1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, further providing for consideration of
3criminal conviction; and providing for consideration of other
4conduct and child conceived as a result of certain conduct.

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 offenses.--No court shall
12award custody, partial custody or supervised physical custody to
13a parent who has been convicted of any of the following offenses
14against the other parent of the child who is the subject of the
15order and who was conceived as a result of:

16(1) Rape under 18 Pa.C.S. § 3121.

17(2) Statutory sexual assault under 18 Pa.C.S. § 3122.1.

18(3) Sexual assault under 18 Pa.C.S. § 3124.1.

19(4) Institutional sexual assault under 18 Pa.C.S. §

13124.2 (relating to institutional sexual assault).

2(5) Incest under 18 Pa.C.S. § 4302.

3* * *

4Section 2. Title 23 is amended by adding a section to read:

5§ 5330.1. Consideration of other conduct and child conceived as
6a result of certain conduct.

7No court shall award custody, partial custody or supervised
8physical custody to a parent where the court finds by clear and
9convincing evidence both of the following:

10(1) The child for whom custody, partial custody or
11supervised physical custody is sought was conceived as a
12result of conduct that would constitute an offense under one
13or more of the following criminal statutes:

14(i) Rape under 18 Pa.C.S. § 3121 (relating to rape).

15(ii) Statutory sexual assault under 18 Pa.C.S. §
163122.1 (relating to statutory sexual assault).

17(iii) Sexual assault under 18 Pa.C.S. § 3124.1
18(relating to sexual assault).

19(iv) Institutional sexual assault under 18 Pa.C.S. §
203124.2 (relating to institutional sexual assault).

21(v) Incest under 18 Pa.C.S. § 4302 (relating to
22incest).

23(2) The parent who seeks custody, partial custody or
24supervised physical custody of the child described in
25paragraph (1) committed the conduct described in paragraph
26(1).

27Section 3. This act shall take effect in 60 days.