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HOUSE DOCKET, NO. 2415         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2146

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Garrett J. Bradley

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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 establishing a parent child testimonial privilege.

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PETITION OF:

 

Name:

District/Address:

Garrett J. Bradley

3rd Plymouth


HOUSE DOCKET, NO. 2415        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2146

By Mr. Bradley of Hingham, a petition (accompanied by bill, House, No. 2146) of Garrett J. Bradley for legislation to establish a parent child testimonial privilege.  The Judiciary. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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An Act establishing a parent child testimonial privilege.
 

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

              Section 20 of Chapter 233 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-

              Fifth, except in any proceeding where an unemancipated minor child is alleged to have committed a crime against a family member, a parent of such unemanicipated child shall not be compelled to testify in any proceeding against the unemancipated minor child.  A child, upon the showing that the parent posses exculpatory evidence, may compel the parent to testify.  For purposes of this clause, the term “parent” shall mean the natural or adoptive mother or father or stepparent of said unemancipated minor child, provided such relationship existed at the time of the event in question.

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