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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DePASQUALE, READSHAW, SIPTROTH, BELFANTI, BROWN, D. COSTA, DALEY, GILLESPIE, GOODMAN, GROVE, HORNAMAN, KORTZ, MAJOR, MELIO, MICOZZIE, MUNDY, M. O'BRIEN, PASHINSKI, PAYTON, REICHLEY, ROCK, SHAPIRO, STABACK, SWANGER, TALLMAN, VULAKOVICH AND CALTAGIRONE, SEPTEMBER 22, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 22, 2009 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, further providing for harassment; and providing for |
4 | peace orders. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 2709 of Title 18 of the Pennsylvania |
8 | Consolidated Statutes is amended to read: |
9 | § 2709. Harassment. |
10 | (a) Offense defined.--A person commits the crime of |
11 | harassment when, with intent to harass, annoy or alarm another, |
12 | the person: |
13 | (1) strikes, shoves, kicks or otherwise subjects the |
14 | other person to physical contact, or attempts or threatens to |
15 | do the same; |
16 | (2) follows the other person in or about a public place |
17 | or places; |
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1 | (3) engages in a course of conduct or repeatedly commits |
2 | acts which serve no legitimate purpose; |
3 | (4) communicates to or about such other person any lewd, |
4 | lascivious, threatening or obscene words, language, drawings |
5 | or caricatures; |
6 | (5) communicates repeatedly in an anonymous manner; |
7 | (6) communicates repeatedly at extremely inconvenient |
8 | hours; [or] |
9 | (7) communicates repeatedly in a manner other than |
10 | specified in paragraphs (4), (5) and (6)[.]; |
11 | (8) engages in a course of conduct or repeatedly commits |
12 | acts which cause a reasonable fear of injury; or |
13 | (9) damages premises primarily used for religious |
14 | purposes or maintained for religious instruction and the |
15 | damage to the premises exceeds $50. |
16 | (b.1) Venue.-- |
17 | (1) An offense committed under this section may be |
18 | deemed to have been committed at either the place at which |
19 | the communication or communications were made or at the place |
20 | where the communication or communications were received. |
21 | (2) Acts indicating a course of conduct which occur in |
22 | more than one jurisdiction may be used by any other |
23 | jurisdiction in which an act occurred as evidence of a |
24 | continuing pattern of conduct or a course of conduct. |
25 | (c) Grading.-- |
26 | [(1) An offense under subsection (a)(1), (2) or (3) |
27 | shall constitute a summary offense. |
28 | (2) (i) An offense under subsection (a)(4), (5), (6) or |
29 | (7) shall constitute a misdemeanor of the third degree.] |
30 | (1) An offense under subsection (a)(2) or (3), when done |
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1 | intentionally and repeatedly, shall constitute harassment in |
2 | the first degree and shall be punishable as a second degree |
3 | misdemeanor. |
4 | (2) An offense under subsection (a)(1), (2) or (3), when |
5 | done with an intent to harass, annoy or alarm another person, |
6 | shall constitute harassment in the second degree and shall be |
7 | punishable as a third degree misdemeanor. |
8 | (3) An offense shall be graded aggravated harassment in |
9 | the second degree and punishable as a first degree |
10 | misdemeanor if one of the following apply: |
11 | (i) An offense under subsection (a)(4), (5), (6) or |
12 | (7), when done with the intent to harass, annoy, threaten |
13 | or alarm another person. |
14 | (ii) An offense under subsection (a)(1), when |
15 | committed due to a belief or perception, whether or not |
16 | accurate, regarding the victim's race, color, national |
17 | origin, ancestry, gender, religion, religious practice, |
18 | age, disability or sexual orientation. |
19 | (iii) An offense under paragraph (1), and a previous |
20 | conviction of the crime of harassment within the |
21 | preceding ten years. |
22 | (4) An offense shall be graded as aggravated harassment |
23 | in the first degree, punishable as a third degree felony, if |
24 | one of the following apply: |
25 | (i) An offense under subsection (a)(9), when done |
26 | with the intent to harass, annoy, threaten or alarm |
27 | another person because of a belief or perception |
28 | regarding the victim, whether or not accurate, regarding |
29 | the victim's race, color, national origin, ancestry, |
30 | gender, religion, religious practice, age, disability or |
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1 | sexual orientation. |
2 | (ii) A second or subsequent offense under paragraph |
3 | (3) or (4) within ten years, when done with the intent to |
4 | harass, annoy, threaten or alarm another person because |
5 | of a belief or perception regarding the victim, whether |
6 | or not accurate, regarding the victim's race, color, |
7 | national origin, ancestry, gender, religion, religious |
8 | practice, age, disability or sexual orientation. |
9 | (5) A second or subsequent offense under subsection (a) |
10 | (1), (2), (3), (4), (5), (6), (7), (8) or (9) shall be |
11 | rebuttable proof of intent as required under paragraph (3) or |
12 | (4). |
13 | (d) False reports.--A person who knowingly gives false |
