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Bill

HD 415

An Act relative to restraining orders as they pertain to hate crimes

194th Legislature (2025-2026) Introduced by Tackey Chan

Establishes civil restraining orders against individuals accused of hate crimes to protect victims from further bias-motivated harm during legal proceedings.

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Bill Summary · HD 415

Legislative bill overview

HD 415 would modify Massachusetts restraining order laws to specifically address perpetrators of hate crimes. The bill establishes mechanisms to issue protective orders against individuals who commit crimes motivated by bias based on protected characteristics such as race, religion, ethnicity, sexual orientation, or gender identity. This creates a civil legal remedy alongside criminal penalties for hate crime offenses.

Why is this important

Hate crimes cause documented psychological trauma and community fear that extend beyond the individual victim. Restraining orders provide immediate civil protection while criminal cases proceed, and signal institutional recognition that bias-motivated conduct warrants protective intervention. This addresses a gap where victims of hate crimes may lack timely protective measures during the legal process.

Potential points of contention

  • Due process concerns: Opponents may argue that restraining orders based on alleged hate motivations could be issued before criminal conviction, raising questions about evidence standards and First Amendment protections for speech
  • Definition disputes: Disagreement over what constitutes a "hate crime" motivation and who determines this classification could affect application and create inconsistent enforcement
  • Scope of protected classes: Debate over which characteristics should qualify for protection under the restraining order provision, and whether the list should be expanded or limited

Compiled from official sources — confirm details with the bill’s official record.

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