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SENATE DOCKET, NO. 330         FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 661


The Commonwealth of Massachusetts



Stephen M. Brewer


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 the common defense..






Stephen M. Brewer

Worcester, Hampden, Hampshire, Franklin

Shaunna O'Connell

3rd Bristol

Angelo J. Puppolo, Jr.

12th Hampden

Cleon H. Turner

1st Barnstable

Elizabeth A. Poirier

14th Bristol

Susan Williams Gifford

2nd Plymouth

Nicholas A. Boldyga

3rd Hampden

Thomas A. Golden, Jr.

16th Middlesex

Paul K. Frost

7th Worcester

Matthew A. Beaton

11th Worcester

Demetrius J. Atsalis

2nd Barnstable

Daniel B. Winslow

9th Norfolk

Bradley H. Jones, Jr.

20th Middlesex

Dennis A. Rosa

4th Worcester

Viriato Manuel deMacedo

1st Plymouth

George T. Ross

2nd Bristol

Michael O. Moore


Bruce E. Tarr


George N. Peterson, Jr.

9th Worcester

Todd M. Smola

1st Hampden

Marc T. Lombardo

22nd Middlesex

Anne M. Gobi

5th Worcester

Randy Hunt

5th Barnstable

Christine E. Canavan

10th Plymouth

John J. Binienda

17th Worcester

Donald F. Humason, Jr.

4th Hampden

Richard Bastien

2nd Worcester

SENATE DOCKET, NO. 330        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 661

By Mr. Brewer, a petition (accompanied by bill, Senate, No. 661) of Stephen M. Brewer, Shaunna O'Connell, Angelo J. Puppolo, Jr., Cleon H. Turner and other members of the General Court for legislation relative to the common defense.  The Judiciary. 


SEE SENATE, NO. 1580 OF 2009-2010.]

The Commonwealth of Massachusetts


In the Year Two Thousand Eleven



An Act relative to the common defense..

              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.  Chapter 278: Section 8A. Killing or injuring a person defense of self or others;

              Section 8A. It shall be an act of lawful defense if a person, who is an occupant of a dwelling or in any place that they have a right to be, used deadly force, or less than deadly force, if he or she acted in the reasonable belief that an assailant was about to inflict great bodily injury or death upon themselves or upon another person who also had a right to be in the location. There shall be no duty on a person to retreat from any place that they have a right to be. An act of lawful defense as outlined in this section shall not be cause for arrest or prosecution. Further, an act of lawful defense under this section shall not be cause for the revocation of a license issued under sections, 122, 123, 129B or 131 of Chapter 140.

              SECTION 2.  Chapter 231: Section 85U. Death or injury to assailants; liability of defender

              Section 85U. No person who has committed an act of lawful defense as outlined in section 8A of chapter 278 shall be held liable in an action for damages for death or injuries to an assailant.             

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