14 | information to any law enforcement officer with the intent to |
15 | implicate another under this section commits an offense under |
16 | section 4906 (relating to false reports to law enforcement |
17 | authorities). |
18 | (e) Application of section.--This section shall not apply to |
19 | conduct by a party to a labor dispute as defined in the act of |
20 | June 2, 1937 (P.L.1198, No.308), known as the Labor Anti- |
21 | Injunction Act, or to any constitutionally protected activity. |
22 | (f) Definitions.--As used in this section, the following |
23 | words and phrases shall have the meanings given to them in this |
24 | subsection: |
25 | "Communicates." Conveys a message without intent of |
26 | legitimate communication or address by oral, nonverbal, written |
27 | or electronic means, including telephone, electronic mail, |
28 | texting, Internet, facsimile, telex, wireless communication or |
29 | similar transmission. |
30 | "Course of conduct." A pattern of actions composed of more |
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1 | than one act over a period of time, however short, evidencing a |
2 | continuity of conduct. Acts indicating a course of conduct which |
3 | occur in more than one jurisdiction may be used by any other |
4 | jurisdiction in which an act occurred as evidence of a |
5 | continuing pattern of conduct or a course of conduct. |
6 | Section 2. Title 42 is amended by adding a chapter to read: |
7 | CHAPTER 62 |
8 | PEACE ORDERS |
9 | Sec. |
10 | 6201. Definitions. |
11 | 6202. Applicability. |
12 | 6203. Petition for peace order. |
13 | 6204. Emergency orders. |
14 | 6205. Temporary orders. |
15 | 6206. Hearings. |
16 | 6207. Modifications. |
17 | 6208. Disclosures. |
18 | 6209. Violations. |
19 | 6210. Registry. |
20 | 6211. Foreign peace orders. |
21 | 6212. Regulations. |
22 | 6213. Immunity. |
23 | 6214. Inability to pay. |
24 | 6215. Construction. |
25 | § 6201. Definitions. |
26 | (a) General.--The following words and phrases when used in |
27 | this chapter shall have the meanings given to them in this |
28 | section unless the context clearly indicates otherwise: |
29 | "Comparable court." A foreign court that: |
30 | (1) Has subject matter jurisdiction and is authorized to |
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1 | issue ex parte, emergency, temporary or final protection |
2 | orders in that jurisdiction. |
3 | (2) Possessed jurisdiction over the parties when the |
4 | protection order was issued in that jurisdiction. |
5 | "Emergency peace order." An order that a hearing officer |
6 | issues under this chapter pending a hearing by a judge on a |
7 | petition. |
8 | "Final peace order." A peace order issued by a judge under |
9 | section 6203 (relating to petition for peace order). |
10 | "Foreign peace order." A peace or other order that is |
11 | similarly issued by a comparable court of another state, the |
12 | District of Columbia, Native American tribe or territory, |
13 | possession or commonwealth of the United States. |
14 | "Geographic exclusion zones." A court-defined area around |
15 | the victim's residence, place of employment or school. |
16 | "Hearing officer." A magisterial district judge, judge of |
17 | the Philadelphia Municipal Court, arraignment court magistrate |
18 | appointed under section 1123 (relating to jurisdiction and |
19 | venue), master appointed under section 1126 (relating to |
20 | masters) and master for emergency relief. |
21 | "Interim peace order." An order that a commissioner issues |
22 | under this chapter pending a hearing by a judge on a petition. |
23 | "Master for emergency relief." A member of the bar of the |
24 | Commonwealth appointed under section 6204 (relating to emergency |
25 | orders). |
26 | "Petitioner." An individual who files a petition under |
27 | section 6203 (relating to petition for peace order). |
28 | "Residence." The term includes the yard, grounds, |
29 | outbuildings and common areas surrounding a residence. |
30 | "Respondent." An individual alleged in a petition to have |
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1 | committed an act specified in section 6203(a) (relating to |
2 | petition for peace order) against a petitioner. |
3 | "Sheriff." |
4 | (1) Except as provided in paragraph (2), the sheriff of |
5 | the county. |
6 | (2) In a city of the first class, the chief or head of |
7 | the police department. |
8 | "Temporary peace order." A peace order issued by a judge |
9 | under section 6205 (relating to temporary orders). |
10 | (b) Other terms.--Terms not otherwise defined in this |
11 | chapter shall have the meaning given to them in 18 Pa.C.S. |
12 | (relating to crimes and offenses). |
13 | § 6202. Applicability. |
14 | (a) General.--By proceeding under this chapter, a petitioner |
15 | is not limited to or precluded from pursuing any other legal |
16 | remedy. |
17 | (b) Limitations.--This chapter does not apply to: |
18 | (1) A petitioner eligible for relief under 23 Pa.C.S. |
19 | Ch. 61 (relating to protection from abuse). |
20 | (2) A respondent who is 17 years of age or younger at |
21 | the time of the alleged commission of an act specified in |
22 | section 6203(a) (relating to petition for peace order). |
