SENATE, No. 65

By Mr. Berry, a petition (accompanied by bill, Senate, No. 65) of Frederick E. Berry, Jonathan Blodgett, Robert F. Fennell and Steven A. Baddour for legislation relative to penalizing domestic abusers. Children and Families

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts x

In the Year Two Thousand and Five.

AN ACT PENALIZING DOMESTIC ABUSERS.

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 265 of the General Laws is hereby amended by adding the following section: -

Section 46.  Whoever commits assault or assault and battery on a family or household member, shall be punished by imprisonment in the house of correction for not more than 2 ˝ years or in the state prison for not more than 5 years.   For the purposes of this statute, “family or household member” shall mean persons who:

(a)    are or were married to one another;

(b)    are or were residing together in the same household;

(c)    are or were related by blood or marriage;

(d)     having a child in common regardless of whether they have ever married or lived together; or

(e)    are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts in consideration of the following factors: (1)  the length of time of the relationship;  (2) the type of relationship;  (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.