1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child custody, further providing
3for consideration of criminal conviction.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5329 of Title 23 of the Pennsylvania
7Consolidated Statutes is amended by adding a subsection to read:

8§ 5329. Consideration of criminal conviction.

9* * *

<-10(b.1) Rape or incest.--No court shall award custody, partial
11custody or visitation to a parent who is the father of a child
12conceived as a result of a rape or incest when the child is the
13subject of the order, unless the child is of suitable age and
14consents to the order.

<-15(b.1) Parent convicted of certain sexual offenses.--
16Notwithstanding the provisions of subsection (a), no court shall
17award custody, partial custody or supervised physical custody to

1a parent of a child conceived as the result of any of the
2following offenses for which the parent has been convicted:

318 Pa.C.S. § 3121;

418 Pa.C.S. § 3124.1 where the offense involved sexual
5intercourse;

618 Pa.C.S. § 3124.2 (relating to institutional sexual
7assault) where the offense involved sexual intercourse; or

818 Pa.C.S. § 4302,

9unless the child is of suitable age and consents to the order.
10Paternity of the child shall be established by blood, genetic or
11other paternity testing acceptable to the court.

12* * *

<-13Section 2. The addition of 23 Pa.C.S. § 5329(b.1) shall
14apply to any action regarding custody of a child under 23
15Pa.C.S. Ch. 53 that is filed on or after the effective date of
16this section.

17Section <-2 3. This act shall take effect in 60 days.