Amendment ID: S2703-4-R3

3rd Redraft Amendment 4

Abuse in Harassment Orders

Ms. Edwards, Ms. Kennedy, Ms. Rausch, Ms. Jehlen, Ms. Miranda and Mr. Gomez move that the proposed new text be amended by inserting after section  the following section:-

“SECTION 4A. Section 1 of chapter 258E of the General Laws, as so appearing, is hereby amended by striking out the definitions of “Harassment” and “Court” and inserting in place thereof the following 3 definitions:-

“Coercive control”, either:

(i) a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a person that causes that person to reasonably fear physical harm or have a reduced sense of physical safety including, but not limited to: (A) isolating the person from friends, relatives or other sources of support; (B) depriving the person of basic needs; (C)  controlling, regulating or monitoring the person’s activities, communications, movements, finances, economic resources or access to services, including through technological means; (D) compelling the person to abstain from or engage in a specific behavior or activity, including engaging in criminal activity; (E) threatening to harm a child or relative of the person; (F) threatening to commit cruelty or abuse to an animal connected to the person; (G) intentionally damaging property belonging to the person; or (H) threatening to publish sexually explicit images of the person; or

(ii) a single act intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a person that causes the person to reasonably fear physical harm or have a reduced sense of physical safety including, but not limited to: (A) harming a child or relative of the person; (B) committing abuse to an animal connected to the person; or (C) publishing sexually explicit images of the person; provided, however, “coercive control” shall not include isolated conduct undertaken by an individual to protect themselves or their children from the risk of present or future harm.

''Court'', the district or Boston municipal court, the superior court or the juvenile court departments of the trial court.

“Harassment'', (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; (ii) coercive control; or (iii) 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, 43 or 43A of chapter 265 or section 3 of chapter 272.”.