23 | § 6203. Petition for peace order. |
24 | (a) Filing.--A petitioner may seek relief under this chapter |
25 | by filing with the court, or with a hearing officer under the |
26 | circumstances specified in section 6204(a) (relating to |
27 | emergency orders), a petition that alleges the commission of any |
28 | of the following acts against the petitioner by the respondent, |
29 | if the act occurred within 30 days before the filing of the |
30 | petition: |
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1 | (1) An act that causes serious bodily harm. |
2 | (2) An act that places the petitioner in fear of |
3 | imminent serious bodily harm. |
4 | (3) Assault in any degree. |
5 | (4) Rape or sexual offense under 18 Pa.C.S. Ch. 31 |
6 | (relating to sexual offenses). |
7 | (5) False imprisonment under 18 Pa.C.S. § 2903 (relating |
8 | to false imprisonment). |
9 | (6) Aggravated harassment in the first or second degree |
10 | under 18 Pa.C.S. § 2709 (relating to harassment). |
11 | (7) Stalking under 18 Pa.C.S. § 2709.1 (relating to |
12 | stalking). |
13 | (8) Trespassing. |
14 | (9) Kidnapping under 18 Pa.C.S. § 2901 (relating to |
15 | kidnapping). |
16 | (b) Information required.--The petition shall: |
17 | (1) Be under oath and provide notice to the petitioner |
18 | that an individual who knowingly provides false information |
19 | in the petition is guilty of a misdemeanor and shall, upon |
20 | conviction, be sentenced to the penalties specified in |
21 | subsection (d). |
22 | (2) Subject to the provisions of subsection (c), contain |
23 | the address of the petitioner. |
24 | (3) Include all information known to the petitioner of: |
25 | (i) The nature and extent of the act specified in |
26 | subsection (a) for which the relief is being sought, |
27 | including information known to the petitioner concerning |
28 | previous harm or injury resulting from an act specified |
29 | in subsection (a) by the respondent. |
30 | (ii) Each previous and pending action between the |
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1 | parties in any court. |
2 | (iii) The whereabouts of the respondent. |
3 | (c) Address redaction.--If a petitioner alleges and the |
4 | commissioner or judge finds, in a proceeding under this chapter, |
5 | that the disclosure of the address of the petitioner would risk |
6 | further harm to the petitioner, that address may be stricken |
7 | from the petition and omitted from all other documents filed |
8 | with the commissioner or filed with or transferred to a court. |
9 | (d) Penalties.--An individual who knowingly provides false |
10 | information in a petition filed under this section is guilty of |
11 | a misdemeanor and shall, upon conviction, be sentenced to pay a |
12 | fine of not more than $1,000 or to imprisonment for not more |
13 | than 90 days, or both. |
14 | (e) Fees.--A petitioner under this chapter shall not be |
15 | charged fees or costs associated with filing, issuance, |
16 | registration or service of a petition, motion, complaint, order |
17 | or other filing. A petitioner under this chapter shall not be |
18 | assessed any fees or costs associated with filing a motion for |
19 | reconsideration or an appeal from any order or action taken |
20 | under this chapter. Nothing in this subsection is intended to |
21 | expand or diminish the court's authority to enter an order under |
22 | Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of documents. |
23 | Representations to the Court. Violation.). |
24 | § 6204. Emergency orders. |
25 | (a) General rule.--As set forth in subsection (b), when a |
26 | court is unavailable, a petition may be filed before a hearing |
27 | officer who may grant relief in accordance with section 6206 |
28 | (relating to hearings) if the hearing officer deems it necessary |
29 | to protect the petitioner upon good cause shown in an ex parte |
30 | proceeding. Immediate and present danger to the petitioner shall |
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1 | constitute good cause for the purposes of this subsection. |
2 | (b) Unavailable.-- |
3 | (1) In counties with fewer than four judges, the court |
4 | is unavailable: |
5 | (i) From the close of business at the end of each |
6 | day to the resumption of business the next morning. |
7 | (ii) From the end of the business week to the |
8 | beginning of the business week. |
9 | (iii) During the business day by reason of duties |
10 | outside the county, illness or vacation. |
11 | (2) In counties with four or more judges, the court is |
12 | unavailable: |
13 | (i) From the close of business at the end of each |
14 | day to the resumption of business the next morning. |
15 | (ii) From the end of the business week to the |
16 | beginning of the business week. |
17 | (c) Guidelines.--An emergency peace order: |
18 | (1) shall contain only the relief that is minimally |
19 | necessary to protect the petitioner; and |
20 | (2) may order the respondent to: |
21 | (i) refrain from committing or threatening to commit |
22 | an act specified in section 6203(a) (relating to petition |
23 | for peace order) against the petitioner; |
24 | (ii) refrain from contacting, attempting to contact |
25 | or harassing the petitioner; |
