PRINTER'S NO. 856
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
721
Session of
2015
INTRODUCED BY CRUZ, YOUNGBLOOD, KINSEY, SCHLOSSBERG, LONGIETTI,
ROZZI, DONATUCCI, MILLARD, McNEILL, MOUL, WATSON, CARROLL,
DeLUCA, READSHAW, D. COSTA AND COHEN, MARCH 6, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, 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:
§ 4321. Liability for support.
Subject to the provisions of this chapter:
* * *
(2.1) The following apply:
(i) Paragraph (2) applies whether or not parental
rights of the parent have been terminated due to a
conviction of the parent where a child was conceived as a
result of any of the following offenses:
18 Pa.C.S. § 3121 (relating to rape);
18 Pa.C.S. § 3122.1 (relating to statutory sexual
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assault);
18 Pa.C.S. § 3124.1 (relating to sexual assault)
where the offense involved sexual intercourse;
18 Pa.C.S. § 3124.2 (relating to institutional
sexual assault) where the offense involved sexual
intercourse; or
18 Pa.C.S. § 4302 (relating to incest) where the
offense involved sexual intercourse.
(ii) Paternity of the child under this paragraph
shall be established through blood, genetic or other type
of paternity test acceptable to the court.
* * *
Section 2. Section 5329 of Title 23 is amended by adding a
subsection to read:
§ 5329. Consideration of criminal conviction.
* * *
(b.1) Parent convicted of certain sexual offenses.--The
following apply:
(1) Notwithstanding any provision of law or regulation
to the contrary, no court shall award any type of custody set
forth in section 5323 (relating to award of custody) to the
parent of a child conceived as a result of any of the
following offenses for which the 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.
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(2) Paternity of the child shall be established by
blood, genetic or other paternity testing acceptable to the
court. The cost of the testing shall be borne by the parent
who was convicted of the offense.
* * *
Section 3. The addition of 23 Pa.C.S. §§ 4321(2.1) 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. This act shall take effect in 60 days.
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