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By Mr. Peterson of Grafton, petition (accompanied by bill, House, No. 1682) of George N. Peterson, Jr. relative to the protection of victims of certain crimes and good samaritans. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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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 of the General Laws, as appearing in the 2002 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 preponderance of
evidence that the plaintiff’s injuries were sustained during the commission or
attempted commission of a violation of sections 1, 3, 13, 13A, 13B, 13C, 13D,
13D1/2, 13F, 13G, 13H, 13I, 13J, 13K, 14, 15, 15A, 15B, 16, 17, 18, 18A, 18B,
18C, 19, 20, 21, 21A, 22, 22A, 23, 24, 24B, 25, 26, 26A, 28, 29, 36, 37, 38,
39, 43, or 44 of chapter two hundred and sixty-five, or of sections 1, 2, 5A,
14, 15, 17 or 18 of chapter two hundred and sixty-six, and the plaintiff was
convicted of or adjudicated delinquent of any such offense; and 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.