26 | (iii) refrain from entering the residence of the |
27 | petitioner; and |
28 | (iv) refrain from entering the geographic exclusion |
29 | zone. |
30 | (d) Expiration of order.--An order issued under subsection |
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1 | (a) shall expire at the end of the next business day the court |
2 | deems itself available. The court shall schedule hearings on |
3 | peace orders entered by hearing officers under subsection (a) |
4 | and shall review and continue in effect peace orders that are |
5 | necessary to protect the petitioner until the hearing, at which |
6 | time the petitioner may seek a temporary order from the court. |
7 | (e) Certification of order to court.--An emergency order |
8 | issued under this section and documentation in support thereof |
9 | shall be immediately certified to the court. The certification |
10 | to the court shall have the effect of commencing proceedings |
11 | under section 6203 and invoking the other provisions of this |
12 | chapter. If it is not already alleged in a petition for an |
13 | emergency order, the petitioner shall file a verified statement |
14 | setting forth the acts committed by the respondent against the |
15 | petitioner at least five days prior to the hearing. Service of |
16 | the verified statement shall be made subject to section 6205(b) |
17 | (relating to temporary orders). |
18 | (f) Masters for emergency relief.--The president judge of a |
19 | court of common pleas of a judicial district may, with the |
20 | approval of the Administrative Office of Pennsylvania Courts, |
21 | provide for the selection and appointment of a master for |
22 | emergency relief on a full-time or part-time basis. The number |
23 | of masters for emergency relief shall be fixed by the president |
24 | judge with the approval of the Administrative Office of |
25 | Pennsylvania Courts. The compensation of a master for emergency |
26 | relief shall be fixed and paid by the county. Nothing in this |
27 | subsection shall prohibit or require any master for emergency |
28 | relief in 23 Pa.C.S. § 6110 (relating to emergency relief by |
29 | minor judiciary) from performing the duties for both protection |
30 | and peace orders. |
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1 | (g) Authority.--A decision of a hearing officer to grant or |
2 | deny relief under this section is not binding on and does not |
3 | affect any power granted to or duty imposed on a judge of a |
4 | court of common pleas or any other court under any law, |
5 | including any power to grant or deny a petition for a temporary |
6 | peace order or final peace order. |
7 | (h) Penalties.--An individual who knowingly provides false |
8 | information in a petition filed under this section is guilty of |
9 | a misdemeanor and shall, upon conviction, be sentenced to pay a |
10 | fine of not more than $1,000 or to imprisonment for not more |
11 | than 90 days, or both. |
12 | § 6205. Temporary orders. |
13 | (a) General. -- |
14 | (1) If, after a hearing on a petition, whether ex parte |
15 | or otherwise, a judge finds that there are reasonable grounds |
16 | to believe that the respondent has committed, and is likely |
17 | to commit in the future, an act specified in section 6203(a) |
18 | (relating to petition for peace order) against the |
19 | petitioner, the judge may issue a temporary peace order to |
20 | protect the petitioner. |
21 | (2) The temporary peace order may include any or all of |
22 | the following relief: |
23 | (i) order the respondent to refrain from committing |
24 | or threatening to commit an act specified in section |
25 | 6203(a) against the petitioner; |
26 | (ii) order the respondent to refrain from |
27 | contacting, attempting to contact or harassing the |
28 | petitioner; |
29 | (iii) order the respondent to refrain from entering |
30 | the residence of the petitioner; and |
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1 | (iv) order the respondent to refrain from entering |
2 | the geographic exclusion zone. |
3 | (3) If the judge issues an order under this section, the |
4 | order shall contain only the relief that is minimally |
5 | necessary to protect the petitioner. |
6 | (b) Service.-- |
7 | (1) The petition and orders shall be served upon the |
8 | respondent, and orders shall be served upon the police |
9 | departments and sheriff with appropriate jurisdiction to |
10 | enforce the orders. |
11 | (2) Failure to serve shall not stay the effect of a |
12 | valid order. |
13 | (3) The court shall adopt a means of prompt and |
14 | effective service in those instances where the petitioner |
15 | avers that service cannot be safely effected by an individual |
16 | other than a law enforcement officer or where the court so |
17 | orders. |
18 | (4) If the court so orders, the sheriff or other |
19 | designated agency or individual shall serve the petition and |
20 | order. |
21 | (c) Time.-- |
22 | (1) The temporary peace order shall be effective for no |
23 | more than seven days after service of the order. |
24 | (2) The judge may extend the temporary peace order as |
25 | needed, but not to exceed 30 days, to effectuate service of |
