HB 97 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in preliminary provisions relating to divorce, further providing for legislative findings and intent, for definitions and for effect of agreement between parties; and, in property rights, further providing for equitable division of marital property.

PRINTER'S NO.   80

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 97
                                               Session of
                                                 2025

     INTRODUCED BY KULIK, PASHINSKI, SANCHEZ, HILL-EVANS, CIRESI,
        SCHLOSSBERG AND HOHENSTEIN, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2025


                                    AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in preliminary provisions relating to
 3      divorce, further providing for legislative findings and
 4      intent, for definitions and for effect of agreement between
 5      parties; and, in property rights, further providing for
 6      equitable division of marital property.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 3102(b) of Title 23 of the Pennsylvania
10   Consolidated Statutes is amended and the section is amended by
11   adding a subsection to read:
12   § 3102.    Legislative findings and intent.
13      * * *
14      (a.1)    Companion animals.--The Commonwealth recognizes that
15   companion animals are living beings that are generally regarded
16   as cherished family members that offer their owners
17   companionship, security and assistance. Companion animals occupy
18   a special category of personal property which does not include
19   inanimate personal property. Therefore, it is the policy of the
20   Commonwealth that special consideration be extended to companion
 1   animals when the division of personal property is planned or
 2   determined under this part.
 3      (b)    Construction of part.--The objectives and policies set
 4   forth in [subsection (a)] subsections (a) and (a.1) shall be
 5   considered in construing provisions of this part and shall be
 6   regarded as expressing the legislative intent.
 7      Section 2.         Section 3103 of Title 23 is amended by adding a
 8   definition to read:
 9   § 3103.    Definitions.
10      The following words and phrases when used in this part shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      * * *
14      "Companion animal."        As follows:
15             (1)   An animal that:
16                   (i)    is a domesticated, living being commonly
17             referred to as a pet; or
18                   (ii)    has been bought, bred, raised or otherwise
19             acquired in accordance with applicable law for the
20             primary purpose of providing the owner with assistance in
21             relation to a disability, security or companionship,
22             rather than for business or agricultural purposes.
23             (2)   Notwithstanding paragraph (1), an animal that is
24      used for business or agricultural purposes, but that has not
25      been incorporated into the family household as a pet, may be
26      considered as a companion animal, as determined by the court.
27      * * *
28      Section 3.         Sections 3105 and 3502 of Title 23 are amended by
29   adding subsections to read:
30   § 3105.    Effect of agreement between parties.

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 1      * * *
 2      (d)    Possession and care of companion animal.--Parties may
 3   enter into an enforceable agreement regarding the possession or
 4   care, or both, of a companion animal. Among other things, the
 5   agreement may specify the following:
 6             (1)   The periods of time during which each party will
 7      possess the companion animal.
 8             (2)   The financial responsibility of each party regarding
 9      the care of the companion animal.
10   § 3502.    Equitable division of marital property.
11      * * *
12      (g)    Companion animal.--
13             (1)   Upon the request of either party, the court shall
14      provide for the possession or care, or both, of a companion
15      animal of the parties in accordance with this subsection.
16             (2)   If the companion animal is a service animal, as that
17      term is defined in section 2 of the act of October 24, 2018
18      (P.L.733, No.118), known as the Assistance and Service Animal
19      Integrity Act, for a party or for an individual who is under
20      18 years of age and in the custody of that party, there shall
21      be a rebuttable presumption of custody of the companion
22      animal to that party.
23             (3)   If paragraph (2) does not apply, the court shall
24      consider all relevant factors, including the following:
25                   (i)    Whether the companion animal was acquired prior
26             to or during the marriage.
27                   (ii)    The basic daily needs of the companion animal.
28                   (iii)   The party who generally facilitates veterinary
29             care for the companion animal.
30                   (iv)    The party who generally provides the companion

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1         animal with social interaction.
2              (v)    The party who generally ensures compliance with
3         State and local regulations regarding the companion
4         animal.
5              (vi)    The party who provides the greater ability to
6         financially support the companion animal.
7     Section 4.     This act shall take effect in 60 days.




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