|
By Mr. Correia of Fall River, petition (accompanied by bill, House, No. 1363) of Robert Correia and others relative to the protection of victims of crime. The Judiciary. |
The Commonwealth of Massachusetts
——————
PETITION OF:
|
By Mr. Correia of Fall River, petition (accompanied by bill, House, No. 1363) of Robert Correia and others relative to the protection of victims of crime. The Judiciary. |
The Commonwealth of Massachusetts
——————
PETITION OF:
——————
In the Year Two Thousand and Seven.
——————
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 278 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following new section:—
Section 8B. In any tort action for damages based upon personal injury sustained
by the plaintiff where the defendant shall furnish proof by a preponderance of
evidence that the injury sustained by the plaintiff arose during the commission
or attempted commission of any offense arising under chapter two hundred and
sixty-five, or any offense arising under chapter two hundred and sixty-six,
Sections 1, 2, 5A, 11, 12 or 15, then the plaintiff shall be deemed to have
assumed all risks of injury, whether such injury was caused intentionally or
unintentionally, arising from the encounter with any victim or good Samaritan
during the commission or attempted commission of any such crimes, and such
proof shall constitute a complete defense to this action.