26 | the order where necessary to provide protection or for other |
27 | good cause. |
28 | (d) Final peace order hearing.--The judge may proceed with a |
29 | final peace order hearing instead of a temporary peace order |
30 | hearing if: |
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1 | (1) one of the following applies: |
2 | (i) the respondent appears at the hearing; |
3 | (ii) the respondent has been served with an |
4 | emergency peace order; or |
5 | (iii) the court otherwise has personal jurisdiction |
6 | over the respondent. |
7 | (2) the petitioner and the respondent expressly consent |
8 | to waive the temporary peace order hearing. |
9 | § 6206. Hearings. |
10 | (a) General.--A respondent shall have an opportunity to be |
11 | heard on the question of whether the judge should issue a final |
12 | peace order. |
13 | (b) Mandated information.-- |
14 | (1) The following information must be clearly stated on |
15 | or with the served documents to the respondent: |
16 | (i) The temporary peace order shall state the date |
17 | and time of the final peace order hearing. |
18 | (ii) Unless continued for good cause, the final |
19 | peace order hearing shall be held no later than seven |
20 | days after the temporary peace order is served on the |
21 | respondent. |
22 | (2) The temporary peace order shall include notice to |
23 | the respondent: |
24 | (i) in at least ten-point bold type, that if the |
25 | respondent fails to appear at the final peace order |
26 | hearing, the respondent may be served by first-class mail |
27 | at the respondent's last known address with the final |
28 | peace order and all other notices concerning the final |
29 | peace order; |
30 | (ii) specifying all the possible forms of relief |
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1 | under subsection (d) that the final peace order may |
2 | contain; |
3 | (iii) that the final peace order shall be effective |
4 | for the period stated in the order, not to exceed six |
5 | months; and |
6 | (iv) in at least ten-point bold type, that the |
7 | respondent must notify the court in writing of any change |
8 | of address. |
9 | (c) Hearings.-- |
10 | (1) If the respondent appears for the final peace order |
11 | hearing, has been served with an emergency peace order or a |
12 | temporary peace order or the court otherwise has personal |
13 | jurisdiction over the respondent, the judge: |
14 | (i) may proceed with the final peace order hearing; |
15 | and |
16 | (ii) if the judge finds by clear and convincing |
17 | evidence that the respondent has committed, and is likely |
18 | to commit in the future, an act specified in section |
19 | 6203(a) (relating to petition for peace order) against |
20 | the petitioner or if the respondent consents to the entry |
21 | of a peace order, the court may issue a final peace order |
22 | to protect the petitioner. |
23 | (2) A final peace order may be issued only to an |
24 | individual who has filed a petition under section 6203. |
25 | (3) In cases where both parties file a petition under |
26 | section 6203, the judge may issue mutual peace orders if the |
27 | judge finds by clear and convincing evidence that each party |
28 | has committed, and is likely to commit in the future, an act |
29 | specified in section 6203(a) against the other party. |
30 | (d) Relief.-- |
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1 | (1) The final peace order may include any or all of the |
2 | following relief: |
3 | (i) Order the respondent to refrain from committing |
4 | or threatening to commit an act specified in section |
5 | 6203(a) against the petitioner. |
6 | (ii) Order the respondent to refrain from |
7 | contacting, attempting to contact or harassing the |
8 | petitioner. |
9 | (iii) Order the respondent to refrain from entering |
10 | the residence of the petitioner. |
11 | (iv) Order the respondent to refrain from entering |
12 | the geographic exclusion zone. |
13 | (v) Direct the respondent or petitioner to |
14 | participate in professionally supervised counseling or, |
15 | if the parties are amenable, mediation. |
16 | (vi) Order the respondent to pay filing fees and |
17 | costs of a proceeding under this chapter. |
18 | (2) If the judge issues an order under this section, the |
19 | order shall contain only the relief that is minimally |
20 | necessary to protect the petitioner. |
21 | (3) The court shall assess fees and costs against the |
22 | defendant when an order is granted under this chapter. The |
23 | court shall only waive fees upon a showing of good cause or |
24 | when the court makes a finding that the respondent is not |
25 | able to pay the costs. |
26 | (e) Service of final order.-- |
27 | (1) A copy of the final peace order shall be served on |
28 | the petitioner, the respondent, the appropriate law |
29 | enforcement agency and any other person the court determines |
30 | is appropriate in open court or, if the person is not present |
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1 | at the final peace order hearing, by any manner of service |
2 | acceptable pursuant to 23 Pa.C.S. § 6109 (relating to service |
3 | of orders). |
4 | (2) A copy of the final peace order served on the |
5 | respondent in accordance with paragraph (1) constitutes |
