S0844B1375A05968 BIL:JSL 03/12/18 #90 A05968
AMENDMENTS TO SENATE BILL NO. 844
Sponsor: REPRESENTATIVE MARSICO
Printer's No. 1375
Amend Bill, page 1, line 4, by striking out "AND" where it
occurs the first time and inserting a comma
Amend Bill, page 1, line 5, by inserting after "CUSTODY"
and for consideration of criminal conviction
Amend Bill, page 1, lines 8 through 10, by striking out all
of said lines and inserting
Section 1. Section 5324 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding paragraphs to read:
Amend Bill, page 1, line 13, by striking out "(A)
INDIVIDUALS.--"
Amend Bill, page 1, lines 17 through 19; page 2, lines 1
through 24; by striking out all of said lines on said pages and
inserting
(4) Subject to paragraph (5), an individual who
establishes by clear and convincing evidence all of the
following:
(i) The individual has assumed or is willing to
assume responsibility for the child.
(ii) The individual has a sustained, substantial and
sincere interest in the welfare of the child. In
determining whether the individual meets the requirements
of this subparagraph, the court may consider, among other
factors, the nature, quality, extent and length of the
involvement by the individual in the child's life.
(iii) Neither parent has any form of care and
control of the child.
(5) Paragraph (4) shall not apply if:
(i) a dependency proceeding involving the child has
been initiated or is ongoing; or
(ii) there is an order of permanent legal custody
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under 42 Pa.C.S. § 6351(a)(2.1) or (f.1)(3) (relating to
disposition of dependent child).
Section 2. Sections 5325(2) and 5329 introductory paragraph
of Title 23 are amended to read;
Amend Bill, page 3, line 3, by inserting after "WHERE"
the relationship with the child began either with the
consent of a parent of the child or under a court order and
where
Amend Bill, page 3, by inserting between lines 10 and 11
§ 5329. Consideration of criminal conviction.
(a) Offenses.--Where a party seeks any form of custody, the
court shall consider whether that party or member of that
party's household has been convicted of or has pleaded guilty or
no contest to any of the offenses in this section or an offense
in another jurisdiction substantially equivalent to any of the
offenses in this section. The court shall consider such conduct
and determine that the party does not pose a threat of harm to
the child before making any order of custody to that [parent]
party when considering the following offenses:
* * *
Amend Bill, page 3, line 11, by striking out "2" and
inserting
3
Amend Bill, page 3, lines 11 and 12, by striking out "5324(A)
(4) AND (B)" and inserting
5324(4) and (5)
Amend Bill, page 3, line 15, by striking out "3" and
inserting
4
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See A05968 in
the context
of SB844