PRINTER'S NO. 1294
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1100
Session of
2017
INTRODUCED BY NEUMAN, DEAN, SNYDER, DRISCOLL, DAVIS,
SCHLOSSBERG, THOMAS, BAKER, SOLOMON, McNEILL, MILLARD,
W. KELLER AND DeLUCA, APRIL 7, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 7, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for commencement of proceedings and for hearings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6106(g) and 6107(a) and (b)(2) of Title
23 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 6106. Commencement of proceedings.
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(g) Service of petition and orders.--The petition and orders
shall be served upon the defendant within 24 hours of issuance
by the court, and orders shall be served upon the police
departments and sheriff with appropriate jurisdiction to enforce
the orders. Orders shall be promptly served on the police and
sheriff. Failure to serve shall not stay the effect of a valid
order.
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§ 6107. Hearings.
(a) General rule.--Within [ten] three business days of the
filing of a petition under this chapter, a hearing shall be held
before the court, at which the plaintiff must prove the
allegation of abuse by a preponderance of the evidence. The
court shall, at the time the defendant is given notice of the
hearing, advise the defendant of the right to be represented by
counsel, of the possibility that any firearm, other weapon or
ammunition owned and any firearm license possessed may be
ordered temporarily relinquished, of the options for
relinquishment of a firearm pursuant to this chapter, of the
possibility that Federal law may prohibit the possession of
firearms, including an explanation of 18 U.S.C. § 922(g)(8)
(relating to unlawful acts), and that any protection order
granted by a court may be considered in any subsequent
proceedings under this title. This notice shall be printed and
delivered in a manner which easily attracts attention to its
content and shall specify that child custody is one of the
proceedings where prior protection orders may be considered.
(b) Temporary orders.--
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(2) The court may enter such a temporary order as it
deems necessary to protect the plaintiff or minor children
when it finds they are in immediate and present danger of
abuse. The order shall remain in effect until modified or
terminated by the court after notice and hearing. Nothing in
this section shall prevent a court from extending a temporary
order under an additional ex parte proceeding.
* * *
Section 2. This act shall take effect in 60 days.
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