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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2174, 2572               PRINTER'S NO. 2918

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1717 Session of 2005


        INTRODUCED BY TRUE, MANDERINO, ADOLPH, ALLEN, ARGALL, BAKER,
           BALDWIN, BEBKO-JONES, BELARDI, BISHOP, BLACKWELL, BOYD, BUNT,
           BUTKOVITZ, BUXTON, CAWLEY, CIVERA, CLYMER, COHEN, CORNELL,
           CRAHALLA, CURRY, DALLY, DeWEESE, DiGIROLAMO, EACHUS,
           J. EVANS, FABRIZIO, FAIRCHILD, FEESE, FLICK, FORCIER,
           FRANKEL, FREEMAN, GANNON, GEIST, GEORGE, GERBER, GERGELY,
           GINGRICH, GODSHALL, GOOD, GRELL, HARHART, HARPER, HARRIS,
           HENNESSEY, HERSHEY, HICKERNELL, HUTCHINSON, JAMES, JOSEPHS,
           KAUFFMAN, M. KELLER, W. KELLER, KENNEY, KILLION, LaGROTTA,
           LEACH, LEDERER, MACKERETH, MAHER, MAITLAND, MAJOR, MANN,
           McCALL, McGEEHAN, McGILL, McILHATTAN, McILHINNEY, METCALFE,
           MICOZZIE, R. MILLER, MUNDY, NAILOR, NICKOL, O'BRIEN, OLIVER,
           O'NEILL, PERZEL, PHILLIPS, PICKETT, PISTELLA, PRESTON, PYLE,
           QUIGLEY, RAYMOND, REED, REICHLEY, RIEGER, ROEBUCK, ROONEY,
           ROSS, RUBLEY, SANTONI, SAYLOR, SCHRODER, SHAPIRO, SIPTROTH,
           B. SMITH, S. H. SMITH, SOLOBAY, STABACK, STEIL, STERN,
           STETLER, T. STEVENSON, STURLA, TANGRETTI, E. Z. TAYLOR,
           J. TAYLOR, THOMAS, VEON, WALKO, WATSON, WHEATLEY, WILLIAMS,
           WRIGHT, YOUNGBLOOD, ZUG, ARMSTRONG, RAPP, MUSTIO, McNAUGHTON,
           GABIG, S. MILLER, CREIGHTON, SATHER, R. STEVENSON, WILT,
           ROHRER, CAPPELLI, HERMAN, CAUSER, GOODMAN, DENLINGER AND
           MELIO, JUNE 13, 2005

        SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, OCTOBER 24, 2005

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
     2     Relations) of the Pennsylvania Consolidated Statutes, further
     3     providing for persons not to possess, use, manufacture,
     4     control, sell or transfer firearms, for firearms not to be
     5     carried without licenses, for licenses, for loans, lending or
     6     giving of firearms, for definitions, for jurisdiction, for
     7     full faith and credit and foreign protection orders, for
     8     responsibilities of law enforcement agencies, for
     9     commencement of proceedings, for hearings and for relief;
    10     providing for return of relinquished firearms, other weapons
    11     and ammunition, for relinquishment for consignment sale or
    12     lawful transfer, for relinquishment to third party for


     1     safekeeping and for registry or database of firearm
     2     ownership; further providing for emergency relief by minor
     3     judiciary, for arrest for violation of order, for private
     4     criminal complaints for violation of order or agreement, for
     5     contempt for violation of order or agreement and for
     6     procedures and other remedies; and providing for immunity,
     7     for inability to pay and for limitation on warrantless
     8     searches.

     9     The General Assembly finds and declares as follows:
    10         (1)  The provisions of 23 Pa.C.S. Ch. 61 (relating to
    11     protection from abuse) are necessary and proper in that they
    12     further the Commonwealth's compelling State interest to
    13     protect victims of domestic violence from abuse.
    14         (2)  The Second Amendment to the Constitution of the
    15     United States and section 21 of Article I of the Constitution
    16     of Pennsylvania recognize a fundamental right to keep and
    17     bear arms.
    18         (3)  The limitation of firearm rights for the duration of
    19     a protection from abuse order as authorized by 23 Pa.C.S. Ch.
    20     61 is a reasonable regulation, a valid exercise of the police
    21     power of the Commonwealth and furthers the compelling State
    22     interest to protect victims from abuse.
    23         (4)  As provided in 23 Pa.C.S. Ch. 61 a court may impose
    24     limitations on firearm rights prohibiting someone who has
    25     engaged in domestic violence from possessing firearms when
    26     the court deems it appropriate to do so in order to protect a
    27     victim.
    28     The General Assembly of the Commonwealth of Pennsylvania
    29  hereby enacts as follows:
    30     Section 1.  Section 6102 of Title 18 of the Pennsylvania
    31  Consolidated Statutes is amended by adding definitions to read:
    32  § 6102.  Definitions.
    33     Subject to additional definitions contained in subsequent