6 | actual notice to the respondent of the contents of the final |
7 | peace order. |
8 | (f) Duration of final order.--All relief granted in a final |
9 | peace order shall be effective for the period stated in the |
10 | order, not to exceed six months. |
11 | (g) Mutual orders.--Mutual peace orders shall not be awarded |
12 | unless both parties have filed timely written petitions, |
13 | complied with service requirements and are eligible for peace |
14 | orders. The court shall make separate findings, and where |
15 | issuing orders on behalf of both petitioners, enter separate |
16 | orders. |
17 | § 6207. Modifications. |
18 | (a) General.--A peace order may be modified or rescinded |
19 | during the term of the peace order after: |
20 | (1) giving notice to the petitioner and the respondent; |
21 | and |
22 | (2) a hearing. |
23 | (b) Appeals. -- |
24 | (1) If a court of common pleas judge grants or denies |
25 | relief under a petition filed under this chapter, a |
26 | respondent or a petitioner may appeal to the Superior Court |
27 | for the county where the court of common pleas is located. |
28 | (2) An appeal taken under this subsection to the |
29 | Superior Court shall be heard de novo in the Superior Court. |
30 | (3) (i) If an appeal is filed under this subsection, |
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1 | the court of common pleas judgment shall remain in effect |
2 | until superseded by a judgment of the Superior Court. |
3 | (ii) Unless the Superior Court orders otherwise, |
4 | modification or enforcement of the court of common pleas |
5 | order shall be by the court of common pleas. |
6 | (c) Extensions.-- |
7 | (1) An extension of a peace order may be granted in the |
8 | following circumstances: |
9 | (i) Where the court finds, after a duly filed |
10 | petition, notice to the respondent and a hearing in |
11 | accordance with the procedures set forth in this chapter, |
12 | that the respondent committed one or more of the |
13 | enumerated acts in section 6203 (relating to petition for |
14 | peace order) after the entry of the original peace order |
15 | or that the respondent engaged in a pattern or practice |
16 | that indicates a continued risk of harm to the |
17 | petitioner. |
18 | (ii) When a contempt petition or charge has been |
19 | filed with the court or with a hearing officer in |
20 | Philadelphia County, but the hearing has not occurred |
21 | before the expiration of the protection order, the order |
22 | shall be extended, at a minimum, until the disposition of |
23 | the contempt petition and may be extended for another |
24 | term beyond the disposition of the contempt petition. |
25 | (2) Service of an extended order shall be made in |
26 | accordance with this chapter. |
27 | (3) There shall be no limit on the number of extensions |
28 | that may be granted. |
29 | § 6208. Disclosures. |
30 | (a) General.--An emergency peace order, temporary peace |
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1 | order and final peace order issued under this chapter shall |
2 | state that a violation of the order may result in: |
3 | (1) criminal prosecution; and |
4 | (2) imprisonment or fine, or both. |
5 | (b) Violations.--A temporary peace order and final peace |
6 | order issued under this chapter shall state that a violation of |
7 | the order may result in a finding of contempt. |
8 | § 6209. Violations. |
9 | (a) General.--An individual who fails to comply with the |
10 | relief granted in an emergency peace order under section 6204 |
11 | (relating to emergency orders), a temporary peace order under |
12 | section 6205(a)(2) (relating to temporary orders), a foreign |
13 | peace order under section 6211 (relating to foreign peace |
14 | orders) or a final peace order under section 6206(d) (relating |
15 | to hearings) is guilty of a misdemeanor and shall, upon |
16 | conviction, be sentenced, for each offense, to pay a fine of not |
17 | less than $200 nor more than $1,000 or to imprisonment not to |
18 | exceed 90 days, or both. |
19 | (b) Arrest.--A law enforcement officer shall arrest with or |
20 | without a warrant and take into custody an individual whom the |
21 | officer has probable cause to believe is in violation of an |
22 | emergency peace order, temporary peace order, foreign peace |
23 | order or final peace order in effect at the time of the |
24 | violation. The officer may verify the existence of a peace order |
25 | by telephone, radio or other electronic communication device |
26 | with the department, the Pennsylvania State Police registry, |
27 | protection order on file or issuing authority. Upon arrest, the |
28 | respondent shall be afforded a preliminary hearing without |
29 | unnecessary delay before a court of common pleas judge or a |
30 | hearing officer. A formal hearing shall be scheduled within ten |
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1 | days of the filing of the charge. A law enforcement agency shall |
2 | make reasonable efforts to notify the petitioner protected by a |
3 | peace order of the arrest of the respondent for a violation |
4 | within 24 hours of the arrest. |
5 | (c) Petitioner filings.--A petitioner may file a petition |
