Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1025 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1002 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1025
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
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 visitation and family court matters in domestic violence cases.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexMarian T. Ryan15 Commonwealth Avenue, Woburn, MA
16	16	01801 1 of 5
17	17	SENATE DOCKET, NO. 1002 FILED ON: 1/18/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1025
19	19	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1025) of Jason M. Lewis and Marian
20	20	T. Ryan for legislation relative to visitation and family court matters in domestic violence cases.
21	21	The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1076 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to visitation and family court matters in domestic violence cases.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 276 of the General Laws is hereby amended by inserting after
33	33	2section 42A the following section:-
34	34	3 Section 42B. Conditions of release visitation rights.
35	35	4 (a) This section applies to defendants who are:
36	36	5 (1) charged or convicted of the offenses of assault or rape under section 13B to 13B 3/4,
37	37	6inclusive, 13F, 13H, 15 or 22 to 23B, inclusive, of chapter 265, or section 3 of chapter 272, or
38	38	7the strangulation of a pregnant person under section 15D of chapter 265 or the assault or the
39	39	8assault and battery of a pregnant person under section 13A of chapter 265; and 2 of 5
40	40	9 (2) where the victim of the crime is pregnant at the time of the crime or becomes
41	41	10pregnant as a result of the crime; or where the victim and the defendant have a child in common;
42	42	11or where a child is the victim or witness to the crime.
43	43	12 (b) For a defendant as described in subsection (a), the criminal court in which the
44	44	13defendant was charged or convicted shall issue a ban, prohibiting the defendant from obtaining
45	45	14visitation with a child resulting from the pregnancy or a child as described in paragraph (2) of
46	46	15subsection (a), during the entire pretrial period, and following a conviction, for all or a portion of
47	47	16a sentence as described in subsection (c).
48	48	17 (i) The adult victim, or the mother of a child victim or witness, may waive the right to
49	49	18have a visitation ban issue.
50	50	19 (ii) A child of suitable age, or a guardian ad litem acting on their behalf, may request that
51	51	20the ban issue or not issue.
52	52	21 (iii) Where a mother and a child of suitable age disagree about whether to waive the
53	53	22visitation ban, a guardian ad litem shall be appointed to the child and the judge shall make a
54	54	23determination regarding visitation based on the best interests of the child.
55	55	24 (iv) Decisions by victims and any involved children regarding visitation bans are not
56	56	25necessarily permanent and a visitation ban may issue, or be subsequently waived, at any time
57	57	26during the pendency of the case leading to the time when a visitation ban would terminate as
58	58	27described in section (3).
59	59	28 (v) Nothing in this section precludes the Commonwealth or the victim from asking for a
60	60	29stay away or no contact order as a post-conviction condition pursuant to sentencing. 3 of 5
61	61	30 (c) The visitation ban shall terminate after the completion of the defendant’s sentence,
62	62	31following a conviction or plea of guilty to the offenses listed in (a)(1), or after 1 year of the
63	63	32defendant’s sentence, whichever is shorter. In the event that the defendant then seeks visitation
64	64	33through the probate courts, the defendant must complete a psychological evaluation, a domestic
65	65	34violence education program, a parenting program and any other treatment the probate court
66	66	35deems necessary prior to being allowed visitation.
67	67	36 (1) If the defendant as described in subsection (a) is acquitted of the relevant charges or if
68	68	37the case is terminated, the ban prohibiting visitation shall be immediately lifted.
69	69	38 (d) For defendants for whom there is a ban prohibiting visitation as described in this
70	70	39section, the probate court shall stay any Complaints to Establish Paternity, Motions for Genetic
71	71	40Marker Testing or other motions filed by the defendant, relating to parental rights, such stay to
72	72	41continue until the visitation ban is lifted.
73	73	42 SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting after
74	74	43section 87A the following section:-
75	75	44 Section 87B. Conditions of probation visitation rights.
76	76	45 (a) This section applies to defendants who are:
77	77	46 (1) charged or convicted of the offenses of assault or rape under section 13B to 13B 3/4,
78	78	47inclusive, 13F, 13H, 15 or 22 to 23B, inclusive, of chapter 265, or section 3 of chapter 272, or
79	79	48the strangulation of a pregnant person under section 15D of chapter 265 or the assault or the
80	80	49assault and battery of a pregnant person under section 13A of chapter 265; and 4 of 5
81	81	50 (2) where the victim of the crime is pregnant at the time of the crime or becomes
82	82	51pregnant as a result of the crime; or where the victim and the defendant have a child in common;
83	83	52or where a child is the victim or witness to the crime.
84	84	53 (b) For a defendant as described in subsection (a), the criminal court in which the
85	85	54defendant was charged or convicted shall issue a ban, prohibiting the defendant from obtaining
86	86	55visitation with a child resulting from the pregnancy or a child as described in paragraph (2) of
87	87	56subsection (a), during the entire pretrial period, and following a conviction, for all or a portion of
88	88	57a sentence as described in subsection (c).
89	89	58 (i) The adult victim, or the mother of a child victim or witness, may waive the right to
90	90	59have a visitation ban issue.
91	91	60 (ii) A child of suitable age, or a guardian ad litem acting on their behalf, may request that
92	92	61the ban issue or not issue.
93	93	62 (iii) Where a mother and a child of suitable age disagree about whether to waive the
94	94	63visitation ban, a guardian ad litem shall be appointed to the child and the judge shall make a
95	95	64determination regarding visitation based on the best interests of the child.
96	96	65 (iv) Decisions by victims and any involved children regarding visitation bans are not
97	97	66necessarily permanent and a visitation ban may issue, or be subsequently waived, at any time
98	98	67during the pendency of the case leading to the time when a visitation ban would terminate as
99	99	68described in section (3).
100	100	69 (v) Nothing in this section precludes the Commonwealth or the victim from asking for a
101	101	70stay away or no contact order as a post-conviction condition pursuant to sentencing. 5 of 5
102	102	71 (c) The visitation ban shall terminate after the completion of the defendant’s sentence,
103	103	72following a conviction or plea of guilty to the offenses listed in (a)(1), or after 1 year of the
104	104	73defendant’s sentence, whichever is shorter. In the event that the defendant then seeks visitation
105	105	74through the probate courts, the defendant must complete a psychological evaluation, a domestic
106	106	75violence education program, a parenting program and any other treatment the probate court
107	107	76deems necessary prior to being allowed visitation.
108	108	77 (1) If the defendant as described in subsection (a) is acquitted of the relevant charges or if
109	109	78the case is terminated, the ban prohibiting visitation shall be immediately lifted.
110	110	79 (d) For defendants for whom there is a ban prohibiting visitation as described in this
111	111	80section, the probate court shall stay any Complaints to Establish Paternity, Motions for Genetic
112	112	81Marker Testing or other motions filed by the defendant, relating to parental rights, such stay to
113	113	82continue until the visitation ban is lifted.