hold and order the defendant to surrender all 3 of 6
60	60	32firearms, rifles, shotguns, machine guns and ammunition which the defendant then controls,
61	61	33owns or possesses in accordance with the provisions of this chapter and any license to carry
62	62	34firearms or firearms identification cards which the defendant may hold shall be surrendered to
63	63	35the appropriate law enforcement officials in accordance with the provisions of this chapter and,
64	64	36said law enforcement official may store, transfer or otherwise dispose of any such weapon in
65	65	37accordance with the provisions of section 129D of chapter 140; provided however, that nothing
66	66	38herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other
67	67	39than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the
68	68	40copy of abuse prevention order served on the defendant pursuant to section seven. Law
69	69	41enforcement officials, upon the service of said orders, shall immediately take possession of all
70	70	42firearms, rifles, shotguns, machine guns, ammunition, any license to carry firearms and any
71	71	43firearms identification cards in the control, ownership, or possession of said defendant. Any
72	72	44violation of such orders shall be punishable by a fine of not more than five thousand dollars, or
73	73	45by imprisonment for not more than two and one-half years in a house of correction, or by both
74	74	46such fine and imprisonment.
75	75	47 Any defendant aggrieved by an order of surrender or suspension as described in the first
76	76	48sentence of this section may petition the court which issued such suspension or surrender order
77	77	49for a review of such action and such petition shall be heard no later than ten court business days
78	78	50after the receipt of the notice of the petition by the court. If said license to carry firearms or
79	79	51firearms identification card has been suspended upon the issuance of an order issued pursuant to
80	80	52section five or six, said petition may be heard contemporaneously with the hearing specified in
81	81	53the second sentence of the second paragraph of section five. Upon the filing of an affidavit by the
82	82	54defendant that a firearm, rifle, shotgun, machine gun or ammunition is required in the 4 of 6
83	83	55performance of the defendant's employment, and upon a request for an expedited hearing, the
84	84	56court shall order said hearing within two business days of receipt of such affidavit and request
85	85	57but only on the issue of surrender and suspension pursuant to this section.
86	86	58 Section 4B: Continuation or modification of order for surrender or suspension
87	87	59 Upon the continuation or modification of an order issued pursuant to section 4A or upon
88	88	60petition for review as described in section 4A, the court shall also order or continue to order the
89	89	61immediate suspension and surrender of a defendant's license to carry firearms and firearms
90	90	62identification card and the surrender of all firearms, rifles, shotguns, machine guns or
91	91	63ammunition which such defendant then controls, owns or possesses if the court makes a
92	92	64determination that the return of such license to carry firearms and firearm identification card or
93	93	65firearms, rifles, shotguns, machine guns or ammunition presents a likelihood of abuse to the
94	94	66plaintiff. A suspension and surrender order issued pursuant to this section shall continue so long
95	95	67as the restraining order to which it relates is in effect; and, any law enforcement official to whom
96	96	68such weapon is surrendered may store, transfer or otherwise dispose of any such weapon in
97	97	69accordance with the provisions of section 129D of chapter 140; provided, however, that nothing
98	98	70herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other
99	99	71than a licensed dealer. Any violation of such order shall be punishable by a fine of not more than
100	100	72$5,000 or by imprisonment for not more than two and one-half years in a house of correction or
101	101	73by both such fine and imprisonment.
102	102	74 SECTION 4. Chapter 258E of the General Laws is hereby amended by adding after
103	103	75section 12 the following section: - 5 of 6
104	104	76 Section 13. Possession, care and control of domesticated animal owned by persons
105	105	77involved in certain protective orders; notice to law enforcement upon finding of imminent threat
106	106	78to household member or animal
107	107	79 Section 13. (a) Whenever the court issues a temporary or permanent vacate, stay away,
108	108	80restraining or no contact order or a judgment under section 18, 34B or 34C of chapter 208, or
109	109	81under section 32 of chapter 209, or under section 3, 4 or 5 of this chapter, or under section 15 or
110	110	8220 of chapter 209C, or under section 3 to 7, inclusive, of chapter 258E or a temporary restraining
111	111	83order or preliminary or permanent injunction relative to a domestic relations, child custody,
112	112	84domestic abuse or abuse prevention proceeding, the court may order the possession, care and
113	113	85control of any domesticated animal owned, possessed, leased, kept or held by either party or a
114	114	86minor child residing in the household to the plaintiff or petitioner. The court may order the
115	115	87defendant to refrain from abusing, threatening, taking, interfering with, transferring,
116	116	88encumbering, concealing, harming or otherwise disposing of such animal.
117	117	89 (b) A party to any proceeding listed in subsection (a) may petition the court for an order
118	118	90authorized by said subsection (a).
119	119	91 (c) Whenever the court issues a warrant for a violation of a temporary or permanent
120	120	92vacate, stay away, restraining or no contact order or a judgment issued under section 18, 34B or
121	121	9334C of chapter 208, or under section 32 of chapter 209, or under section 3, 4 or 5 of this chapter,
122	122	94or under section 15 or 20 of chapter 209C, or section 3 to 7, inclusive, of chapter 258E or
123	123	95otherwise becomes aware that an outstanding warrant for such a violation has been issued against
124	124	96a person before the court, the judge may make a finding, based upon the totality of the
125	125	97circumstances, as to whether there exists an imminent threat of bodily injury to any party to such 6 of 6
126	126	98judgment or the petitioner of any such protective order, a member of the petitioner's family or
127	127	99household or to a domesticated animal belonging to the petitioner or to a member of the
128	128	100petitioner's family or household. If the court makes a finding that such an imminent threat of
129	129	101bodily injury to a person or domesticated animal exists, the court shall notify the appropriate law
130	130	102enforcement officials of such finding and the law enforcement officials shall take all necessary
131	131	103actions to execute any such outstanding warrant as soon as is practicable.