By Mr. Rushing of Boston, petition (accompanied by bill, House, No. 1712) of Byron Rushing and others for legislation to include the providing of spiritual treatment through prayer in lieu of medical treatment as a defense in certain assault and battery upon a child actions.  The Judiciary.

 

The Commonwealth of Massachusetts

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PETITION OF:

 

Byron Rushing

Robert L. Hedlund

Jarrett T. Barrios

James E. Timilty

Ellen Story

Martha M. Walz

Louis L. Kafka

Jay R. Kaufman

Michael A. Costello

Viriato Manuel deMacedo

Tom Sannicandro

Frank I. Smizik

Robert L. Rice, Jr.

Alice K. Wolf

Mary E. Grant

Scott P. Brown

Robert A. Havern

F. Jay Barrows

Jeffrey Sanchez

Douglas W. Petersen

Pam Richardson

Paul C. Casey

Bradford Hill

Carl M. Sciortino, Jr.

J. James Marzilli, Jr.

Alice Hanlon Peisch

Denise Provost

Peter V. Kocot

Thomas P. Conroy

Kay Khan

Karyn E. Polito

Robert S. Hargraves

Paul J. P. Loscocco

 

 

 

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In the Year Two Thousand and Seven.

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 An Act to further religious freedom.

 

    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 13J of Chapter 265 of the General Laws, as inserted by Chapter 340 of the Acts of 1993, is hereby further amended by inserting after paragraph (b) the following paragraph:--

                (c)  It shall be a defense to any prosecution under this section that the parent, guardian, or other person legally charged with the care or custody of such child reasonably provided to the child spiritual treatment through prayer in lieu of medical treatment.”

 

SECTION 2:  “Section 13L of Chapter 265 of the General Laws, as inserted by Chapter 322 of the Acts of 2002, is hereby amended by inserting after the final paragraph the following paragraph:--

                It shall be a defense to any prosecution under this section that the parent, guardian, or other person legally charged with the care or custody of such child reasonably provided to the child spiritual treatment through prayer in lieu of medical treatment.”