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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, HORNAMAN, KORTZ, KOTIK, LEVDANSKY, MAHONEY, MILLARD, MOUL, MURT, READSHAW, K. SMITH, WHEATLEY, WHITE AND YOUNGBLOOD, MARCH 27, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 27, 2009 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, further providing for determination of |
3 | paternity. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5104 heading, (a), (b), (c), (d) and (g) |
7 | of Title 23 of the Pennsylvania Consolidated Statutes are |
8 | amended to read: |
9 | § 5104. [Blood tests] Tests to determine paternity. |
10 | (a) [Short title of section.--This section shall be known |
11 | and may be cited as the Uniform Act on Blood Tests to Determine |
12 | Paternity.] Testing.--A test to determine paternity shall be |
13 | conducted in accordance with this section. The test shall be |
14 | conducted upon blood, deoxyribonucleic acid (DNA) or both. |
15 | (b) Scope of section.-- |
16 | (1) Civil matters.--This section shall apply to all |
17 | civil matters. |
18 | (2) Criminal proceedings.--This section shall apply to |
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1 | all criminal proceedings subject to the following limitations |
2 | and provisions: |
3 | (i) An order for the tests shall be made only upon |
4 | application of a party or on the initiative of the court. |
5 | (ii) The compensation of the experts shall be paid |
6 | by the party requesting the [blood test] tests or by the |
7 | county, as the court shall direct. |
8 | (iii) The court may direct a verdict of acquittal |
9 | upon the conclusions of all the experts under subsection |
10 | (f). Otherwise, the case shall be submitted for |
11 | determination upon all the evidence. |
12 | (iv) The refusal of a defendant to submit to the |
13 | tests may not be used in evidence against the defendant. |
14 | (c) Authority for test.--In any matter subject to this |
15 | section in which paternity, parentage or identity of a child is |
16 | a relevant fact, the court, upon its own initiative or upon |
17 | suggestion made by or on behalf of any person whose blood or DNA |
18 | is involved, may or, upon motion of any party to the action made |
19 | at a time so as not to delay the proceedings unduly, shall order |
20 | the mother, child and alleged father to submit to blood tests, |
21 | DNA tests or both. If any party refuses to submit to the tests, |
22 | the court may resolve the question of paternity, parentage or |
23 | identity of a child against the party or enforce its order if |
24 | the rights of others and the interests of justice so require. |
25 | (d) Selection of experts.--The tests shall be made by |
26 | experts qualified as examiners of blood types or DNA |
27 | identification, who shall be appointed by the court. The experts |
28 | shall be called by the court as witnesses to testify to their |
29 | findings and shall be subject to cross-examination by the |
30 | parties. Any party or person at whose suggestion the tests have |
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1 | been ordered may demand that other experts qualified as |
2 | examiners of blood types or DNA identification perform |
3 | independent tests under order of court, the results of which may |
4 | be offered in evidence. The number and qualifications of experts |
5 | shall be determined by the court. |
6 | * * * |
7 | (g) Effect on presumption of [legitimacy] paternity.--The |
8 | presumption of [legitimacy] paternity of a child born during |
9 | wedlock as heretofore recognized in this Commonwealth is |
10 | reaffirmed and made subject to the following provisions: |
11 | (1) Upon petition for testing in an action in which |
12 | paternity of the child is an issue filed no later than five |
13 | years after the child's birth, the court shall permit testing |
14 | to rebut the presumption of paternity, provided that the |
15 | overall interests of justice, including the best interests of |
16 | the child, would not be unreasonably harmed and: |
17 | (i) the parties subject to the presumption are |
18 | divorced or irreconcilably separated and one or both |
19 | assert reasonable grounds to believe that application of |
20 | the presumption is likely to result in an incorrect |
21 | paternity determination; or |
22 | (ii) the parties subject to the presumption mutually |
23 | agree to submit to and be bound by the testing. |
24 | (2) The presumption of paternity is overcome if the |
25 | court finds that the conclusions of all the experts as |
26 | disclosed by the evidence based upon the tests show that the |
27 | husband is not the father of the child. |
28 | Section 2. This act shall take effect in 60 days. |
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