PRINTER'S NO. 1427
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1088
Session of
2022
INTRODUCED BY FLYNN, PHILLIPS-HILL, FONTANA, MARTIN, SCAVELLO,
COMITTA AND BROOKS, FEBRUARY 23, 2022
REFERRED TO JUDICIARY, FEBRUARY 23, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in authorized disposition of
offenders, providing for restitution involving child support.
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:
§ 1107.2. Restitution involving child support.
(a) Order.--Notwithstanding any other provision of law and
in addition to any other sentence or order authorized by law,
the court shall sentence a person convicted of a designated
offense that resulted in the death of a parent of a child to pay
child support for the child as restitution. The following apply:
(1) The amount of the child support shall be determined
in accordance with 23 Pa.C.S. § 4322 (relating to support
guideline).
(2) The payment of child support shall be made to the
surviving parent of the child or, in the absence of a
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surviving parent of the child, the person having physical
custody of the child.
(3) The payment of child support shall be made until the
child reaches 18 years of age.
(b) 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 under 18 years of age.
"Designated offense." An offense under any of the following:
(1) Section 2502 (relating to murder).
(2) Section 2503 (relating to voluntary manslaughter).
(3) Section 2504 (relating to involuntary manslaughter).
(4) 75 Pa.C.S. § 3732 (relating to homicide by vehicle).
(5) 75 Pa.C.S. § 3735 (relating to homicide by vehicle
while driving under influence).
"Parent." A biological parent, adoptive parent or legal
guardian of a child.
Section 2. This act shall take effect in 60 days.
20220SB1088PN1427 - 2 -
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