PRINTER'S NO. 1978
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1747
Session of
2021
INTRODUCED BY KULIK, MIHALEK, HILL-EVANS, NEILSON, SANCHEZ,
MIZGORSKI, GALLOWAY, CONKLIN, T. DAVIS, FREEMAN, TOOHIL,
CIRESI, HOWARD, THOMAS, DEASY, ROZZI, O'MARA, GILLEN,
SCHLEGEL CULVER, MADDEN, McNEILL, GUENST, BURGOS AND
SHUSTERMAN, JULY 30, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JULY 30, 2021
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for definitions and for relief.
This act shall be referred to as "Alina's Law."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 6102. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Electronic monitoring device." A device that enables the
location of a person wearing the device to be monitored through
use of a global positioning system and related technology and is
designed so that the device:
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(1) actively and continuously monitors, identifies and
reports location data within a 100-mile radius;
(2) has real-time and interactive capabilities,
including the capability to immediately notify the
appropriate law enforcement agency and plaintiff of a breach
of a court-ordered exclusion zone;
(3) may be worn around a person's wrist or ankle; and
(4) once fitted around a person's wrist or ankle, cannot
be removed without using specialized equipment specifically
designed for that purpose and alerting the Pennsylvania State
Police and each local police department that the device has
been removed.
"Exclusion zone." A defined area surrounding the plaintiff
that the defendant is prohibited from entering.
* * *
Section 2. Section 6108(a) of Title 23 is amended by adding
paragraphs to read:
§ 6108. Relief.
(a) General rule.--Subject to subsection (a.1), the court
may grant any protection order or approve any consent agreement
to bring about a cessation of abuse of the plaintiff or minor
children. The order or agreement may include:
* * *
(6.1) Establishing an exclusion zone.
* * *
(9.1) With the consent of the plaintiff, authorizing the
plaintiff to wear an electronic monitoring device. The court
shall advise the plaintiff of the right to withdraw consent
at any time.
(9.2) If the plaintiff consents to wear an electronic
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monitoring device under paragraph (9.1), requiring the
defendant to wear an electronic monitoring device. The
following shall apply:
(i) Except as provided in subparagraph (ii), the
court shall order the defendant to wear the electronic
monitoring device for the entire period of time that the
final protection from abuse order is in effect.
(ii) The court may only order the electronic
monitoring device be removed from the defendant before
the expiration of the final protection from abuse order
if the plaintiff withdraws consent under paragraph (9.1)
or for good cause shown. If the court orders the
electronic monitoring device removed, the court shall
notify the plaintiff covered by the final protection from
abuse order that the electronic monitoring device has
been removed.
* * *
Section 3. This act shall take effect in 60 days.
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