HOUSE DOCKET, NO. 775        FILED ON: 1/28/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1882

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Alyson M. Sullivan

_________________

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 relative to protecting domestic violence victims.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Alyson M. Sullivan

7th Plymouth

1/28/2021

Patrick Joseph Kearney

4th Plymouth

1/28/2021

Bud L. Williams

11th Hampden

2/3/2021

Timothy R. Whelan

1st Barnstable

2/9/2021

Paul K. Frost

7th Worcester

2/9/2021

Colleen M. Garry

36th Middlesex

2/16/2021

David F. DeCoste

5th Plymouth

2/19/2021

Kelly W. Pease

4th Hampden

2/20/2021

Michael J. Soter

8th Worcester

2/23/2021

Christopher Hendricks

11th Bristol

2/25/2021

David Allen Robertson

19th Middlesex

2/25/2021

Susan Williams Gifford

2nd Plymouth

3/18/2021

Steven S. Howitt

4th Bristol

3/18/2021

Mathew J. Muratore

1st Plymouth

3/19/2021

Steven G. Xiarhos

5th Barnstable

3/19/2021

David K. Muradian, Jr.

9th Worcester

3/19/2021

Norman J. Orrall

12th Bristol

3/31/2021


HOUSE DOCKET, NO. 775        FILED ON: 1/28/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1882

By Ms. Sullivan of Abington, a petition (accompanied by bill, House, No. 1882) of Alyson M. Sullivan and others relative to protecting domestic violence victims.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to protecting domestic violence victims.

 

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 18C of Chapter 265 of the Massachusetts General Laws is hereby amended by deleting the section in its entirety and replacing it with the following:-

(a)Whoever knowingly, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another and discovers that one or more persons are present shall have an immediate duty to retreat. Any person or persons who have illegally entered under this section and have failed to retreat shall forfeit any rights to civil or criminal action against the legal occupants for any injuries incurred.

(b)Whoever knowingly, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another where one or more minors are present shall have an immediate duty to retreat. Any person or persons who have illegally entered under this section and have failed to retreat shall forfeit any rights to civil or criminal action against the legal occupants for any injuries incurred. Further, any person who is found guilty of illegally entering under this section where one or more minors are present shall be punished by imprisonment in the state prison for any term not less five years.

(c)Whoever, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise enters into the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.