Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Section 32C of chapter 121B of the General Laws, as
appearing in the 2002 Official Edition, is hereby amended by striking out the
first paragraph and inserting in place thereof the following paragraph:-
Whenever a person who is not a member of a tenant household has, on or near a
public housing development or a subsidized housing development: (a) caused
serious physical harm to a member of a tenant household or employee of the
landlord or any other person lawfully on the premises of the housing authority;
(b) intentionally, willfully, and repeatedly destroyed, vandalized, or stolen
property of a member of a tenant household or of the landlord or any other
person lawfully on the premises of the housing authority; (c) intentionally
and willfully destroyed, vandalized, or stolen property of a member of a tenant
household or of the landlord or any other person lawfully on the premises of
the housing authority and attempted to seriously physically harm a member of a
tenant household or employee of the landlord or any other person lawfully on
the premises of the housing authority; (d) possessed or carried a weapon in
violation of section 10 of chapter 269 or possessed or used an explosive or
infernal machine, as such as defined in section 102A of chapter 266 with the
exception of fire-crackers or violated any other provision of section 101,
102, 102A or 102B of said chapter 266; (e) unlawfully sold or possessed with
intent to distribute a controlled substance as established as Class A, B, C,
or
D in section 31 of chapter 94C; or (f) committed or repeatedly threatened to
commit a battery upon a person or damaged or repeatedly threatened to commit
damage to the property of another for the purpose of intimidation because of
the person's race, color, religion, or national origin or on account of the
person's participation in an eviction proceeding; the landlord of such premises
may bring a civil action for injunctive or other appropriate equitable relief
in order to prohibit the person from entering or remaining in or upon the
public or subsidized housing development, unless there is cause to believe that
such unlawful conduct is unlikely to continue or to pose a serious threat to
the health or safety of the development, the tenant households at such
development, or the employees of the landlord. Whenever a tenant or member of
a tenant's household residing in a public or subsidized housing development has
caused or threatened to cause harm to another tenant, an employee of the
landlord, or any other person who is known or believed to be a witness in an
eviction against the tenant, the landlord may bring a civil action for
injunctive or other appropriate equitable relief in order to protect the
witness
from harm threatened by the tenant or member of the tenant household.
Approved December 9, 2004.