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2 | 2 | | SENATE DOCKET, NO. 2563 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1097 |
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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 | | Ryan C. Fattman, (BY REQUEST) |
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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 appealing a notice of disinvitation. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Rosemarie Rook 1 of 1 |
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16 | 16 | | SENATE DOCKET, NO. 2563 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1097 |
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18 | 18 | | By Mr. Fattman (by request), a petition (accompanied by bill, Senate, No. 1097) of Rosemarie |
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19 | 19 | | Rook, for legislation to appeal a notice of disinvitation to access a premises. The Judiciary. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to appealing a notice of disinvitation. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 Section 120 of chapter 266 of the General Laws, as appearing in the 2022 Official |
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29 | 29 | | 2Edition, is hereby amended by adding the following 2 paragraphs:- |
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30 | 30 | | 3 Whoever, having a good faith reasonable belief that they have a right to access the |
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31 | 31 | | 4premises and receives written notice informing them that they are no longer welcome on the |
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32 | 32 | | 5premises and entering the premises would reasonably result in criminal trespass pursuant to this |
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33 | 33 | | 6section, may file a complaint in the district court seeking to vacate such written notice. |
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34 | 34 | | 7 An order to vacate such written notice shall be in the discretion of the court if the court |
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35 | 35 | | 8determines that the person who directly provided said written notice abused their discretion of |
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36 | 36 | | 9control of said premises. The court’s order shall be a complete affirmative defense to any |
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37 | 37 | | 10prosecution against the person receiving such notice under any provision of this section. |
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