PRIOR PRINTER'S NO. 380 PRINTER'S NO. 1186
No. 350 Session of 1985
INTRODUCED BY LESCOVITZ, HAGARTY, SWEET, PRATT, COLAFELLA,
PICCOLA, MAYERNIK, DAWIDA, PRESSMANN AND BUNT,
FEBRUARY 12, 1985
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 29, 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 <--
1 arrest a person pursuant to this section without first observing
2 recent physical injury to, or impairment of condition of, the
3 alleged victim.
4 (b) Seizure of weapons.--The arresting police officer shall
5 seize all weapons used by the defendant in the commission of the
6 alleged offense, AND MAY, IF EXERCISING HIS LAWFUL AUTHORITY TO <--
7 DO SO, SEIZE ANY OTHER WEAPONS.
8 (c) Bail.--
9 (1) A defendant arrested pursuant to this section shall
10 be afforded a preliminary arraignment by the proper issuing
11 authority without unnecessary delay. In no case shall the
12 arresting officer release the defendant from custody rather
13 than taking the defendant before the issuing authority.
14 (2) In determining whether to admit the defendant to
15 bail, the issuing authority shall consider whether the
16 defendant poses a threat of danger to the victim. If the
17 issuing authority makes such a determination, it shall
18 require as a condition of bail that the defendant shall
19 refrain from entering the residence or household of the
20 victim and the victim's place of employment and shall refrain
21 from committing any further criminal conduct against the
22 victim and shall so notify the defendant thereof at the time
23 the defendant is admitted to bail. SUCH CONDITION SHALL NOT <--
24 EXCEED A 72-HOUR PERIOD. A violation of this condition shall
25 be punishable by the revocation of any form of pretrial
26 release or the forfeiture of bail and the issuance of a bench
27 warrant for the defendant's arrest or remanding him to
28 custody. The defendant shall be provided a hearing on this
29 matter.
30 (d) Notice of rights.--
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1 (1) Upon responding to a domestic violence case, the
2 police officer shall advise NOTIFY the victim of the <--
3 availability of a shelter or other services in the community. <--
4 and give the victim immediate notice of the legal rights and <--
5 remedies available. The notice shall include furnishing the
6 victim a copy of the following statement: "If you are the
7 victim of domestic violence, you have the right to go to
8 court and file a petition requesting an order for protection
9 from domestic abuse pursuant to the act of October 7, 1976
10 (P.L.1090, No.218), known as the Protection From Abuse Act,
11 which could include the following:
12 (i) An order restraining the abuser from further
13 acts of abuse.
14 (ii) An order directing the abuser to leave your
15 household.
16 (iii) An order preventing the abuser from entering
17 your residence, school, business or place of employment.
18 (iv) An order awarding you or the other parent
19 temporary custody of or temporary visitation with your
20 child or children.
21 (v) An order directing the abuser to pay support to
22 you and the minor children if the abuser has a legal
23 obligation to do so."
24 (2) The notice shall include the resource listing,
25 including the telephone number, for the area battered women's
26 shelter.
27 (e) Contempt.--A victim shall not be held in contempt for <--
28 failure to prosecute or refusal to testify in criminal
29 proceedings arising under this section.
30 Section 2. This act shall take effect in 60 days.
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