Massachusetts 194th General Court Status: Introduced 1 R cosponsors

H1661 — An Act to protect victims of rape and children conceived during the commission of said offense

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 194th General Court. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

In plain language

The bill aims to protect victims of rape and their children conceived from such offenses.

This legislation seeks to establish protective measures for victims of rape and for children who are conceived as a result of these crimes. Its goal is to safeguard the rights and well-being of both victims and their children.

Summary

An Act to protect victims of rape and children conceived during the commission of said offense

Bill Text

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How this bill changes current law

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The bill allows for the termination of parental rights in cases where a child is conceived as a result of rape or unlawful sexual battery.

  • Chapter 209

    Section 39. Notwithstanding the provisions of section 38, a married woman may file a petition with the court to terminate her husband’s parental rights pursuant to this section. Grounds for the termination of parental rights shall be established if the court determines by clear and convincing evidence that a child of the marriage was conceived as a result of an act of rape made unlawful pursuant to sections 22 or 22A of chapter 265, or pursuant to a similar law of another state, territory, possession, or Native American tribe where the offense occurred. It is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of unlawful sexual battery. A petition for termination of parental rights under this paragraph may be filed at any time. The court shall accept a guilty plea or conviction of unlawful sexual battery pursuant to said sections 22 or 22A of chapter 265 as conclusive proof that the child was conceived by a violation of criminal law as set forth in this section.

    This provision allows married women to petition for the termination of a husband's parental rights if the child was conceived from an act of rape.

  • Chapter 209C

    Section 1A. Notwithstanding section 10, the mother of a child who was born as a result of an act of rape as set forth in this section may file a petition with the court to terminate the perpetrator’s parental rights. Grounds for the termination of parental rights shall be established if the court determines by clear and convincing evidence that the child was conceived as a result of an act of rape made unlawful pursuant to sections 22 or 22A of chapter 265, or pursuant to a similar law of another state, territory, possession, or Native American tribe where the offense occurred. It is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of unlawful sexual battery. A petition for termination of parental rights under this paragraph may be filed at any time. The court shall accept a guilty plea or conviction of unlawful sexual battery pursuant to said sections 22 or 22A of chapter 265 as conclusive proof that the child was conceived by a violation of criminal law as set forth in this section.

    This provision allows mothers to petition for the termination of a perpetrator’s parental rights if the child was conceived from an act of rape.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 203 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (203)

203 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does H1661 do?
An Act to protect victims of rape and children conceived during the commission of said offense
Who sponsors H1661?
H1661 is sponsored by David F. DeCoste (Republican).
What is the current status of H1661?
This bill died with 194th General Court. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track H1661?
Track H1661 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 4 months ago · updated continuously

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