By Mr. DeLeo of Winthrop, petition (accompanied by bill, House, No. 2463) of Robert A. DeLeo and Anne M. Gobi relative to the testimony of a child against a parent in certain criminal proceedings.  Public Service.  [Local Approval Received.].

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Robert A. DeLeo

Anne M. Gobi

 

 


 

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In the Year Two Thousand and Seven.

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 An Act relative to child 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 2004 official edition, is hereby amended by striking the fourth clause and inserting in place thereof the following:--

 

Fourth, An unemancipated, minor child, shall not testify before a grand jury, trial of an indictment, complaint or other criminal proceeding, against a parent who maintains either physical custody, legal custody or both over said child, where the victim in such proceeding is not a member of said parent's family and who does not reside in the said parent's household.  For the purposes of this clause the term "parent'' shall mean the natural or adoptive mother or father of said child.