S0313B0327A04723 AJB:CMD 11/14/17 #90 A04723
AMENDMENTS TO SENATE BILL NO. 313
Sponsor: SENATOR BOSCOLA
Printer's No. 327
Amend Bill, page 1, lines 3 and 4, by striking out "and
providing for shared telephone plans"
Amend Bill, page 1, lines 7 through 18; pages 2 and 3, lines
1 through 30; page 4, lines 1 through 26; by striking out all of
said lines on said pages and inserting
Section 1. Section 6108(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
ยง 6108. Relief.
(a) General rule.--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:
* * *
(2.1) Granting the transfer of an existing wireless
telephone number, including the wireless telephone numbers of
minor children in the care of the plaintiff, to the plaintiff
when the billing responsibility for and rights to the
wireless telephone number belong to the defendant as the
account holder. The following apply:
(i) The order shall be a separate order that is
directed to the wireless telephone service provider. The
order shall list the name and billing telephone number of
the defendant, the name and contact information of the
plaintiff to whom the wireless telephone number will be
transferred and the wireless telephone number to be
transferred to the plaintiff. The court shall ensure that
the contact information of the plaintiff is not provided
to the defendant in proceedings held under section 6112
(relating to disclosure of addresses).
(ii) The order shall be served on the wireless
service provider. The wireless service provider shall
establish protocols to respond to the order issued under
this subparagraph.
(iii) If applicable, the wireless service provider
shall notify the court and plaintiff within three
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business days of receipt of the order that the wireless
service provider cannot operationally or technically
effectuate the order due to certain circumstances,
including, but not limited to, the following:
(A) The defendant has already terminated the
account.
(B) Differences in wireless network technology
prevent the functionality of a device on the network.
(C) There are geographic or other limitations on
the wireless network or service availability.
(iv) Upon transfer of billing responsibility for and
rights to the wireless telephone number to a plaintiff
under this paragraph, the plaintiff shall assume all
financial responsibility for the transferred wireless
telephone number, monthly service costs and costs for the
mobile device attached to the wireless telephone number.
(v) Wireless service providers shall apply routine
and customary requirements for account establishment for
the plaintiff as part of the transfer of billing
responsibility for wireless telephone numbers and any
mobile devices attached to the wireless telephone numbers
under this paragraph, including, but not limited to,
identification, financial information and customer
preferences.
(vi) Nothing in this paragraph shall be construed
to affect the ability of the court to apportion the
assets and debts of the plaintiff and defendant as
provided by the laws of this Commonwealth or the ability
to determine the temporary use, possession and control of
personal property under this chapter.
(vii) No cause of action shall be brought against a
wireless telephone service provider or the wireless
telephone service provider's officers, employees or
agents, for actions taken in accordance with the terms of
an order issued under this paragraph.
(viii) The Unified Judicial System of Pennsylvania
shall, no later than July 1, 2018, develop any forms or
rules necessary to effectuate this paragraph.
* * *
Section 2. This act shall take effect July 1, 2018, or
immediately, whichever is later.
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