6 | for civil contempt with the issuing court alleging that the |
7 | respondent has violated a provision of an order or court- |
8 | approved agreement issued under this chapter or a foreign peace |
9 | order. Upon finding a violation of a peace order, the court may |
10 | hold the respondent in civil contempt and constrain the |
11 | respondent in accordance with law. |
12 | (d) Fines.--Fines paid by the respondent shall be |
13 | distributed as follows: |
14 | (1) $100 shall be retained by the county and shall be |
15 | used to carry out the provisions of this chapter as follows: |
16 | (i) $50 shall be used by the sheriff. |
17 | (ii) $50 shall be used by the court. |
18 | (2) All other money received shall go to the |
19 | Commonwealth and shall be appropriated to the Pennsylvania |
20 | State Police to establish and maintain the Statewide registry |
21 | of peace orders provided in section 6210 (relating to |
22 | registry). |
23 | (e) Respondent's rights.-- |
24 | (1) The respondent shall not have the right to a jury |
25 | trial for a charge of violating a peace order. |
26 | (2) The respondent shall have the right to an attorney. |
27 | (3) Upon conviction and at the request of the |
28 | petitioner, the court shall also grant an extension of the |
29 | peace order. |
30 | (4) Upon conviction, the court shall notify the sheriff |
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1 | of the jurisdiction which issued the order of the conviction. |
2 | (f) Notification of release.--The appropriate releasing |
3 | authority or other official, as designated by local rule, shall |
4 | use all reasonable means to notify the victim sufficiently in |
5 | advance of the release of the offender from any incarceration |
6 | imposed under this section. The petitioner must keep the |
7 | appropriate releasing authority or other official as designated |
8 | by local rule advised of contact information. Failure to do so |
9 | will constitute a waiver of any right to notification under this |
10 | section. |
11 | § 6210. Registry. |
12 | (a) Establishment.--The Pennsylvania State Police shall |
13 | establish a Statewide registry of peace orders and shall |
14 | maintain a complete and systemic record and index of all valid |
15 | temporary and final court orders, court-approved consent |
16 | agreements and foreign peace orders filed under section 6211 |
17 | (relating to foreign peace orders). The Statewide registry shall |
18 | include, at a minimum, the following: |
19 | (1) The names of the petitioner and protected parties. |
20 | (2) The name and address of the respondent. |
21 | (3) The date the order was entered. |
22 | (4) The date the order expires. |
23 | (5) The relief granted under this chapter. |
24 | (6) The court in which the order was entered. |
25 | (7) If available, the social security number and date of |
26 | birth of the respondent. |
27 | (b) Entry and modification.--The prothonotary shall send, on |
28 | a form prescribed by the Pennsylvania State Police, a copy of |
29 | the peace order or approved consent agreement to the Statewide |
30 | registry of peace orders so that it is received within 24 hours |
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1 | of the entry of the order. Likewise, amendments to, or |
2 | revocations of, the order shall be transmitted by the |
3 | prothonotary within 24 hours of the entry of the order for |
4 | modification or revocation. The Pennsylvania State Police shall |
5 | enter orders, amendments and revocations in the Statewide |
6 | registry of peace orders within eight hours of receipt. Vacated |
7 | or expired orders shall be purged from the registry. |
8 | (c) Availability.--The registry of the Pennsylvania State |
9 | Police shall be available at all times to inform courts, |
10 | dispatchers and law enforcement officers of any valid protection |
11 | order involving the respondent. |
12 | (d) Public access.--Information contained in the Statewide |
13 | registry shall not be subject to access under the act of |
14 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
15 | § 6211. Foreign peace orders. |
16 | (a) General rule.--A court shall recognize and enforce a |
17 | valid foreign peace order issued by a comparable court. The |
18 | validity of a foreign protection order shall only be determined |
19 | by a court. |
20 | (b) Affirmative defense.--Failure by a comparable court to |
21 | provide reasonable notice and opportunity to be heard shall be |
22 | an affirmative defense to any charge or process filed seeking |
23 | enforcement of a foreign peace order. A comparable court shall |
24 | have complied with that court's notice requirements and shall |
25 | have given the defendant the opportunity to be heard before the |
26 | foreign order was issued. In the case of ex parte orders, the |
27 | comparable court shall have complied with that court's notice |
28 | requirements and have given the defendant an opportunity to be |
29 | heard within a reasonable period of time after the order was |
30 | issued, consistent with due process. |
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1 | (c) Invalid orders.--A foreign protection order issued by a |
2 | comparable court against a party who has filed a petition, |
