H0945B2067A07416 BIL:AJC 06/06/14 #90 A07416

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 945

Sponsor: REPRESENTATIVE HACKETT

Printer's No. 2067

 

1Amend Bill, page 1, line 2, by inserting after "Statutes,"

2 in support matters generally, further providing for liability
3for support; and,

4Amend Bill, page 1, lines 6 through 17; page 2, lines 1
5through 16, by striking out all of said lines on said pages and
6inserting

7Section 1. Section 4321 of Title 23 of the Pennsylvania
8Consolidated Statutes is amended by adding a paragraph to read:

9§ 4321. Liability for support.

10Subject to the provisions of this chapter:

11* * *

12(2.1) The following apply:

13(i) Paragraph (2) applies whether or not parental
14rights of the parent have been terminated due to a
15conviction for any of the following where the other
16parent is the victim:

17(A) 18 Pa.C.S. § 3121 (relating to rape);

18(B) 18 Pa.C.S. § 3122.1 (relating to statutory
19sexual assault);

20(C) 18 Pa.C.S. § 3124.1 (relating to sexual
21assault) where the offense involved sexual
22intercourse;

23(D) 18 Pa.C.S. § 3124.2 (relating to
24institutional sexual assault) where the offense
25involved sexual intercourse; or

26(E) 18 Pa.C.S. § 4302 (relating to incest) where
27the offense involved sexual intercourse.

28(ii) Paternity of the child under this paragraph
29shall be established through blood, genetic or other type
30of paternity test acceptable to the court.

31Section 2. Section 5329 of Title 23 is amended by adding a
32subsection to read:

33§ 5329. Consideration of criminal conviction.

34* * *

35(b.1) Parent convicted of certain sexual offenses.--The
36following apply:

1(1) Notwithstanding any provision of this chapter to the
2contrary and subject to paragraph (2), if a parent who is a
3victim of any of the offenses set forth in this paragraph
4objects, no court shall award any type of custody set forth
5in section 5323 (relating to award of custody) to the other
6parent of a child conceived as a result of any of the
7following offenses for which the other parent has been
8convicted:

918 Pa.C.S. § 3121.

1018 Pa.C.S. § 3122.1.

1118 Pa.C.S. § 3124.1, where the offense involved sexual
12intercourse.

1318 Pa.C.S. § 3124.2 (relating to institutional sexual
14assault), where the offense involved sexual intercourse.

1518 Pa.C.S. § 4302.

16(2) A court may award any type of custody set forth in
17section 5323 to a parent who has been convicted of an offense
18under paragraph (1), notwithstanding the objection of the
19parent who is a victim, if:

20(i) the child is of suitable age and consents to the
21custody order; and

22(ii) the court determines the award is in the best
23interest of the child.

24(3) Paternity of the child shall be established by
25blood, genetic or other paternity testing acceptable to the
26court. The cost of the testing shall be borne by the parent
27who was convicted of the offense.

28* * *

29Section 3. The addition of 23 Pa.C.S. §§ 4321(2.1) and 5329
30(b.1) shall apply to any action regarding custody of a child
31under 23 Pa.C.S. Ch. 43 or 53 that is filed on or after the
32effective date of this section.

33Amend Bill, page 2, line 17, by striking out "3" and 
34inserting

35 4

 

See A07416 in
the context
of HB0945