1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, <-in support matters generally, further 
3providing for liability for support; and, in child custody,
4further providing for consideration of criminal conviction.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

<-7Section 1. Section 5329 of Title 23 of the Pennsylvania
8Consolidated Statutes is amended by adding a subsection to read:

9§ 5329. Consideration of criminal conviction.

10* * *

11(b.1) Parent convicted of certain sexual offenses.--
12Notwithstanding the provisions of subsection (a), no court shall 
13award custody, partial custody or supervised physical custody to 
14a parent of a child conceived as the result of any of the 
15following offenses for which the parent has been convicted:

1618 Pa.C.S. § 3121;

1718 Pa.C.S. § 3124.1 where the offense involved sexual

1intercourse;

218 Pa.C.S. § 3124.2 (relating to institutional sexual
3assault) where the offense involved sexual intercourse; or

418 Pa.C.S. § 4302,

5unless the child is of suitable age and consents to the order.
6Paternity of the child shall be established by blood, genetic or
7other paternity testing acceptable to the court.

8* * *

9Section 2. The addition of 23 Pa.C.S. § 5329(b.1) shall
10apply to any action regarding custody of a child under 23
11Pa.C.S. Ch. 53 that is filed on or after the effective date of
12this section.

<-13Section 1. Section 4321 of Title 23 of the Pennsylvania
14Consolidated Statutes is amended by adding a paragraph to read:

15§ 4321. Liability for support.

16Subject to the provisions of this chapter:

17* * *

18(2.1) The following apply:

19(i) Paragraph (2) applies whether or not parental
20rights of the parent have been terminated due to a
21conviction for any of the following where the other
22parent is the victim:

23(A) 18 Pa.C.S. § 3121 (relating to rape);

24(B) 18 Pa.C.S. § 3122.1 (relating to statutory
25sexual assault);

26(C) 18 Pa.C.S. § 3124.1 (relating to sexual
27assault) where the offense involved sexual
28intercourse;

29(D) 18 Pa.C.S. § 3124.2 (relating to
30institutional sexual assault) where the offense

1involved sexual intercourse; or

2(E) 18 Pa.C.S. § 4302 (relating to incest) where
3the offense involved sexual intercourse.

4(ii) Paternity of the child under this paragraph
5shall be established through blood, genetic or other type
6of paternity test acceptable to the court.

7Section 2. Section 5329 of Title 23 is amended by adding a
8subsection to read:

9§ 5329. Consideration of criminal conviction.

10* * *

11(b.1) Parent convicted of certain sexual offenses.--The
12following apply:

13(1) Notwithstanding any provision of this chapter to the
14contrary and subject to paragraph (2), if a parent who is a
15victim of any of the offenses set forth in this paragraph
16objects, no court shall award any type of custody set forth
17in section 5323 (relating to award of custody) to the other
18parent of a child conceived as a result of any of the
19following offenses for which the other parent has been
20convicted:

2118 Pa.C.S. § 3121.

2218 Pa.C.S. § 3122.1.

2318 Pa.C.S. § 3124.1, where the offense involved sexual
24intercourse.

2518 Pa.C.S. § 3124.2 (relating to institutional sexual
26assault), where the offense involved sexual intercourse.

2718 Pa.C.S. § 4302.

28(2) A court may award any type of custody set forth in
29section 5323 to a parent who has been convicted of an offense
30under paragraph (1), notwithstanding the objection of the

1parent who is a victim, if:

2(i) the child is of suitable age and consents to the
3custody order; and

4(ii) the court determines the award is in the best
5interest of the child.

6(3) Paternity of the child shall be established by
7blood, genetic or other paternity testing acceptable to the
8court. The cost of the testing shall be borne by the parent
9who was convicted of the offense.

10* * *

11Section 3. The addition of 23 Pa.C.S. §§ 4321(2.1) and 5329
12(b.1) shall apply to any action regarding custody of a child
13under 23 Pa.C.S. Ch. 43 or 53 that is filed on or after the
14effective date of this section.

15Section <-3 4. This act shall take effect in 60 days.