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HOUSE DOCKET, NO. 1320 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1776
The Commonwealth of Massachusetts
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PRESENTED BY:
Alyson M. Sullivan-Almeida
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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 protecting domestic violence victims.
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PETITION OF:
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
HOUSE DOCKET, NO. 1320 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1776
By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No.
1776) of Alyson M. Sullivan-Almeida and others relative to protecting domestic violence
victims. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1882 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to protecting domestic violence victims.
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. Section 18C of Chapter 265 of the Massachusetts General Laws is hereby
2amended by deleting the section in its entirety and replacing it with the following:-
3 (a)Whoever knowingly, in the day time or night time, breaks and enters a building,
4ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another and
5discovers that one or more persons are present shall have an immediate duty to retreat. Any
6person or persons who have illegally entered under this section and have failed to retreat shall
7forfeit any rights to civil or criminal action against the legal occupants for any injuries incurred.
8 (b)Whoever knowingly, in the day time or night time, breaks and enters a building,
9ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another where one 2 of 2
10or more minors are present shall have an immediate duty to retreat. Any person or persons who
11have illegally entered under this section and have failed to retreat shall forfeit any rights to civil
12or criminal action against the legal occupants for any injuries incurred. Further, any person who
13is found guilty of illegally entering under this section where one or more minors are present shall
14be punished by imprisonment in the state prison for any term not less five years.
15 (c)Whoever, in the day time or night time, breaks and enters a building, ship, vessel
16or vehicle or otherwise enters into the dwelling place of another knowing or having reason to
17know that one or more persons are present within or knowingly enters the dwelling place of
18another and remains in such dwelling place knowing or having reason to know that one or more
19persons are present within while armed with a dangerous weapon, uses force or threatens the
20imminent use of force upon any person within such dwelling place whether or not injury occurs,
21or intentionally causes any injury to any person within such dwelling place shall be punished by
22imprisonment in the state prison for life or for any term of not less than twenty years.