PRIOR PRINTER'S NO. 445
PRINTER'S NO. 1322
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
410
Session of
2015
INTRODUCED BY HACKETT, C. PARKER, SCHLOSSBERG, SCHWEYER, MASSER,
PICKETT, SCHREIBER, KINSEY, YOUNGBLOOD, STEPHENS, THOMAS,
O'BRIEN, DUSH, LONGIETTI, COHEN, TALLMAN, BARRAR, JAMES,
MILLARD, CALTAGIRONE, CARROLL, WATSON, BOBACK, CONKLIN,
KORTZ, KAUFFMAN, A. HARRIS, PETRI, D. COSTA, VEREB, MARSICO,
ROZZI, LAWRENCE, BROWNLEE, CUTLER, DONATUCCI, McCARTER,
DELOZIER, BRIGGS, SACCONE, BIZZARRO, DIAMOND, MARSHALL,
GRELL, SANTORA, MOUL, HENNESSEY, DAVIS, MULLERY, SIMS,
PHILLIPS-HILL AND FARRY, FEBRUARY 9, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 21, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally, further
providing for liability for support; and, in child custody,
further providing for consideration of criminal conviction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4321 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 4321. Liability for support.
Subject to the provisions of this chapter:
* * *
(2.1) Paragraph (2) applies whether or not parental
rights of the parent have been terminated due to a conviction
for any of the following where the other parent is the victim
AND A C HILD HAS BEEN CONCEIVED AS A RESULT OF THE OFFENSE :
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(i) 18 Pa.C.S. § 3121 (relating to rape);
(ii) 18 Pa.C.S. § 3122.1 (relating to statutory
sexual assault);
(iii) 18 Pa.C.S. § 3124.1 (relating to sexual
assault) where the offense involved sexual intercourse;
(iv) 18 Pa.C.S. § 3124.2 (relating to institutional
sexual assault) where the offense involved sexual
intercourse; or
(v) 18 Pa.C.S. § 4302 (relating to incest) where the
offense involved sexual intercourse.
Paternity of the child under this paragraph shall be
established through blood, genetic or other type of paternity
test acceptable to the court. The cost of the testing shall
be borne by the parent who was convicted of the offense.
* * *
Section 2. Section 5329 of Title 23 is amended by adding a
subsection to read:
§ 5329. Consideration of criminal conviction.
* * *
(b.1) Parent convicted of certain sexual offenses.--
(1) Notwithstanding any provision of this chapter to the
contrary and subject to paragraph (2), if a parent who is a
victim of any of the offenses set forth in this paragraph
objects, no court shall award any type of custody set forth
in section 5323 (relating to award of custody) to the other
parent of a child conceived as a result of any of the
following offenses for which the other parent has been
convicted:
18 Pa.C.S. § 3121.
18 Pa.C.S. § 3122.1.
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18 Pa.C.S. § 3124.1, where the offense involved sexual
intercourse.
18 Pa.C.S. § 3124.2 (relating to institutional sexual
assault), where the offense involved sexual intercourse.
18 Pa.C.S. § 4302.
(2) A court may award any type of custody set forth in
section 5323 to a parent who has been convicted of an offense
under paragraph (1), notwithstanding the objection of the
parent who is a victim, if:
(i) the child is of suitable age and consents to the
custody order; and
(ii) the court determines the award is in the best
interest of the child.
(3) Paternity of the child shall be established by
blood, genetic or other paternity testing acceptable to the
court. The cost of the testing shall be borne by the parent
who was convicted of the offense.
* * *
Section 3. The addition of 23 Pa.C.S. §§ 4321(2.1) and 5329
(b.1) shall apply to any action regarding custody of a child
under 23 Pa.C.S. Ch. 43 or 53 that is filed on or after the
effective date of this section.
Section 4. This act shall take effect in 60 days.
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