Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4351 Latest Draft

Bill / Introduced Version Filed 02/12/2024

                            HOUSE . . . . . . . . No. 4351
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, February 12, 2024.
The committee on The Judiciary, to whom were referred the petition 
(accompanied by bill, House, No. 1551) of Kate Hogan for legislation to 
protect victims of stalking in violation of harassment prevention orders, 
and the petition (accompanied by bill, House, No. 3788) of David T. 
Vieira and others relative to providing notification to victims and family 
members of victims when notices of temporary restraining orders or other 
abuse prevention orders have been successfully served, reports 
recommending that the accompanying bill (House, No. 4351) ought to 
pass.
For the committee,
MICHAEL S. DAY. 1 of 2
        FILED ON: 2/5/2024
HOUSE . . . . . . . . . . . . . . . No. 4351
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 to protect victims of stalking in violation of harassment prevention orders.
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 7 of chapter 209A of the General Laws, as appearing in the 2022 
2Official Edition, is hereby amended by inserting, after the first sentence in the second paragraph, 
3the following sentence:- The appropriate law enforcement agency responsible for notice to the 
4defendant shall notify the victim when a temporary or permanent abuse prevention order: (i) has 
5been successfully served; (ii) has not been successfully served within 12 hours of receipt of the 
6order from the court, and every 24 hours thereafter until service is complete or the court orders 
7otherwise, and the effect of non-service on the order’s validity; or (iii) has expired or otherwise 
8become ineffective.
9 SECTION 2. Section 9 of chapter 258E of the General Laws, as so appearing, is hereby 
10amended by inserting, after the first sentence in the second paragraph, the following sentence: 
11The appropriate law enforcement agency responsible for notice to the defendant shall notify the 
12victim when a temporary or permanent harassment prevention order: (i) has been successfully 
13served; (ii) has not been successfully served within 12 hours of receipt of the order from the 
14court, and every 24 hours thereafter until service is complete or the court orders otherwise, and  2 of 2
15the effect of non-service on the order’s validity; or (iii) has expired or otherwise become 
16ineffective.
17 SECTION 3. Section 43 of chapter 265 of the General Laws, as so appearing, is amended 
18by inserting, in line 21, after the word “vacate” the following words:- , harassment prevention. 
19 SECTION 4. Said section 43 of said chapter 265 is hereby further amended by inserting, 
20in line 26, after the words “two hundred and nine C” the following words:- ;or  sections three, 
21five, or six of chapter two hundred and fifty-eight E;.