Bill Text: MA S1600 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to spousal claims for tortious conduct
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - Reporting date extended to Friday, May 7, 2010 [S1600 Detail]
Download: Massachusetts-2009-S1600-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Gale D. Candaras
_______________
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 spousal claims for tortious conduct
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Gale D. Candaras |
First Hampden and Hampshire |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S00826 OF .]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to spousal claims for tortious conduct.
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 231 of the General Laws is hereby amended by inserting after
section 85Z the following section:—
Section 85AA. Whoever commits an act of violence against his
spouse, which act results in physical injury to such spouse, whether or not
such act resulted in criminal charges, prosecution or conviction, shall be
liable in tort to his spouse for damages as a result thereof. An action for
damages may be commenced in the superior court or the probate court and shall
constitute a separate cause of action from any other actions for divorce,
support, or alimony. The court in awarding damages may assign all or part of
the estate of the husband or wife in satisfaction thereof, which assignment
shall be in addition to any order of alimony or support pursuant to any other
domestic relations claim.
