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Bill

H 1716

An Act prohibiting court ordered visitation rights to any persons convicted of criminal offenses against a minor

194th Legislature (2025-2026) Introduced by Colleen Garry

H 1716 eliminates court discretion to grant visitation rights to anyone convicted of crimes against minors, establishing a categorical prohibition in Massachusetts family law.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1716

Legislative bill overview

H 1716 would prohibit courts from granting visitation rights to any person convicted of criminal offenses against a minor. The bill creates a categorical ban on court-ordered visitation for this population, regardless of circumstances or the specific nature of the offense.

Why is this important

This legislation directly impacts child safety protections and custody law by eliminating judicial discretion in cases involving convicted offenders. It affects both family court proceedings and the rights of defendants, while potentially influencing how states balance protection mechanisms with due process considerations.

Potential points of contention

  • Judicial discretion vs. blanket prohibition: The bill removes judges' ability to assess individual cases, including variations in offense severity, rehabilitation evidence, and specific risk factors, which some argue limits fair case-by-case evaluation
  • Definition scope: "Criminal offenses against a minor" could encompass a broad range of convictions (from certain statutory rape charges to serious felonies), raising questions about whether all categories warrant identical treatment
  • Constitutional considerations: Opponents may raise due process and equal protection concerns about categorical restrictions on visitation rights, including challenges to how prior convictions are applied prospectively

Compiled from official sources — confirm details with the bill’s official record.

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