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PRINTER'S NO. 1201
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1146
Session of
2021
INTRODUCED BY BOBACK, T. DAVIS, HELM, CIRESI AND NEILSON,
APRIL 8, 2021
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against the family,
providing for the offense of unregulated transfer of custody
of a child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 4307. Unregulated transfer of custody of a child.
(a) General rule.--Except as provided in this section, a
person commits a misdemeanor of the second degree if the person:
(1) knowingly conducts an unregulated custody transfer
of a child; or
(2) facilitates or participates in an unregulated
custody transfer by recruiting, enticing, soliciting,
harboring, transporting, providing, obtaining or maintaining
a child if the person knows or recklessly disregards the fact
that the child will be subject to an unregulated custody
transfer.
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(b) Nonapplicability.--This section does not apply to:
(1) placement of a child in accordance with the
requirements of Article VII(d) of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code;
(2) activity undertaken in conjunction with or under the
supervision of a public or private entity that provides
adoption services and is licensed, supervised or regulated by
the Department of Human Services ; or
(3) placement of a child with an adult who has a
significant, positive relationship with the child or the
child's family and with whom the child is known or reasonably
believed to be safe, if:
(i) the placement is for a designated period of time
or for the duration of a specified event; and
(ii) the placement is due to a vacation, an
educational function or activity or the incarceration,
military service, medical treatment or temporary
incapacity of the parent or guardian of the child.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Child." An individual who is under 18 years of age.
"Unregulated custody transfer." A transaction by a parent or
other individual having legal custody of a child, undertaken
without court approval and with the intent to abandon or
permanently avoid parental responsibility for the child.
Section 2. This act shall take effect in 60 days.
20210HB1146PN1201 - 2 -
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