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| 2 | 2 | | SENATE DOCKET, NO. 2138 FILED ON: 1/20/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1058 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Mark C. Montigny |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act protecting victims of rape and their children. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthMichael O. MooreSecond Worcester2/15/2023Anne M. GobiWorcester and Hampshire2/21/2023 1 of 1 |
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| 16 | 16 | | SENATE DOCKET, NO. 2138 FILED ON: 1/20/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1058 |
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| 18 | 18 | | By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1058) of Mark C. Montigny, |
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| 19 | 19 | | Michael O. Moore and Anne M. Gobi for legislation to protect victims of rape and their children. |
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| 20 | 20 | | The Judiciary. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act protecting victims of rape and their children. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Section 3 of chapter 209C of the General Laws, as appearing in the 2020 Official Edition, |
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| 30 | 30 | | 2is hereby amended by striking the fourth sentence in subsection (a) and inserting in place thereof |
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| 31 | 31 | | 3the following sentence:- |
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| 32 | 32 | | 4 “No court shall make an order providing visitation rights to a parent who was convicted |
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| 33 | 33 | | 5of rape, under sections 22 to 23B, inclusive, of chapter 265 or section 2, 3, or 4 of chapter 272, |
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| 34 | 34 | | 6and is seeking to obtain visitation with the child who was conceived during the commission of |
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| 35 | 35 | | 7that rape; provided, that in the absence of a conviction a court shall not make an order providing |
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| 36 | 36 | | 8said visitation rights whenever clear and convincing evidence of the commission of rape can be |
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| 37 | 37 | | 9established”. |
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