HOUSE DOCKET, NO. 415        FILED ON: 1/9/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Tackey Chan

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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 relative to restraining orders as they pertain to hate crimes.

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PETITION OF:

HOUSE DOCKET, NO. 415        FILED ON: 1/9/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1418 OF 2023-2024.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act relative to restraining orders as they pertain to hate crimes.

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 1 of chapter 258E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the definition of “Harassment” and inserting in place thereof the following definition:- 

“Harassment”, (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to caucus fear, intimidation, abuse or damage to property and that does in face cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 37, 39, 43 or 43A of chapter 265 or section 3 of chapter 272. 

SECTION 2. Section 39 of chapter 265 of the General Laws is hereby amended by striking out the first sentence and replacing it thereof with the following sentence:- (a) Whoever commits an assault or a battery upon a person or the relative thereof or damages the real or personal property of a person with the intent to intimidate such person because of such person's race, color, religion, national origin, sexual orientation, gender identity, or disability shall be punished by a fine of not more than five thousand dollars or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.