PRINTER'S NO. 3659
No. 2604 Session of 1986
INTRODUCED BY FOX, DeLUCA, HALUSKA, VROON, VEON, GEIST, SEMMEL,
NAHILL, CIMINI, PERZEL, PRESSMANN, J. TAYLOR, FARGO, SAURMAN,
CIVERA, MERRY, WOGAN, KOSINSKI, TRELLO, GANNON, BUNT,
SEVENTY, RAYMOND, KENNEY AND O'BRIEN, JUNE 11, 1986
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 1986
AN ACT
1 Providing for protection from threatening behavior, for the
2 jurisdiction of certain courts, for hearings and for
3 remedies; and providing penalties.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Definitions.
7 Section 3. Jurisdiction.
8 Section 4. Commencement of proceeding.
9 Section 5. Hearing.
10 Section 6. Relief.
11 Section 7. Notification.
12 Section 8. Rules.
13 Section 9. Contempt.
14 Section 10. Appeal of district justice issuance or denial of
15 order.
16 Section 11. Procedures regarding default in payment of peace
17 bond and costs.
1 Section 12. Juveniles.
2 Section 13. Filing of order of district justice.
3 Section 14. Consolidation with other petition.
4 Section 15. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Peace Bond
9 Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Court." The court of common pleas.
15 "District justice." A district justice or Philadelphia
16 municipal court judge.
17 "Threatening behavior." One or more threats, made
18 maliciously and with intent to harm, which place the petitioner
19 in fear of being hurt in person or property where there is
20 reasonable cause to fear the commission of the offense.
21 Section 3. Jurisdiction.
22 The court and district justices shall have concurrent
23 original jurisdiction over all proceedings under this act,
24 except that district justices shall have no authority to order
25 the filing of a peace bond in excess of $4,000.
26 Section 4. Commencement of proceeding.
27 A person may seek relief under this act by filing a petition
28 with the court or a district justice alleging threatening
29 behavior by the defendant.
30 Section 5. Hearing.
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1 Within ten days of the filing of a petition under this act, a
2 hearing shall be held at which the petitioner must prove the
3 allegation of threatening behavior by a preponderance of the
4 evidence. The court or district justice shall advise the
5 defendant of his right to be represented by counsel.
6 Section 6. Relief.
7 (a) Cessation of threatening behavior.--The court or
8 district justice shall be empowered to grant any protection
9 order or approve any consent agreement to bring about a
10 cessation of threatening behavior to the petitioner, which may
11 include one or more of the following:
12 (1) Directing the defendant to refrain from subjecting
13 the petitioner to threatening behavior and to refrain from
14 committing any acts of violence against the person or
15 property of the petitioners.
16 (2) Directing that the defendant execute a peace bond in
17 such sum, not exceeding $4,000 in the case of any peace bond
18 order issued by a district justice, as the court or district
19 justice may deem necessary to keep the peace toward the
20 people of this Commonwealth, and particularly the petitioner.
21 (b) Period of time.--Any protection order or approved
22 consent decree shall be for a fixed period of time not to exceed
23 one year. The court or district justice may amend the protection
24 order at any time upon subsequent petition filed by either
25 party.
26 (c) Evidence.--The court or district justice shall grant the
27 relief authorized by this act only if it determines, by a
28 preponderance of the evidence, that the defendant, maliciously
29 and with intent to do harm, made a threat to the petitioner
30 which placed the petitioner in fear or danger of being hurt in
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1 person or property and that there is reasonable cause to fear
2 the commission of the offense.
3 Section 7. Notification.
4 A copy of any order issued or consent decree approved under
5 this act shall be issued to the petitioner and the defendant in
6 accordance with this act or as ordered by the court or district
7 justice. A copy of such order or consent decree shall also be
8 sent to the police department in the municipality where the
9 petitioner resides at the time of its issuance or approval.
10 Section 8. Rules.
11 The Pennsylvania Supreme Court may adopt any and all rules
12 necessary to carry out the provisions of this act. Unless
13 otherwise indicated by this act or Supreme Court Rule, any
14 proceedings under this act shall be in accordance with the Rules
15 of Civil Procedure applicable to the courts and to district
16 justices and shall be in addition to any other civil or criminal
17 penalties.
