PRINTER'S NO. 380
No. 350 Session of 1985
INTRODUCED BY LESCOVITZ, HAGARTY, SWEET, PRATT, COLAFELLA AND
PICCOLA, FEBRUARY 13, 1985
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 1985
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, authorizing probable cause arrests in
3 certain cases of domestic violence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 2711. Probable cause arrests in domestic violence cases.
9 (a) General rule.--A police officer shall have the same
10 right of arrest without a warrant as in a felony whenever he has
11 probable cause to believe the defendant has violated section
12 2504 (relating to involuntary manslaughter), 2701 (relating to
13 simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
14 assault) or 2705 (relating to recklessly endangering another
15 person) against his spouse or other person with whom he resides
16 or has formerly resided although the offense did not take place
17 in the presence of the police officer. A police officer may not
18 arrest a person pursuant to this section without first observing
1 recent physical injury to, or impairment of condition of, the
2 alleged victim.
3 (b) Seizure of weapons.--The arresting police officer shall
4 seize all weapons used by the defendant in the commission of the
5 alleged offense.
6 (c) Bail.--
7 (1) A defendant arrested pursuant to this section shall
8 be afforded a preliminary arraignment by the proper issuing
9 authority without unnecessary delay. In no case shall the
10 arresting officer release the defendant from custody rather
11 than taking the defendant before the issuing authority.
12 (2) In determining whether to admit the defendant to
13 bail, the issuing authority shall consider whether the
14 defendant poses a threat of danger to the victim. If the
15 issuing authority makes such a determination, it shall
16 require as a condition of bail that the defendant shall
17 refrain from entering the residence or household of the
18 victim and the victim's place of employment and shall refrain
19 from committing any further criminal conduct against the
20 victim and shall so notify the defendant thereof at the time
21 the defendant is admitted to bail. A violation of this
22 condition shall be punishable by the revocation of any form
23 of pretrial release or the forfeiture of bail and the
24 issuance of a bench warrant for the defendant's arrest or
25 remanding him to custody. The defendant shall be provided a
26 hearing on this matter.
27 (d) Notice of rights.--
28 (1) Upon responding to a domestic violence case, the
29 police officer shall advise the victim of the availability of
30 a shelter or other services in the community and give the
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1 victim immediate notice of the legal rights and remedies
2 available. The notice shall include furnishing the victim a
3 copy of the following statement: "If you are the victim of
4 domestic violence, you have the right to go to court and file
5 a petition requesting an order for protection from domestic
6 abuse pursuant to the act of October 7, 1976 (P.L.1090,
7 No.218), known as the Protection From Abuse Act, which could
8 include the following:
9 (i) An order restraining the abuser from further
10 acts of abuse.
11 (ii) An order directing the abuser to leave your
12 household.
13 (iii) An order preventing the abuser from entering
14 your residence, school, business or place of employment.
15 (iv) An order awarding you or the other parent
16 temporary custody of or temporary visitation with your
17 child or children.
18 (v) An order directing the abuser to pay support to
19 you and the minor children if the abuser has a legal
20 obligation to do so."
21 (2) The notice shall include the resource listing,
22 including the telephone number, for the area battered women's
23 shelter.
24 (e) Contempt.--A victim shall not be held in contempt for
25 failure to prosecute or refusal to testify in criminal
26 proceedings arising under this section.
27 Section 2. This act shall take effect in 60 days.
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