SENATE DOCKET, NO. 269        FILED ON: 1/13/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 817

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cynthia Stone Creem

_________________

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 relative to testimony in criminal proceedings.

_______________

PETITION OF:

 

Name:

District/Address:

 

Cynthia Stone Creem

First Middlesex and Norfolk

 

Jason M. Lewis

Fifth Middlesex

1/25/2017

Marjorie C. Decker

25th Middlesex

1/30/2017

Michael J. Barrett

Third Middlesex

2/2/2017

Danielle W. Gregoire

4th Middlesex

2/3/2017

Sal N. DiDomenico

Middlesex and Suffolk

2/3/2017

Jack Lewis

7th Middlesex

3/2/2017


SENATE DOCKET, NO. 269        FILED ON: 1/13/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 817

By Ms. Creem, a petition (accompanied by bill, Senate, No. 817) of Cynthia S. Creem, Jason M. Lewis, Marjorie C. Decker, Michael J. Barrett and other members of the General Court for legislation relative to testimony in criminal proceedings .  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 761 OF 2015-2016.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to testimony in criminal proceedings.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 20 of chapter 233 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the clause Fourth and inserting in place thereof the following clause:-

Fourth, Except in a proceeding before an inquest, grand jury, trial of an indictment or complaint or any other criminal, delinquency or youthful offender proceeding where the victim in the proceeding is not a family member and does not reside in the family household, neither the parent nor minor child shall testify against the other; provided, however, that for the purpose of this clause, “parent” shall mean the biological or adoptive parent, stepparent, foster parent, legal guardian or any other person who has the right to act in loco parentis for the child; and provided, further, that in cases where the victim is a family member and resides in the family household, the parent shall not testify as to any communication with the child that was for the purpose of seeking advice regarding the child’s legal rights.