HOUSE DOCKET, NO. 412 FILED ON: 1/10/2019
HOUSE . . . . . . . . . . . . . . . No. 1496
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The Commonwealth of Massachusetts
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PRESENTED BY:
David Paul Linsky
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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 to protect individuals from malicious prosecution.
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PETITION OF:
Name: | District/Address: | Date Added: |
David Paul Linsky | 5th Middlesex | 1/10/2019 |
HOUSE DOCKET, NO. 412 FILED ON: 1/10/2019
HOUSE . . . . . . . . . . . . . . . No. 1496
By Mr. Linsky of Natick, a petition (accompanied by bill, House, No. 1496) of David Paul Linsky relative to protection from malicious statements made by persons reporting crimes. The Judiciary. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3082 OF 2017-2018.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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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.