PRINTER'S NO. 2990
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2059
Session of
2018
INTRODUCED BY ROZZI, HAGGERTY, CALTAGIRONE, READSHAW, PASHINSKI,
WATSON, DEAN, DAVIS AND YOUNGBLOOD, FEBRUARY 5, 2018
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2018
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in property rights, further providing for equitable
division of marital property; in alimony and support, further
providing for bar to alimony; in protection from abuse,
further providing for definitions; in child protective
services, further providing for definitions; and, in
protection of victims of sexual violence or intimidation,
further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3502(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 3502. Equitable division of marital property.
(a) General rule.--[Upon] Except as otherwise provided under
subsection (a.1), upon the request of either party in an action
for divorce or annulment, the court shall equitably divide,
distribute or assign, in kind or otherwise, the marital property
between the parties without regard to marital misconduct in such
percentages and in such manner as the court deems just after
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considering all relevant factors. The court may consider each
marital asset or group of assets independently and apply a
different percentage to each marital asset or group of assets.
Factors which are relevant to the equitable division of marital
property include the following:
(1) The length of the marriage.
(2) Any prior marriage of either party.
(3) The age, health, station, amount and sources of
income, vocational skills, employability, estate, liabilities
and needs of each of the parties.
(4) The contribution by one party to the education,
training or increased earning power of the other party.
(5) The opportunity of each party for future
acquisitions of capital assets and income.
(6) The sources of income of both parties, including,
but not limited to, medical, retirement, insurance or other
benefits.
(7) The contribution or dissipation of each party in the
acquisition, preservation, depreciation or appreciation of
the marital property, including the contribution of a party
as homemaker.
(8) The value of the property set apart to each party.
(9) The standard of living of the parties established
during the marriage.
(10) The economic circumstances of each party at the
time the division of property is to become effective.
(10.1) The Federal, State and local tax ramifications
associated with each asset to be divided, distributed or
assigned, which ramifications need not be immediate and
certain.
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(10.2) The expense of sale, transfer or liquidation
associated with a particular asset, which expense need not be
immediate and certain.
(11) Whether the party will be serving as the custodian
of any dependent minor children.
(a.1) Exception.--Notwithstanding subsection (a), if a party
has been convicted of sexual abuse of the party's spouse or
child, the party shall relinquish all rights, title and interest
to all marital property.
* * *
Section 2. Section 3706 of Title 23 is amended to read:
§ 3706. Bar to alimony.
[No petitioner is entitled to receive an award of alimony]
The following are not entitled to receive an award of alimony:
(1) The petitioner, where the petitioner, subsequent to
the divorce pursuant to which alimony is being sought, has
entered into cohabitation with a person of the opposite sex
who is not a member of the family of the petitioner within
the degrees of consanguinity.
(2) A party that has been convicted of sexual abuse of
the party's spouse or child.
Section 3. The definition of "abuse" in section 6102(a) of
Title 23 is amended to read:
§ 6102. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Abuse." The occurrence of one or more of the following acts
between family or household members, sexual or intimate partners
or persons who share biological parenthood:
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(1) Attempting to cause or intentionally, knowingly or
recklessly causing bodily injury, serious bodily injury,
rape, involuntary deviate sexual intercourse, sexual assault,
statutory sexual assault, aggravated indecent assault,
indecent assault or incest with or without a deadly weapon.
(2) Placing another in reasonable fear of imminent
serious bodily injury.
(3) The infliction of false imprisonment pursuant to 18
Pa.C.S. § 2903 (relating to false imprisonment).
(4) [Physically or sexually abusing minor children,
including such terms as defined in Chapter 63 (relating to
child protective services)] Engaging in child abuse as
defined under section 6303(b.1) (relating to definitions).
(5) Knowingly engaging in a course of conduct or
repeatedly committing acts toward another person, including
following the person, without proper authority, under
circumstances which place the person in reasonable fear of
bodily injury. The definition of this paragraph applies only
to proceedings commenced under this title and is inapplicable
to any criminal prosecutions commenced under Title 18
(relating to crimes and offenses).
* * *
Section 4. Section 6303(b.1) of Title 23 is amended by
adding a paragraph to read:
§ 6303. Definitions.
* * *
(b.1) Child abuse.--The term "child abuse" shall mean
intentionally, knowingly or recklessly doing any of the
following:
* * *
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(11) Engaging in emotional abuse of a child.
* * *
Section 5. The definitions of "family or household members,"
"intimidation" and "sexual violence" in section 62A03 of Title
42 are amended to read:
§ 62A03. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
["Family or household members." Spouses or persons who have
been spouses, persons living as spouses or who lived as spouses,
parents and children, other persons related by consanguinity or
affinity, current or former sexual or intimate partners or
persons who share biological parenthood.]
* * *
"Intimidation." Conduct constituting a crime under either of
the following provisions [between persons who are not family or
household members]:
18 Pa.C.S. § 2709(a)(4), (5), (6) or (7) (relating to
harassment) where the conduct is committed by a person 18
years of age or older against a person under 18 years of age.
18 Pa.C.S. § 2709.1 (relating to stalking) where the
conduct is committed by a person 18 years of age or older
against a person under 18 years of age.
* * *
"Sexual violence." Conduct constituting a crime under any of
the following provisions [between persons who are not family or
household members]:
18 Pa.C.S. Ch. 31 (relating to sexual offenses), except
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18 Pa.C.S. §§ 3129 (relating to sexual intercourse with
animal) and 3130 (relating to conduct relating to sex
offenders).
18 Pa.C.S. § 4304 (relating to endangering welfare of
children) if the offense involved sexual contact with the
victim.
18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of
minors).
18 Pa.C.S. § 6312(b) (relating to sexual abuse of
children).
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor).
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
* * *
Section 6. This act shall take effect in 60 days.
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