summary
Introduced
01/22/2019
01/22/2019
In Committee
01/22/2019
01/22/2019
Crossed Over
Passed
Dead
12/31/2020
12/31/2020
Introduced Session
191st General Court
Bill Summary
Relative to survivors of rape and children of rape survivors. The Judiciary.
AI Summary
This bill aims to protect survivors of rape and their children by restricting visitation and custody rights for perpetrators of certain sexual crimes, such as rape and sexual assault. The key provisions include:
1. Prohibiting courts from granting visitation rights to a parent who has been convicted of or found by clear and convincing evidence to have committed specific sexual crimes against the child's other parent, unless it is in the best interests of the child and the mother consents. This applies to crimes like rape, sexual assault, and incest.
2. Restricting custody rights for parents who have committed these sexual crimes against the child's other parent, unless it is in the best interests of the child and the mother consents.
3. Creating an irrebuttable presumption of unfitness for a parent who has committed these sexual crimes, allowing the court to dispense with the need for that parent's consent for the child's adoption.
The bill also allows for post-termination contact agreements and preserves the child's right to inherit from the perpetrator, as well as the perpetrator's obligation to pay child support.
Committee Categories
Justice
Sponsors (8)
Brian Ashe (D),
Sal DiDomenico (D),
Michelle DuBois (D),
Tricia Farley-Bouvier (D),
Carmine Gentile (D),
Tram Nguyen (D),
Shaunna O'Connell (R),
Andy Vargas (D),
Last Action
Accompanied a study order, see H5081 (on 11/12/2020)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://malegislature.gov/Bills/191/H3295 |
Bill | https://malegislature.gov/Bills/191/H3295.pdf |
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