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.

Bill Text

• Printer's No. PN0080 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes guidelines for the treatment of companion animals in divorce proceedings and property division in Pennsylvania.

• 23 Pa.C.S. § 3102

  (a.1) Companion animals.--The Commonwealth recognizes that companion animals are living beings that are generally regarded as cherished family members that offer their owners companionship, security and assistance. Companion animals occupy a special category of personal property which does not include inanimate personal property. Therefore, it is the policy of the Commonwealth that special consideration be extended to companion animals when the division of personal property is planned or determined under this part.

  The bill formally recognizes companion animals as special entities in personal property laws, warranting special considerations during property division.

• 23 Pa.C.S. § 3103

  "Companion animal." As follows: (1) An animal that: (i) is a domesticated, living being commonly referred to as a pet; or (ii) has been bought, bred, raised or otherwise acquired in accordance with applicable law for the primary purpose of providing the owner with assistance in relation to a disability, security or companionship, rather than for business or agricultural purposes. (2) Notwithstanding paragraph (1), an animal that is used for business or agricultural purposes, but that has not been incorporated into the family household as a pet, may be considered as a companion animal, as determined by the court.

  This change provides a legal definition for 'companion animal' and establishes criteria for what constitutes such an animal.

• 23 Pa.C.S. § 3105

  (d) Possession and care of companion animal.--Parties may enter into an enforceable agreement regarding the possession or care, or both, of a companion animal. Among other things, the agreement may specify the following: (1) The periods of time during which each party will possess the companion animal. (2) The financial responsibility of each party regarding the care of the companion animal.

  The bill allows parties to create binding agreements regarding the custody and care arrangements of companion animals in divorce proceedings.

• 23 Pa.C.S. § 3502

  (g) Companion animal.-- (1) Upon the request of either party, the court shall provide for the possession or care, or both, of a companion animal of the parties in accordance with this subsection. (2) If the companion animal is a service animal, as that term is defined in section 2 of the act of October 24, 2018 (P.L.733, No.118), known as the Assistance and Service Animal Integrity Act, for a party or for an individual who is under 18 years of age and in the custody of that party, there shall be a rebuttable presumption of custody of the companion animal to that party. (3) If paragraph (2) does not apply, the court shall consider all relevant factors, including the following: (i) Whether the companion animal was acquired prior to or during the marriage. (ii) The basic daily needs of the companion animal. (iii) The party who generally facilitates veterinary care for the companion animal. (iv) The party who generally provides the companion animal with social interaction. (v) The party who generally ensures compliance with State and local regulations regarding the companion animal. (vi) The party who provides the greater ability to financially support the companion animal.

  This addition specifies how courts should handle custody and care of companion animals upon divorce, including presumption of custody for service animals.

Action History

1. October 03, 2025

   Referred to Judiciary

2. September 29, 2025

   Third consideration and final passage

3. September 29, 2025

   Re-reported as committed

4. July 14, 2025

   Re-committed to Appropriations

5. July 14, 2025

   Second consideration

6. July 14, 2025

   Re-reported as committed

7. June 17, 2025

   Re-committed to Rules

8. June 17, 2025

   First consideration

9. June 17, 2025

   Reported as committed

10. January 14, 2025

    Referred to Judiciary

Sponsors

• Anita Astorino Kulik · Primary
• Eddie Day Pashinski · Cosponsor
• Benjamin V. Sanchez · Cosponsor
• Carol Hill-Evans · Cosponsor
• Joe Ciresi · Cosponsor
• Michael H. Schlossberg · Cosponsor
• Joseph C. Hohenstein · Cosponsor
• Keith S. Harris · Cosponsor
• Nikki Rivera · Cosponsor

Votes

Subjects