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| 2 | 2 | | HOUSE DOCKET, NO. 1320 FILED ON: 1/18/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1776 |
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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 | | Alyson M. Sullivan-Almeida |
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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 protecting domestic violence victims. |
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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:Alyson M. Sullivan-Almeida7th Plymouth1/18/2023Colleen M. Garry36th Middlesex1/18/2023Michael J. Soter8th Worcester1/26/2023Joseph D. McKenna18th Worcester1/31/2023David F. DeCoste5th Plymouth2/9/2023Donald R. Berthiaume, Jr.5th Worcester2/15/2023Steven George Xiarhos5th Barnstable2/18/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1320 FILED ON: 1/18/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1776 |
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| 18 | 18 | | By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. |
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| 19 | 19 | | 1776) of Alyson M. Sullivan-Almeida and others relative to protecting domestic violence |
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| 20 | 20 | | victims. The Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1882 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to protecting domestic violence victims. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 18C of Chapter 265 of the Massachusetts General Laws is hereby |
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| 32 | 32 | | 2amended by deleting the section in its entirety and replacing it with the following:- |
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| 33 | 33 | | 3 (a)Whoever knowingly, in the day time or night time, breaks and enters a building, |
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| 34 | 34 | | 4ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another and |
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| 35 | 35 | | 5discovers that one or more persons are present shall have an immediate duty to retreat. Any |
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| 36 | 36 | | 6person or persons who have illegally entered under this section and have failed to retreat shall |
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| 37 | 37 | | 7forfeit any rights to civil or criminal action against the legal occupants for any injuries incurred. |
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| 38 | 38 | | 8 (b)Whoever knowingly, in the day time or night time, breaks and enters a building, |
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| 39 | 39 | | 9ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another where one 2 of 2 |
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| 40 | 40 | | 10or more minors are present shall have an immediate duty to retreat. Any person or persons who |
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| 41 | 41 | | 11have illegally entered under this section and have failed to retreat shall forfeit any rights to civil |
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| 42 | 42 | | 12or criminal action against the legal occupants for any injuries incurred. Further, any person who |
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| 43 | 43 | | 13is found guilty of illegally entering under this section where one or more minors are present shall |
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| 44 | 44 | | 14be punished by imprisonment in the state prison for any term not less five years. |
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| 45 | 45 | | 15 (c)Whoever, in the day time or night time, breaks and enters a building, ship, vessel |
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| 46 | 46 | | 16or vehicle or otherwise enters into the dwelling place of another knowing or having reason to |
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| 47 | 47 | | 17know that one or more persons are present within or knowingly enters the dwelling place of |
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| 48 | 48 | | 18another and remains in such dwelling place knowing or having reason to know that one or more |
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| 49 | 49 | | 19persons are present within while armed with a dangerous weapon, uses force or threatens the |
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| 50 | 50 | | 20imminent use of force upon any person within such dwelling place whether or not injury occurs, |
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| 51 | 51 | | 21or intentionally causes any injury to any person within such dwelling place shall be punished by |
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| 52 | 52 | | 22imprisonment in the state prison for life or for any term of not less than twenty years. |
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