SENATE DOCKET, NO. 2729        FILED ON: 8/11/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2599

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr, (BY REQUEST)

_________________

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 preventing abuse of restraining orders by a third party.

_______________

PETITION OF:

SENATE DOCKET, NO. 2729        FILED ON: 8/11/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2599

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to preventing abuse of restraining orders by a third party.

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

Section 43 of Chapter 208 is hereby amended by striking subsection (b) paragraph 1 and inserting in place thereof the following:-

(b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. For purposes of violations of this statute when in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued as defined in the aforementioned sections, or or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court; stalking shall be defined solely as “whoever 1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer emotional distress, and 2) makes a threat with the intent to at least place the person in fear, shall be guilty of the crime of stalking. The conduct, acts or threats described in this subsection shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications; using third parties to follow the actions and activities of the victim previously named in the aforementioned temporary or permanent vacate, restraining, or no-contact order or judgment; using any means by which to obtain information to their place of residence in violation of aforementioned orders; convincing third parties to threaten the aforementioned victim.  No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.