HOUSE  .  .  .  .  .  .  .  .  No. 5092

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, July 26, 2022.

The committee on The Judiciary to whom was referred the petition (accompanied by bill, House, No. 1522) of Michael S. Day and others relative to interference or attempted interference by threats, intimidation or coercion in civil rights actions, reports recommending that the accompanying bill (House, No. 5092) ought to pass.

For the committee,

MICHAEL S. DAY.

        FILED ON: 7/22/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5092

The Commonwealth of Massachusetts

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

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An Act relative to civil rights.

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 11H of chapter 12 of the General Laws, as appearing in the 2020 Official Edition, as amended by section 37 of chapter 253 of the acts of 2020, is hereby amended by inserting, in line 32, after the word “secured”, the following:- ; provided, however, that in an action brought under this section against a law enforcement officer, as defined in section 1 of chapter 6E, for conduct under color of law, proof shall not be required that the interference or attempted interference was by threats, intimidation or coercion.

SECTION 2. Said section 11H of said chapter 12 of the General Laws, as so appearing, as amended by section 37 of chapter 253 of the acts of 2020, is hereby further amended by striking, in lines 62-64, the words “interference by threat, intimidation or coercion, or attempted interference by threats, intimidation or coercion,” and inserting in place thereof the following: - interference or attempted interference.

SECTION 3. Said section 11H of said chapter 12 of the General Laws, as so appearing, as amended by section 37 of chapter 253 of the acts of 2020, is hereby further amended by inserting, after subsection (b), the following subsection: -

(c) When granting a claim of immunity from civil liability in an action brought pursuant to this section or section 11I of this chapter against a law enforcement officer, as defined in section 1 of chapter 6E, the court shall also make a determination in writing as to whether the conduct alleged, if proven at trial, interfered with the exercise or enjoyment by any other person or persons of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth.

SECTION 4. Section 11I of said chapter 12 of the General Laws, as so appearing, is hereby amended by inserting, in line 8, after the word “damages.” the following: - In an action brought under this section against a law enforcement officer, as defined in section 1 of chapter 6E, for conduct under color of law, proof shall not be required that the interference or attempted interference was by threats, intimidation or coercion.