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