Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1605 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3656 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1605
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kay Khan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to obtaining relief for a child or youth from abuse and harassment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kay Khan11th Middlesex1/20/2023Vanna Howard17th Middlesex1/31/2023Carol A. Doherty3rd Bristol2/20/2023 1 of 2
16	16	HOUSE DOCKET, NO. 3656 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1605
18	18	By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1605) of Kay
19	19	Khan, Vanna Howard and Carol A. Doherty relative to obtaining relief from abuse and
20	20	harassment. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1710 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to obtaining relief for a child or youth from abuse and harassment.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby
32	32	2amended by striking out section 85P and inserting in place thereof the following section:-
33	33	3 Section 85P. (a) Except as otherwise specifically provided by law, any person domiciled
34	34	4in the commonwealth who has reached the age of 18 shall for all purposes, and any other person
35	35	5who has reached the age of 18 shall with respect to any transaction governed by the law of the
36	36	6commonwealth, be deemed of full legal capacity unless legally incapacitated for some reason
37	37	7other than insufficient age. 2 of 2
38	38	8 (b) Notwithstanding subsection (a), a minor 13 years of age or older may appear in a
39	39	9court of competent jurisdiction without a parent, guardian, next friend, counsel, or guardian ad
40	40	10litem, for the purpose of requesting or opposing a request for any of the following:
41	41	11 (i) an order pursuant to chapter 209A;
42	42	12 (ii) an order pursuant to chapter 258E.
43	43	13 (c) If a minor at least 13 years of age seeks relief in a matter under subsection (b) and is
44	44	14not represented by an attorney, the minor shall be informed that the minor has a right to
45	45	15appointed counsel and the court shall appoint an attorney to represent the minor. The minor shall
46	46	16also be provided information on local victim advocate organizations. Notwithstanding, the court
47	47	17may proceed with an emergency ex parte hearing. Appointment of counsel shall be made through
48	48	18the Committee for Public Counsel Services.
49	49	19 (d) Subsection (b) shall not prevent a parent, guardian, custodian, or other appropriate
50	50	20adult to file or oppose a request for relief in a matter under subsection (b) on behalf of a minor of
51	51	21any age. In matters falling under subsection (b) in which a parent, guardian, custodian or other
52	52	22appropriate adult has sought relief on behalf of a minor plaintiff 13 years of age or older, the
53	53	23court shall consider the expressed wishes of the minor plaintiff in deciding whether to grant
54	54	24relief pursuant to subsection (b) and in determining the contents of such an order.