A03850
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
12
Session of
2015
INTRODUCED BY SCHLOSSBERG, SCHWEYER, YOUNGBLOOD, FREEMAN,
KINSEY, THOMAS, O'BRIEN, McNEILL, DAVIDSON, V. BROWN,
CARROLL, STEPHENS, SANTARSIERO, COHEN, MURT, D. COSTA,
M. DALEY, BROWNLEE, READSHAW, ROSS, WATSON, FRANKEL,
DONATUCCI, McCARTER, TRUITT, MOUL AND SIMS, JANUARY 21, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 20, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, IN PRELIMINARY PROVISIONS RELATING TO
DIVORCE, FURTHER PROVIDING FOR DEFINITIONS; AND, in
dissolution of marital status, further providing for grounds
for divorce and, for counseling AND FOR DECREE OF COURT.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3301(e) and 3302(c) of Title 23 of the
Pennsylvania Consolidated Statutes are amended and the sections
are amended by adding subsections to read:
SECTION 1. SECTION 3103 OF TITLE 23 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
§ 3103. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS PART SHALL
HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
"PERSONAL INJURY CRIME." AN ACT THAT CONSTITUTES A
MISDEMEANOR OR FELONY UNDER ANY OF THE FOLLOWING , or criminal
attempt, solicitation or conspiracy to commit any of the
following :
18 PA.C.S. CH. 25 (RELATING TO CRIMINAL HOMICIDE).
18 PA.C.S. CH. 27 (RELATING TO ASSAULT).
18 PA.C.S. CH. 29 (RELATING TO KIDNAPPING).
18 PA.C.S. CH. 30 (RELATING TO HUMAN TRAFFICKING).
18 PA.C.S. CH. 31 (RELATING TO SEXUAL OFFENSES).
18 PA.C.S. § 3301 (RELATING TO ARSON AND RELATED
OFFENSES).
18 PA.C.S. CH. 37 (RELATING TO ROBBERY).
18 PA.C.S. CH. 49 SUBCH. B (RELATING TO VICTIM AND
WITNESS INTIMIDATION).
75 PA.C.S. § 3732 (RELATING TO HOMICIDE BY VEHICLE).
75 PA.C.S. § 3742 (RELATING TO ACCIDENTS INVOLVING DEATH
OR PERSONAL INJURY).
* * *
SECTION 2. SECTION 3301(C) OF TITLE 23 IS AMENDED TO READ:
§ 3301. Grounds for divorce.
* * *
(b.1) Crime against spouse.--The court may grant a divorce
where it is alleged that the marriage is irretrievably broken
and 90 days have elapsed from the date of commencement of an
action under this part and an affidavit along with any other
relevant supporting documentation has been filed by a party
evidencing that the other party has been convicted of or has
pleaded guilty or no contest to a crime against spouse.
* * *
(e) No hearing required in certain cases.--If grounds for
A03850 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
divorce alleged in the complaint or counterclaim are established
under subsection (b.1), (c) or (d), the court shall grant a
divorce without requiring a hearing on any other grounds.
(f) Definition.--As used in this section, the term "crime
against spouse" shall mean an offense under 18 Pa.C.S. (relating
to crimes and offenses) where the party filing the affidavit was
the victim of the offense.
(C) MUTUAL CONSENT.--
(1) THE COURT MAY GRANT A DIVORCE WHERE IT IS ALLEGED
THAT THE MARRIAGE IS IRRETRIEVABLY BROKEN AND 90 DAYS HAVE
ELAPSED FROM THE DATE OF COMMENCEMENT OF AN ACTION UNDER THIS
PART AND AN AFFIDAVIT HAS BEEN FILED BY EACH OF THE PARTIES
EVIDENCING THAT EACH OF THE PARTIES CONSENTS TO THE DIVORCE.
(2) THE CONSENT OF A PARTY SHALL BE PRESUMED WHERE THAT
PARTY HAS BEEN CONVICTED OF COMMITTING A PERSONAL INJURY
CRIME AGAINST THE OTHER PARTY.
SECTION 3. SECTION 3302 OF TITLE 23 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 3302. Counseling.
* * *
(c) Irretrievable breakdown.--
(1) Whenever the court orders a continuation period as
provided for irretrievable breakdown in section 3301(d)(2),
the court shall require up to a maximum of three counseling
sessions within the time period where either of the parties
requests it or may require such counseling where the parties
have at least one child under 16 years of age.
(2) Notwithstanding paragraph (1), if a party files an
affidavit along with any other relevant supporting
documentation with the court evidencing:
A03850 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) that the party was or is protected by an order
enforceable under Chapter 61 (relating to protection from
abuse) in which the other party is the named defendant;
or
(ii) that the other party was convicted of or has
pleaded guilty or no contest to a crime against spouse,
the court shall not order counseling sessions.
* * *
(g) Definition.--As used in this section, the term "crime
against spouse" shall have the same meaning given to it in
section 3301(f) (relating to grounds for divorce).
(G) EXCEPTION.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
IN NO CASE MAY THE COURT REQUIRE COUNSELING OVER THE OBJECTION
OF A PARTY THAT HAS A PROTECTION FROM ABUSE ORDER, ENFORCEABLE
UNDER CHAPTER 61 (RELATING TO PROTECTION FROM ABUSE) AGAINST THE
OTHER PARTY, OR WHERE THAT PARTY WAS THE VICTIM OF A PERSONAL
INJURY CRIME IN WHICH THE OTHER PARTY WAS CONVICTED or has
entered into an Accelerated Rehabilitative Disposition program
as a resul t of conduct for which the other party was a victim .
SECTION 4. SECTION 3323(G)(2) OF TITLE 23 IS AMENDED TO
READ:
§ 3323. DECREE OF COURT.
* * *
(G) GROUNDS ESTABLISHED.--FOR PURPOSES OF SUBSECTIONS (C.1)
AND (D.1), GROUNDS ARE ESTABLISHED AS FOLLOWS:
* * *
(2) IN THE CASE OF AN ACTION FOR DIVORCE UNDER SECTION
3301(C), BOTH PARTIES HAVE FILED AFFIDAVITS OF CONSENT OR, IF
THE PRESUMPTION IN SECTION 3301(C)(2) IS ESTABLISHED, ONE
PARTY HAS FILED AN AFFIDAVIT OF CONSENT.
A03850 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
Section 2 5. This act shall take effect in 60 days.
A03850 - 5 -
1
2