Bill > H773

This bill aims to protect victims of rape and children conceived during the commission of said offense. The key provisions of the bill are: 1. It establishes a presumption that a defendant is unfit for sole, shared legal, or shared physical custody of a child conceived during the commission of a rape or assault offense. This presumption can only be overcome for shared legal or physical custody, but not sole custody, if the rape victim petitions the court and the judge finds the defendant is a fit parent by clear and convincing evidence. 2. The court can order the convicted defendant to pay monetary restitution for the consequences of the conception during the nonconsensual sexual conduct. 3. The court can modify any previous custody orders granting the defendant sole, shared legal, or shared physical custody of the child. 4. The court cannot grant visitation rights to a person convicted of or pleading guilty to the rape or assault offense that resulted in the child's conception. 5. In cases without a conviction, the court can still consider evidence of the rape or assault offense and apply similar presumptions and restrictions on custody and visitation if it finds the conduct occurred by clear and convincing evidence. 6. The bill also establishes an irrebuttable presumption of unfitness for a parent convicted of or found to have committed the rape or assault offense, in proceedings to dispense with that parent's consent for the child's adoption.

Justice

https://malegislature.gov/Bills/190/H773