Regular Session 2015-2016 Senate Bill 0663 P.N. 1028

PRIOR PRINTER'S NOS. 661, 852

PRINTER'S NO. 1028

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

663

Session of

2015

INTRODUCED BY VULAKOVICH, SCARNATI, ALLOWAY, AUMENT, BOSCOLA,

BROOKS, COSTA, FOLMER, FONTANA, HAYWOOD, McGARRIGLE,

McILHINNEY, MENSCH, RAFFERTY, STEFANO, TARTAGLIONE, VOGEL,

WARD AND SCHWANK, MARCH 31, 2015

SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED,

JUNE 9, 2015

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, IN PROCEEDINGS PRIOR TO PETITION TO

ADOPT, FURTHER PROVIDING FOR GROUNDS FOR INVOLUNTARY

TERMINATION AND FOR HEARING; 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:

SECTION 1. SECTIONS 2511(A)(7) AND 2513(D) OF TITLE 23 OF

THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

§ 2511. GROUNDS FOR INVOLUNTARY TERMINATION.

(A) GENERAL RULE.--THE RIGHTS OF A PARENT IN REGARD TO A

CHILD MAY BE TERMINATED AFTER A PETITION FILED ON ANY OF THE

FOLLOWING GROUNDS:

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(7) THE PARENT IS THE [FATHER] PARENT OF A CHILD

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CONCEIVED AS A RESULT OF [A RAPE OR INCEST.] ANY OF THE

FOLLOWING OFFENSES:

(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);

(IV) 18 PA.C.S. § 3124.2 (RELATING TO INSTITUTIONAL

SEXUAL ASSAULT); OR

(V) 18 PA.C.S. § 4302 (RELATING TO INCEST).

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§ 2513. HEARING.

* * *

(D) DECREE.--AFTER HEARING, WHICH MAY BE PRIVATE, THE COURT

SHALL MAKE A FINDING RELATIVE TO THE PERTINENT PROVISIONS OF

SECTION 2511 (RELATING TO GROUNDS FOR INVOLUNTARY TERMINATION)

AND UPON SUCH FINDING MAY ENTER A DECREE OF TERMINATION OF

PARENTAL RIGHTS. A DECREE ENTERED TERMINATING PARENTAL RIGHTS

UNDER THIS SECTION SHALL NOT AFFECT ANY SUPPORT OBLIGATION

IMPOSED UNDER SECTION 4321 (RELATING TO LIABILITY FOR SUPPORT)

ON THE PARENT WHOSE RIGHTS HAVE BEEN TERMINATED.

SECTION 2. SECTION 4321 OF TITLE 23 IS AMENDED BY ADDING A

PARAGRAPH TO READ:

§ 4321. Liability for support.

Subject to the provisions of this chapter:

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(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:

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(4) FOR PURPOSES OF PARAGRAPHS (2) AND (3), THE TERM

"PARENTS" INCLUDES AN INDIVIDUAL WHOSE PARENTAL RIGHTS HAVE

BEEN TERMINATED DUE TO A CONVICTION FOR ANY OF THE FOLLOWING

OFFENSES WHERE THE CHILD WAS CONCEIVED AS A RESULT OF THE

OFFENSE:

(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 IN ACCORDANCE WITH THE LAWS OF

THIS COMMONWEALTH . The cost of the testing shall be borne by

the parent who was convicted of the offense.

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Section 2 3. Section 5329 of Title 23 is amended by adding a

subsection to read:

§ 5329. Consideration of criminal conviction.

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(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 EXCEPT AS PROVIDED IN PARAGRAPH (2) , no court shall

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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.

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) IF:

(I) THE PARENT WHO WAS THE VICTIM OF THE OFFENSE

DOES NOT OBJECT TO THE CUSTODY AWARD; OR

(II) DESPITE THE OBJECTION TO THE CUSTODY AWARD BY

THE PARENT WHO WAS THE VICTIM OF THE OFFENSE, THE CHILD

IS OF SUITABLE AGE AND CONSENTS TO THE CUSTODY ORDER AND

the court determines the award is in the best interest of

the child.

(3) Paternity of the child shall be established in

accordance with the laws of this Commonwealth. The cost of

the testing shall be borne by the parent who was convicted of

the offense.

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Section 3 4. The AMENDMENT OR addition of 23 Pa.C.S. §§

4321(2.1) 2511(A)(7), 2513(D), 4321(4) 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 5. This act shall take effect in 60 days.

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