PRIOR PRINTER'S NOS. 661, 852, 1028
PRINTER'S NO. 1060
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
663
Session of
2015
INTRODUCED BY VULAKOVICH, SCARNATI, ALLOWAY, AUMENT, BOSCOLA,
BROOKS, COSTA, FOLMER, FONTANA, HAYWOOD, McGARRIGLE,
McILHINNEY, MENSCH, RAFFERTY, STEFANO, TARTAGLIONE, VOGEL,
WARD AND SCHWANK, MARCH 31, 2015
AS AMENDED ON SECOND CONSIDERATION, JUNE 16, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in proceedings prior to petition to
adopt, further providing for grounds for involuntary
termination and for hearing; in support matters generally,
further providing for liability for support; and, in child
custody, further providing for consideration of criminal
conviction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2511(a)(7) and 2513(d) of Title 23 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 2511. Grounds for involuntary termination.
(a) General rule.--The rights of a parent in regard to a
child may be terminated after a petition filed on any of the
following grounds:
* * *
(7) The parent is the [father] parent of a child
conceived as a result of [a rape or incest.] any of the
following offenses , WHICH THE PARENT HAS BEEN CONVICTED OF,
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PLED GUILTY OR NO CONTEST TO, OR BEEN ADJUDICATED DELINQUENT
FOR :
(i) 18 Pa.C.S. § 3121 (relating to rape);
(ii) 18 Pa.C.S. § 3122.1 (relating to statutory
sexual assault);
(iii) 18 Pa.C.S. § 3124.1 (relating to sexual
assault);
(iv) 18 Pa.C.S. § 3124.2 (relating to institutional
sexual assault); or
(v) 18 Pa.C.S. § 4302 (relating to incest).
(VI) AN EQUIVALENT OFFENSE UNDER THE LAWS OF ANOTHER
STATE OF THE UNITED STATES TO ANY OFFENSE UNDER
SUBPARAGRAPHS (I), (II), (III), (IV) AND (V).
* * *
§ 2513. Hearing.
* * *
(d) Decree.--After hearing, which may be private, the court
shall make a finding relative to the pertinent provisions of
section 2511 (relating to grounds for involuntary termination)
and upon such finding may enter a decree of termination of
parental rights. A decree entered terminating parental rights
under this section shall not affect any support obligation
imposed under THE SUPPORT OBLIGATION PROVIDED FOR BY section
4321 (relating to liability for support) on the parent whose
rights have been terminated OR THE INHERITANCE RIGHTS PROVIDED
FOR OR THROUGH THE CHILD SUBJECT TO THE DECREE BY THE LAWS OF
THIS COMMONWEALTH OR ANY OTHER STATE .
Section 2. Section 4321 of Title 23 is amended by adding a
paragraph to read:
§ 4321. Liability for support.
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Subject to the provisions of this chapter:
* * *
(4) For purposes of paragraphs (2) and (3), the term
"parents" includes an individual whose parental rights have
been terminated due to a conviction for , PLEA OF GUILTY OR NO
CONTEST TO, OR ADJUDICATION OF DELINQUENCY FOR any of the
following offenses where the child was conceived as a result
of the offense:
(i) 18 Pa.C.S. § 3121 (relating to rape);
(ii) 18 Pa.C.S. § 3122.1 (relating to statutory
sexual assault);
(iii) 18 Pa.C.S. § 3124.1 (relating to sexual
assault);
(iv) 18 Pa.C.S. § 3124.2 (relating to institutional
sexual assault); or
(v) 18 Pa.C.S. § 4302 (relating to incest) . ; OR
(VI) AN EQUIVALENT OFFENSE UNDER THE LAWS OF ANOTHER
STATE OF THE UNITED STATES TO ANY OFFENSE UNDER
SUBPARAGRAPHS (I), (II), (III), (IV) AND (V).
Paternity of the child under this paragraph shall be
established in accordance with the laws of this Commonwealth .
The cost of the testing shall be borne by the parent who was
convicted of the offense.
* * *
Section 3. Section 5329 of Title 23 is amended by adding a
subsection to read:
§ 5329. Consideration of criminal conviction.
* * *
(b.1) Parent convicted of certain sexual offenses.--
(1) Except as provided in paragraph (2), no court shall
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award any type of custody set forth in section 5323 (relating
to award of custody) to the parent of a child conceived as a
result of any of the following offenses for which the parent
has been convicted:
18 Pa.C.S. § 3121.
18 Pa.C.S. § 3122.1.
18 Pa.C.S. § 3124.1.
18 Pa.C.S. § 3124.2 (relating to institutional sexual
assault).
18 Pa.C.S. § 4302.
(2) A court may award any type of custody set forth in
section 5323 to a parent who has been convicted of an offense
under paragraph (1) if:
(i) the parent who was the victim of the offense , OR
THE LEGAL GUARDIAN IF THE PARENT IS A MINOR OR IS
OTHERWISE INCAPABLE OF PERSONALLY OBJECTING, does not
object to the custody award; or
(ii) despite the objection to the custody award by
the parent who was the victim of the offense UNDER THIS
PARAGRAPH , the child is of suitable age and consents to
the custody order and the court determines the award is
in the best interest of the child.
(3) Paternity of the child shall be established in
accordance with the laws of this Commonwealth. The cost of
the testing shall be borne by the parent who was convicted of
the offense.
* * *
Section 4. The amendment or addition of 23 Pa.C.S. §§
2511(a)(7), 2513(d), 4321(4) and 5329 (b.1) shall apply to any
action regarding custody of a child under 23 Pa.C.S. Ch. 43 or
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53 that is filed on or after the effective date of this section.
Section 5. This act shall take effect in 60 days.
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