PRINTER'S NO. 729
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
723
Session of
2015
INTRODUCED BY FARNESE, McGARRIGLE, BREWSTER, FONTANA AND
BOSCOLA, APRIL 14, 2015
REFERRED TO JUDICIARY, APRIL 14, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for consideration of criminal conviction; and providing for
consideration of other conduct and child conceived as a
result of certain conduct.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5329 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 5329. Consideration of criminal conviction.
* * *
(b.1) Parent convicted of certain offenses.--No court shall
award custody, partial custody or supervised physical custody to
a parent who has been convicted of any of the following offenses
against the other parent of the child who is the subject of the
order and who was conceived as a result of:
(1) Rape under 18 Pa.C.S. § 3121.
(2) Statutory sexual assault under 18 Pa.C.S. § 3122.1.
(3) Sexual assault under 18 Pa.C.S. § 3124.1.
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(4) Institutional sexual assault under 18 Pa.C.S. §
3124.2 (relating to institutional sexual assault).
(5) Incest under 18 Pa.C.S. § 4302.
* * *
Section 2. Title 23 is amended by adding a section to read:
§ 5330.1. Consideration of other conduct and child conceived as
a result of certain conduct.
No court shall award custody, partial custody or supervised
physical custody to a parent where the court finds by clear and
convincing evidence both of the following:
(1) The child for whom custody, partial custody or
supervised physical custody is sought was conceived as a
result of conduct that would constitute an offense under one
or more of the following criminal statutes:
(i) Rape under 18 Pa.C.S. § 3121 (relating to rape).
(ii) Statutory sexual assault under 18 Pa.C.S. §
3122.1 (relating to statutory sexual assault).
(iii) Sexual assault under 18 Pa.C.S. § 3124.1
(relating to sexual assault).
(iv) Institutional sexual assault under 18 Pa.C.S. §
3124.2 (relating to institutional sexual assault).
(v) Incest under 18 Pa.C.S. § 4302 (relating to
incest).
(2) The parent who seeks custody, partial custody or
supervised physical custody of the child described in
paragraph (1) committed the conduct described in paragraph
(1).
Section 3. This act shall take effect in 60 days.
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