PRIOR PRINTER'S NOS. 30, 2404
PRINTER'S NO. 2472
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, SIMS, JOZWIAK AND DAVIS,
JANUARY 21, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 28, 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, for counseling and for decree of court.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3103 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a definition
DEFINITIONS 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:
* * *
"CONVICTED." HAVING BEEN FOUND GUILTY, HAVING ENTERED A PLEA
OF GUILTY OR NOLO CONTENDERE OR HAVING BEEN ACCEPTED INTO
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ACCELERATED REHABILITATIVE DISPOSITION.
* * *
"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.
* * *
(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
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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.
* * *
(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 FOR which the other party was convicted OR HAS
ENTERED INTO AN ACCELERATED REHABILITATIVE DISPOSITION PROGRAM
AS A RESULT 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.
* * *
Section 5. This act shall take effect in 60 days.
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