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        PRIOR PRINTER'S NOS. 630, 1291                PRINTER'S NO. 2523

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 565 Session of 1997


        INTRODUCED BY D. W. SNYDER, L. I. COHEN, WOGAN, ALLEN,
           ARMSTRONG, BAKER, BARD, BATTISTO, BEBKO-JONES, BELARDI,
           BELFANTI, BOSCOLA, BROWN, BROWNE, BUNT, BUXTON, CIVERA,
           CLYMER, COLAFELLA, CORPORA, DALLY, DeLUCA, DEMPSEY, DENT,
           E. Z. TAYLOR, EGOLF, FAIRCHILD, FARGO, FICHTER, GIGLIOTTI,
           GODSHALL, GRUITZA, HALUSKA, HARHART, HENNESSEY, HERSHEY,
           HESS, HORSEY, ITKIN, JADLOWIEC, JOSEPHS, KAISER, KELLER,
           KENNEY, KREBS, LEDERER, LEH, LUCYK, LYNCH, MANDERINO,
           MARKOSEK, MARSICO, MELIO, MICHLOVIC, MICOZZIE, MILLER,
           NAILOR, OLASZ, RAYMOND, READSHAW, ROBERTS, ROONEY, RUBLEY,
           SAINATO, SANTONI, SATHER, SAYLOR, SCHRODER, SCHULER,
           SCRIMENTI, SEMMEL, SERAFINI, SHANER, B. SMITH, STABACK,
           STERN, SURRA, TANGRETTI, THOMAS, TIGUE, VAN HORNE, WALKO,
           WAUGH, WILT, WOJNAROSKI, YOUNGBLOOD, BARRAR, TRUE, STEELMAN,
           RAMOS, JAMES, PETIT, GEIST, ROSS, GORDNER AND WASHINGTON,
           FEBRUARY 13, 1997

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           OCTOBER 28, 1997

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, further providing for visitation
     3     rights and partial custody.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5301 of Title 23 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 5301.  Declaration of policy.
     9     The General Assembly declares that it is the public policy of
    10  this Commonwealth, when in the best interest of the child, to
    11  assure [a]:

     1         (1)  A reasonable and continuing contact of the child
     2     with both parents after a separation or dissolution of the
     3     marriage and the sharing of the rights and responsibilities
     4     of child rearing by both parents [and continuing].
     5         (2)  Continuing contact of the child or children with
     6     grandparents when [a parent is deceased, divorced or
     7     separated] continuing contact is in the best interest of the
     8     child and would not interfere with the parent-child
     9     relationship.
    10     Section 2.  Section 5303 of Title 23 is amended by adding a    <--
    11  subsection SUBSECTIONS to read:                                   <--
    12  § 5303.  Award of custody, partial custody or visitation.
    13     * * *
    14     (B.2)  PARENT CONVICTED OF MURDER.--                           <--
    15         (1)  NO COURT SHALL MAKE AN ORDER PROVIDING VISITATION
    16     RIGHTS TO A PARENT WHO HAS BEEN CONVICTED OF MURDER IN THE
    17     FIRST DEGREE OF THE OTHER PARENT OF THE CHILD WHO IS THE
    18     SUBJECT OF THE ORDER, UNLESS SUCH CHILD IS OF SUITABLE AGE
    19     AND ASSENTS TO SUCH ORDER.
    20         (2)  FOR PURPOSES OF THIS SUBSECTION, THE PHRASE "CHILD
    21     IS OF SUITABLE AGE" SHALL MEAN THAT AGE AT WHICH THE COURT
    22     DETERMINES THAT THE CHILD IS CAPABLE OF MAKING A RATIONAL AND
    23     REASONED DECISION RELATING TO THE ISSUE OF VISITATION.
    24     * * *
    25     (e)  Notification of public policy.--The court shall, upon
    26  making an award of custody, notify both parents orally and in
    27  writing of the provisions of section 5301 (relating to
    28  declaration of policy). Both parents shall sign and date the
    29  written notification, indicating an understanding of the same.
    30  This written notification shall be made a part of the court
    19970H0565B2523                  - 2 -

     1  record of the custody proceeding.
     2     Section 3.  Sections 5311, 5312 and 5314 of Title 23 are
     3  amended to read:
     4  § 5311.  [When parent deceased] Grandparents.
     5     [If a parent of an unmarried child is deceased, the parents
     6  or grandparents of the deceased parent] Grandparents and great-
     7  grandparents may be granted reasonable [partial custody or]
     8  visitation rights[, or both,] to [the] an unmarried child by the
     9  court upon a finding that [partial custody or] visitation
    10  rights[, or both,] would be in the best interest of the child
    11  and would not interfere with the parent-child relationship. [The
    12  court shall consider the amount of personal contact between the
    13  parents or grandparents of the deceased parent and the child
    14  prior to the application.]
    15  § 5312.  When [parents'] parents are separated, marriage is
    16             dissolved or [parents are separated] parent is
    17             deceased.
    18     (a)  Separation or dissolution.--In all proceedings for
    19  dissolution, subsequent to the commencement of the proceeding
    20  and continuing thereafter or when parents have been separated
    21  for six months or more, the court may, upon application of the
    22  parent or grandparent of a party, grant reasonable partial
    23  custody or visitation rights, or both, to the unmarried child if
    24  it finds that visitation rights or partial custody, or both,
    25  would be in the best interest of the child and would not
    26  interfere with the parent-child relationship. The court shall
    27  consider the amount of personal contact between the parents or
    28  grandparents of the party and the child prior to the
    29  application.
    30     (b)  Deceased parent.--If a parent of an unmarried child is
    19970H0565B2523                  - 3 -

     1  deceased, the parents or grandparents of the deceased parent may
     2  be granted reasonable partial custody or visitation rights, or
     3  both, to the unmarried child by the court upon a finding that
     4  partial custody or visitation rights, or both, would be in the
     5  best interest of the child and would not interfere with the
     6  parent-child relationship. The court shall consider the amount
     7  of personal contact between the parents or grandparents of the
     8  deceased parent and the child prior to the application.
     9  § 5314.  Exception for adopted children.
    10     Sections 5311 (relating to [when parent deceased]
    11  grandparents), 5312 (relating to when [parents'] parents are
    12  separated, marriage is dissolved or [parents are separated]
    13  parent is deceased) and 5313 (relating to grandparents may
    14  petition) shall not apply if the child has been adopted by [a
    15  person other than a stepparent or grandparent] both a new mother
    16  and a new father who were previously unrelated to the child. Any
    17  visitation rights granted pursuant to this section prior to the
    18  adoption of the child shall be automatically terminated upon
    19  such adoption.
    20     Section 4.  This act shall take effect in 60 days.             <--
    21     SECTION 4.  THE AMENDMENT OF 23 PA.C.S. § 5303 SHALL APPLY TO  <--
    22  ALL ORDERS AFFECTING VISITATION WHICH ARE ENTERED INTO OR
    23  MODIFIED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDATORY ACT.
    24     SECTION 5.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.




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