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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT PROHIBITING COURT ORDERED VISITATION RIGHTS TO CERTAIN PERSONS CONVICTED OF FIRST DEGREE MURDER.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to prohibit court ordered visitation rights to certain persons convicted of first degree murder, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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 35 of chapter 119 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding the following sentence:- No court shall make an order providing visitation rights to a parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless such child is of suitable age to signify his assent and assents to such order; provided, further, that until such order is issued, no person shall visit, with the child present, a parent who has been convicted of murder in the first degree of the other parent of the child without the consent of the child's custodian or legal guardian.

SECTION 2. Section 28 of chapter 208 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

No court shall make an order providing visitation rights to a parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless such child is of suitable age to signify his assent and assents to such order; provided, further, that until such order is issued, no person shall visit, with the child present, a parent who has been convicted of murder in the first degree of the other parent of the child without the consent of the child's custodian or legal guardian.

SECTION 3. Section 37 of chapter 209 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

No court shall make an order providing visitation rights to a parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless such child is of suitable age to signify his assent and assents to such order; provided, further, that until such order is issued, no person shall visit, with the child present, a parent who has been convicted of murder in the first degree of the other parent of the child without the consent of the child's custodian or legal guardian.

SECTION 4. Subsection (a) of section 3 of chapter 209C of the General Laws, as so appearing, is hereby amended by adding the following sentence:- No court shall make an order providing visitation rights to any parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless such child is of suitable age to signify his assent and assents to such order; provided, further, that until such order is issued, no person shall visit, with the child present, a parent who has been convicted of murder in the first degree of the other parent of the child without the consent of the child's custodian or legal guardian.

Approved August 15, 1997.