Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S952 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. 1076 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 952
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
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 protecting survivors of rape and their children.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkJason M. LewisFifth Middlesex1/31/2023Susannah M. Whipps2nd Franklin2/6/2023James K. Hawkins2nd Bristol2/8/2023 1 of 6
16	16	SENATE DOCKET, NO. 1076 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 952
18	18	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 952) of Sal N. DiDomenico,
19	19	Jason M. Lewis, Susannah M. Whipps and James K. Hawkins for legislation to protect survivors
20	20	of rape and their children. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 997 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 protecting survivors of rape and their children.
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 SECTION 1. Section 3(a) of Chapter 209C, as appearing in the 2020 Official Edition, is
32	32	2hereby amended by striking out the third sentence and inserting in place thereof the following
33	33	3sentences:-
34	34	4 "No court shall make an order providing visitation rights to a parent who was convicted
35	35	5of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of
36	36	6chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been
37	37	7continued without a finding, or who after a hearing is found by clear and convincing evidence to
38	38	8have committed a crime as defined in said chapters, and is seeking to obtain visitation with a
39	39	9child who was conceived during the commission of that rape. For purposes of this section, the
40	40	10failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself 2 of 6
41	41	11constitute proof that such a crime did not occur. Provided, however, such visitation rights may be
42	42	12granted if and only if such visitation is found to be in the best interests of the child and the
43	43	13mother of the child affirmatively consents to such visitation action. Termination of these rights
44	44	14shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall
45	45	15it limit the right of the child to inherit through or from the perpetrator of the crime.
46	46	16 Further, no court shall make an order providing visitation rights to a parent who was
47	47	17convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes
48	48	18has been continued without a finding, or who after a hearing is found by clear and convincing
49	49	19evidence to have committed a crime as defined in said chapters, and is seeking to obtain
50	50	20visitation with a child where the victim of the crime was pregnant at the time of the crime or
51	51	21becomes pregnant as a result of the crime: or where the victim and the defendant have a child in
52	52	22common: or where a child is the victim or witness to the crime. For purposes of this section, the
53	53	23failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself
54	54	24constitute proof that such a crime did not occur. Provided, however, such visitation rights may be
55	55	25granted if and only if such visitation is found to be in the best interests of the child and the
56	56	26mother of the child affirmatively consents to such visitation. Termination of these rights shall not
57	57	27prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit
58	58	28the right of the child to inherit through or from the perpetrator of the crime."
59	59	29 SECTION 2. Section 10 of Chapter 209C, as appearing in the 2020 Official Edition, is
60	60	30hereby amended by inserting at the end of the current statute the following section:-
61	61	31 "(f) No court shall make an order providing custody rights to a parent who was convicted
62	62	32of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of 3 of 6
63	63	33chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been
64	64	34continued without a finding, or who after a hearing is found by clear and convincing evidence to
65	65	35have committed a crime as defined in said chapters, and is seeking to obtain any form of custody
66	66	36of a child who was conceived during the commission of that rape. For purposes of this section,
67	67	37the failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself
68	68	38constitute proof that such a crime did not occur. Provided, however, such custody rights may be
69	69	39granted if and only if such custody is found to be in the best interests of the child and the mother
70	70	40of the child affirmatively consents to such custody. Termination of these rights shall not prevent
71	71	41a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right
72	72	42of the child to inherit through or from the perpetrator of the rape.
73	73	43 Further, no court shall make an order providing custody rights to a parent who was
74	74	44convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes
75	75	45has been continued without a finding, or who after a hearing is found by clear and convincing
76	76	46evidence to have committed a crime as defined in said chapters, and is seeking to obtain
77	77	47visitation with a child where the victim of the crime was pregnant at the time of the crime or
78	78	48becomes pregnant as a result of the crime: or where the victim and the defendant have a child in
79	79	49common: or where a child is the victim or witness to the crime. For purposes of this section, the
80	80	50failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself
81	81	51constitute proof that such a crime did not occur. Provided, however, such visitation or custody
82	82	52rights may be granted if and only if such custody is found to be in the best interests of the child
83	83	53and the mother of the child affirmatively consents to such visitation or custody action.