3 | complaint or other written pleading for a peace order is not |
4 | valid and not entitled to full faith and credit if: |
5 | (1) no cross or counter petition, complaint or other |
6 | written pleading was filed seeking the peace order; or |
7 | (2) a cross or counter petition, complaint or other |
8 | written pleading was filed and the court did not make a |
9 | specific finding that each party was entitled to a peace |
10 | order. |
11 | (d) Filing a foreign protection order.--A plaintiff may file |
12 | a certified copy of a foreign peace order with the prothonotary |
13 | in any county within this Commonwealth where the plaintiff |
14 | believes enforcement may be necessary. The following provisions |
15 | shall apply: |
16 | (1) No costs or fees associated with filing a foreign |
17 | peace order shall be assigned to the plaintiff, including the |
18 | cost of obtaining certified copies of the order. Costs and |
19 | fees associated with filing a foreign peace order may be |
20 | assessed against the defendant. |
21 | (2) Upon filing of a foreign peace order, a prothonotary |
22 | shall transmit, in a manner prescribed by the Pennsylvania |
23 | State Police, a copy of the order to the Pennsylvania State |
24 | Police registry of peace orders. |
25 | (3) Filing of a foreign peace order shall not be a |
26 | prerequisite for service and enforcement. |
27 | (e) Orders issued in another judicial district within this |
28 | Commonwealth.--The filing of an order issued in another judicial |
29 | district within this Commonwealth is not required for |
30 | enforcement purposes. |
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1 | (f) Enforcement of foreign protection orders.-- |
2 | (1) All foreign protection orders shall have the |
3 | presumption of validity in this Commonwealth, and police |
4 | officers shall make arrests for violations thereof in the |
5 | same manner as set for violations of protection orders issued |
6 | within this Commonwealth. Until a foreign order is declared |
7 | to be invalid by a court, it shall be enforced by all law |
8 | enforcement personnel in this Commonwealth. |
9 | (2) A police officer shall rely upon any copy of a |
10 | foreign protection order which has been presented to the |
11 | officer by any source and may verify the existence of a |
12 | protection order consistent with the provisions of section |
13 | 6209(b) (relating to violations). The fact that a foreign |
14 | protection order has not been filed with a prothonotary or |
15 | entered into the Pennsylvania State Police registry shall not |
16 | be grounds for law enforcement to refuse to enforce the |
17 | order. |
18 | § 6212. Regulations. |
19 | (a) General.--The Pennsylvania Supreme Court may adopt rules |
20 | and forms to implement the provisions of this chapter. |
21 | (b) Form.-- |
22 | (1) The Pennsylvania Supreme Court shall adopt a form |
23 | for a petition under this chapter. |
24 | (2) A petition form shall contain notice to a petitioner |
25 | that an individual who knowingly provides false information |
26 | in a petition filed under this chapter is guilty of a |
27 | misdemeanor and shall, upon conviction, be sentenced to the |
28 | penalties specified in section 6203(d) (relating to petition |
29 | for peace order). |
30 | § 6213. Immunity. |
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1 | (a) General.--Law enforcement agencies and their employees |
2 | shall be immune from civil liability for actions taken in good |
3 | faith to carry out their duties relating to this chapter. This |
4 | shall not apply to gross negligence, intentional misconduct and |
5 | willful or wanton misconduct. |
6 | (b) Foreign orders.--The following entities shall be immune |
7 | from civil liability for a good faith conduct in actions arising |
8 | in connection with a court's finding that the foreign order is |
9 | invalid or unenforceable: |
10 | (1) Law enforcement agencies, their agents and |
11 | employees. |
12 | (2) County correction and detention facilities and their |
13 | agents and employees. |
14 | (3) Prothonotaries, their agents and employees. |
15 | § 6214. Inability to pay. |
16 | (a) Order for installment payments.--Upon plea and proof |
17 | that a person is without the financial means to pay a fine, a |
18 | fee, economic relief ordered under this chapter or a cost, a |
19 | court may order payment of money owed in installments |
20 | appropriate to the circumstances of the person and shall fix the |
21 | amounts, times and manner of payment. |
22 | (b) Use of credit cards.--The treasurer of each county may |
23 | allow the use of credit cards and bank cards in the payment of |
24 | money owed under this chapter. |
25 | § 6215. Construction. |
26 | Nothing in this chapter shall be construed to preclude an |
27 | action for wrongful use of civil process under Subchapter E of |
28 | Chapter 83 (relating to wrongful use of civil proceedings) or |
29 | criminal prosecution for a violation of 18 Pa.C.S. Ch. 49 |
30 | (relating to falsification and intimidation). |
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1 | Section 3. This act shall take effect in 60 days. |
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