Bill
Bill > S875
MA S875
To protect victims of rape and children conceived during the commission of said offense
summary
Introduced
01/23/2017
01/23/2017
In Committee
01/23/2017
01/23/2017
Crossed Over
Passed
Dead
12/31/2018
12/31/2018
Introduced Session
190th General Court
Bill Summary
For legislation to protect victims of rape and children conceived during the commission of said offense. The Judiciary.
AI Summary
This bill aims to protect victims of rape and children conceived during the commission of such offenses. Key provisions include:
1. Establishing a rebuttable presumption that a defendant who is the biological source of a child conceived during the commission of a sexual assault is unfit for sole, shared legal, or shared physical custody of the child. This presumption can only be overcome for shared legal or physical custody through a clear and convincing finding by the court that the defendant is a fit parent.
2. Allowing courts to require the convicted defendant to pay monetary restitution for the consequences of the nonconsensual conception and to modify any previous custody orders.
3. Prohibiting courts from granting visitation rights to a person convicted of or pleading guilty to a sexual assault if the child was conceived during the commission of that offense.
4. Creating an irrebuttable presumption of unfitness and the need to dispense with parental consent for adoption if the court finds the child was conceived during the commission of a sexual assault.
Committee Categories
Justice
Sponsors (4)
Last Action
Accompanied a study order, see S2313 (on 03/01/2018)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://malegislature.gov/Bills/190/S875 |
Bill | https://malegislature.gov/Bills/190/S875.pdf |
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