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2 | 2 | | HOUSE DOCKET, NO. 1236 FILED ON: 1/14/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2041 |
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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 | | David T. Vieira |
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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 to protect victims of stalking in violation of harassment prevention orders. |
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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:David T. Vieira3rd Barnstable1/14/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 1236 FILED ON: 1/14/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2041 |
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18 | 18 | | By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 2041) of |
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19 | 19 | | David T. Vieira for legislation to to protect victims of stalking in violation of harassment |
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20 | 20 | | prevention orders. The Judiciary. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to protect victims of stalking in violation of harassment prevention orders. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Section 7 of chapter 209A of the General Laws, as appearing in the 2022 |
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30 | 30 | | 2Official Edition, is hereby amended by inserting, after the first sentence in the second paragraph, |
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31 | 31 | | 3the following sentence:- The appropriate law enforcement agency responsible for notice to the |
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32 | 32 | | 4defendant shall notify the victim when a temporary or permanent abuse prevention order: (i) has |
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33 | 33 | | 5been successfully served; (ii) has not been successfully served within 12 hours of receipt of the |
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34 | 34 | | 6order from the court, and every 24 hours thereafter until service is complete or the court orders |
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35 | 35 | | 7otherwise, and the effect of non-service on the order’s validity; or (iii) has expired or otherwise |
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36 | 36 | | 8become ineffective. |
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37 | 37 | | 9 SECTION 2. Section 9 of chapter 258E of the General Laws, as so appearing, is hereby |
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38 | 38 | | 10amended by inserting, after the first sentence in the second paragraph, the following sentence: |
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39 | 39 | | 11The appropriate law enforcement agency responsible for notice to the defendant shall notify the |
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40 | 40 | | 12victim when a temporary or permanent harassment prevention order: (i) has been successfully 2 of 2 |
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41 | 41 | | 13served; (ii) has not been successfully served within 12 hours of receipt of the order from the |
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42 | 42 | | 14court, and every 24 hours thereafter until service is complete or the court orders otherwise, and |
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43 | 43 | | 15the effect of non-service on the order’s validity; or (iii) has expired or otherwise become |
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44 | 44 | | 16ineffective. |
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45 | 45 | | 17 SECTION 3. Section 43 of chapter 265 of the General Laws, as so appearing, is amended |
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46 | 46 | | 18by inserting, in line 21, after the word “vacate” the following words:- , harassment prevention. |
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47 | 47 | | 19 SECTION 4. Said section 43 of said chapter 265 is hereby further amended by inserting, |
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48 | 48 | | 20in line 26, after the words “two hundred and nine C” the following words:- ;or sections three, |
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49 | 49 | | 21five, or six of chapter two hundred and fifty-eight E; |
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