18 Section 9. Contempt.
19 (a) Punishment.--Upon violation of a protection order issued
20 by the court or a district justice or a consent agreement
21 approved by a court or district justice, the court, on
22 application of the petitioner or the district justice, may hold
23 the defendant in indirect criminal contempt and punish him in
24 accordance with law. Nothing in this act shall be construed to
25 empower district justices to hold any person in contempt.
26 (b) Fine and imprisonment.--Notwithstanding any provision of
27 law to the contrary, any sentence for this contempt may include
28 imprisonment up to six months or a fine not to exceed $1,000, or
29 both, and the defendant shall not have a right to a jury trial
30 on such a charge.
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1 (c) Arrest upon probable cause.--An arrest for violation of
2 an order issued or consent decree approved pursuant to this act
3 may be without warrant upon probable cause, whether or not the
4 violation is committed in the presence of the police officer.
5 The police officer may verify, if necessary, the existence of a
6 protection order or approved consent decree by telephone or
7 radio communication with the appropriate police department.
8 (d) Appearance of defendant.--Subsequent to an arrest, the
9 defendant shall be taken without unnecessary delay before the
10 court that issued the order or approved the consent decree or
11 before the court with jurisdiction in the area where a district
12 justice issued the order or approved the consent decree.
13 Section 10. Appeal of district justice issuance or denial of
14 order.
15 Any person aggrieved by the issuance or denial of a
16 protective order by a district justice shall have a right of
17 appeal to the court of common pleas, which shall conduct a de
18 novo hearing thereon within ten days after the filing of the
19 appeal and which shall decide the matter on an expedited basis.
20 Insofar as practicable, the court shall conduct the appeal in
21 accordance with the procedure applicable to an original action
22 under this act. No supersedeas shall be issued without cause.
23 Section 11. Procedures regarding default in payment of peace
24 bond and costs.
25 (a) Hearing.--When a defendant defaults in the payment of a
26 peace bond or costs, the district justice or court shall conduct
27 a hearing to determine whether the defendant is financially able
28 to pay the fine or costs.
29 (b) Imprisonment for nonpayment.--If the district justice or
30 court determines that the defendant is financially able to pay
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1 the peace bond or costs, the district justice or court may
2 impose imprisonment for nonpayment, as provided by law.
3 (c) Installment payments.--If the district justice or court
4 determines that the defendant is without the financial means to
5 pay the fines or costs immediately or in a single remittance,
6 the issuing authority may provide for payment in installments.
7 In determining the appropriate installments, the district
8 justice or court shall consider the defendant's financial
9 resources and the nature of the burden that payment will impose
10 on the defendant.
11 (d) Default.--When installment payments are ordered and the
12 defendant is in default of a payment or advises the district
13 justice or court that such default is imminent, the district
14 justice or court may schedule a rehearing on the payment
15 schedule. At the rehearing the defendant shall have the burden
16 of proving changes of financial condition such that the
17 defendant is without the means to meet the payment schedule. The
18 district justice or court may extend or accelerate the schedule
19 or leave it unaltered, as the issuing authority finds to be just
20 and practicable under the circumstances.
21 (e) Appeal.--The plaintiff or defendant may appeal the
22 determination in subsection (b), (c) or (d) by filing a notice
23 of appeal within 30 days after the date of the default hearing.
24 Section 12. Juveniles.
25 In any case where it is deemed necessary to incarcerate a
26 juvenile, such detention may not take place in a facility where
27 adults are incarcerated.
28 Section 13. Filing of order of district justice.
29 The district justice shall file a copy of any order issued or
30 consent decree approved under this act with the court of common
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1 pleas within five days after the issuance or approval of the
2 order or decree.
3 Section 14. Consolidation with other petition.
4 A petition filed pursuant to this act may be filed and
5 consolidated with a petition brought under the act of October 7,
6 1976 (P.L.1090, No.218), known as the Protection From Abuse Act,
7 in those instances where both acts are applicable.
8 Section 15. Effective date.
9 This act shall take effect in 90 days.
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