HOUSE DOCKET, NO. 3240        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3082

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David Paul Linsky

_________________

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 to protect individuals from malicious prosecution.

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PETITION OF:

 

Name:

District/Address:

David Paul Linsky

5th Middlesex


HOUSE DOCKET, NO. 3240        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3082

By Mr. Linsky of Natick, a petition (accompanied by bill, House, No. 3082) of David Paul Linsky relative to protection from malicious statements made by persons reporting crimes.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act to protect individuals from malicious prosecution.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1: Section 6F of Chapter 231 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the first paragraph the following new paragraph:-

No person shall be liable in tort for statements made to law enforcement with respect to the reporting of crime provided, however, that the immunity conferred by this section shall not apply to any statement which, when given, was made maliciously, in bad faith or with knowledge of its falsity.  The plaintiff shall bear the burden of such proof by a preponderance of the evidence.