Bill Text: MA S1580 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to the common defense
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - Reporting date extended to Friday, May 7, 2010 [S1580 Detail]
Download: Massachusetts-2009-S1580-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Mr. 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 passage of the accompanying bill:
An Act relative to the common defense.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Stephen M. Brewer |
Worcester, Hampden, Hampshire and Franklin |
|
Richard J. Ross |
9th Norfolk |
|
Bruce E. Tarr |
First Essex and Middlesex |
|
Anne M. Gobi |
5th Worcester |
|
Donald F. Humason, Jr. |
4th Hampden |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S00804 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
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.