84	84	54Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to 4 of 6
85	85	55pay child support nor shall it limit the right of the child to inherit through or from the perpetrator
86	86	56of the crime."
87	87	57 SECTION 3. Chapter 208, as appearing in the 2020 Official Edition, is hereby amended
88	88	58by inserting the following section:-
89	89	59 "Section 31B. No court shall make an order providing custody or visitation rights to a
90	90	60parent who was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A,
91	91	6122B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under
92	92	62such statutes has been continued without a finding, or who after a hearing is found by clear and
93	93	63convincing evidence to have committed a crime as defined in said chapters, and is seeking to
94	94	64obtain custody or visitation rights with a child who was conceived during the commission of that
95	95	65rape. For purposes of this section, the failure to seek or obtain a conviction of the above-
96	96	66enumerated crimes shall not in and of itself constitute proof that such a crime did not occur.
97	97	67Provided, however, such custody or visitation rights may be granted if and only if such custody
98	98	68or visitation is found to be in the best interests of the child and the mother of the child
99	99	69affirmatively consents to such custody or visitation. Termination of these rights shall not prevent
100	100	70a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right
101	101	71of the child to inherit through or from the perpetrator of the crime.
102	102	72 Further, no court shall make an order providing custody or visitation rights to a parent
103	103	73who was convicted of a crime under Sections 13 A and 15D, against whom a charge under such
104	104	74statutes has been continued without a finding, or who after a hearing is found by clear and
105	105	75convincing evidence to have committed a crime as defined in said chapters, and is seeking to
106	106	76obtain custody or visitation right with a child where the victim of the crime was pregnant at the 5 of 6
107	107	77time of the crime or becomes pregnant as a result of the crime: or where the victim and the
108	108	78defendant have a child in common: or where a child is the victim or witness to the crime. For
109	109	79purposes of this section, the failure to seek or obtain a conviction of the above-enumerated
110	110	80crimes shall not in and of itself constitute proof that such a crime did not occur. Provided,
111	111	81however, such custody or rights may be granted if and only if such custody or visitation is found
112	112	82to be in the best interests of the child and the mother of the child affirmatively consents to such
113	113	83custody or visitation. Termination of these rights shall not prevent a court from ordering the
114	114	84perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit
115	115	85through or from the perpetrator of the crime."
116	116	86 SECTION 4. Chapter 210, as appearing in the 2018 Official Edition, is hereby amended
117	117	87by striking in section 3 the subsection (d) and inserting in place thereof:-
118	118	88 "(d) In consideration of a petition to dispense with parental rights to consent to an
119	119	89adoption if that person was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H,
120	120	9022, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a
121	121	91charge under such statutes has been continued without a finding, or who after a hearing is found
122	122	92by clear and convincing evidence to have committed a crime as defined in said chapters, then
123	123	93there shall be an irrebuttable presumption that said parent is unfit and that it is in the best
124	124	94interests of the child to dispense with the need for consent to adoption by the parent who
125	125	95committed such offense or conduct. For purposes of this section, the failure to seek or obtain a
126	126	96conviction of the above-enumerated crimes shall not in and of itself constitute proof that such a
127	127	97crime did not occur. Provided, however, a termination petition may be denied if and only if there
128	128	98has been no conviction of the above-enumerated crimes, such action is found to be contrary to
129	129	99the best interests of the child and the mother of the child opposes such termination. 6 of 6
130	130	100 (e) Nothing in this section shall be construed to prohibit the petitioner and a birth parent
131	131	101from entering into an agreement for post-termination contact or communication. The court
132	132	102issuing the termination decree under this section shall have jurisdiction to resolve matters
133	133	103concerning the agreement. Such agreement shall become null and void upon the entry of an
134	134	104adoption or guardianship decree.
135	135	105 Notwithstanding the existence of any agreement for post-termination or post-adoption
136	136	106contact or communication, the decree entered under this section shall be final.
137	137	107 Nothing in this section shall be construed to prohibit a birth parent who has entered into a
138	138	108post-termination agreement from entering into an agreement for post-adoption contact or
139	139	109communication pursuant to section 6C once an adoptive family has been identified."