    20050H1717B2918                  - 2 -     

     1  provisions of this subchapter which are applicable to specific
     2  provisions of this subchapter, the following words and phrases,
     3  when used in this subchapter shall have, unless the context
     4  clearly indicates otherwise, the meanings given to them in this
     5  section:
     6     * * *
     7     "Commonwealth Photo Imaging Network."  The computer network
     8  administered by the Commonwealth and used to record and store
     9  digital photographs of an individual's face and any scars,
    10  marks, tattoos or other unique features of the individual.
    11     * * *
    12     "Pennsylvania Sheriffs' Association."  The State association
    13  of sheriffs authorized by the act of June 14, 1923 (P.L.774,
    14  No.305), entitled "An act authorizing the sheriffs of the
    15  several counties of this Commonwealth to organize themselves
    16  into a State Association, for the purpose of holding annual
    17  meetings, to secure more uniformity and cooperation in the
    18  conduct of their offices, and providing for the payment of
    19  certain expenses in connection with such meetings by the various
    20  counties."
    21     "Safekeeping permit."  As defined in 23 Pa.C.S. § 6102
    22  (relating to definitions).
    23     * * *
    24     "STATE."  WHEN USED IN REFERENCE TO DIFFERENT PARTS OF THE     <--
    25  UNITED STATES, INCLUDES THE DISTRICT OF COLUMBIA, THE
    26  COMMONWEALTH OF PUERTO RICO AND TERRITORIES AND POSSESSIONS OF
    27  THE UNITED STATES.
    28     Section 2.  Section 6105(a), (a.1), (c)(6), (d), (e)(1) and
    29  (f)(2) and (4) of Title 18 are amended and subsection (c) is
    30  amended by adding a paragraph to read:
    20050H1717B2918                  - 3 -     

     1  § 6105.  Persons not to possess, use, manufacture, control, sell
     2             or transfer firearms.
     3     (a)  Offense defined.--
     4         (1)  A person who has been convicted of an offense
     5     enumerated in subsection (b), within or without this
     6     Commonwealth, regardless of the length of sentence or whose
     7     conduct meets the criteria in subsection (c) shall not
     8     possess, use, control, sell, transfer or manufacture or
     9     obtain a license to possess, use, control, sell, transfer or
    10     manufacture a firearm in this Commonwealth.
    11         (2)  (i)  A person who is prohibited from possessing,
    12         using, controlling, selling, transferring or
    13         manufacturing a firearm under paragraph (1) or subsection
    14         (b) or (c) shall have a  reasonable period of time, not
    15         to exceed 60 days from the date of the imposition of the
    16         disability under this subsection, in which to sell or
    17         transfer that person's firearms to another eligible
    18         person who is not a member of the prohibited person's
    19         household.
    20             (ii)  This paragraph shall not apply to any person
    21         whose disability is imposed pursuant to subsection
    22         (c)(6).
    23     (a.1)  Penalty.--[Any]
    24         (1)  A person convicted of a felony enumerated under
    25     subsection (b) or a felony under the act of April 14, 1972
    26     (P.L.233, No.64), known as The Controlled Substance, Drug,
    27     Device and Cosmetic Act, or any equivalent Federal statute or
    28     equivalent statute of any other state, who violates
    29     subsection (a) commits a felony of the second degree.
    30         (2)  A person who is the subject of an active protection
    20050H1717B2918                  - 4 -     

     1     from abuse order issued pursuant to 23 Pa.C.S. § 6108
     2     (relating to relief), which order provided for the
     3     relinquishment of firearms, other weapons or ammunition
     4     during the period of time the order is in effect commits a
     5     misdemeanor of the first degree if he intentionally or
     6     knowingly fails to relinquish a firearm, other weapon or
     7     ammunition to the sheriff as required by the order unless, in
     8     lieu of relinquishment, he provides an affidavit which lists
     9     the firearms, other weapons or ammunition to the sheriff in
    10     accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
    11     (relating to relinquishment for consignment sale, lawful
    12     transfer or safekeeping) or 6108.3 (relating to
    13     relinquishment to third party for safekeeping).
    14         (3)  (i)  A person commits a misdemeanor of the third
    15         degree if he intentionally or knowingly accepts
    16         possession of a firearm, other weapon or ammunition from
    17         a person he knows is the subject of an active protection
    18         from abuse order issued pursuant to 23 Pa.C.S. § 6108,
    19         which order provided for the relinquishment of the
    20         firearm, other weapon or ammunition during the period of
    21         time the order is in effect.
    22             (ii)  This paragraph shall not apply to:
    23                 (A)  a third party who accepts possession of a
    24             firearm, other weapon or ammunition relinquished
    25             pursuant to 23 Pa.C.S. § 6108.3; or
    26                 (B)  a dealer licensed pursuant to section 6113
    27             (relating to licensing of dealers) or subsequent
    28             purchaser from a dealer licensed pursuant to section
    29             6113, who accepts possession of a firearm, other
    30             weapon or ammunition relinquished pursuant to 23
    20050H1717B2918                  - 5 -     

     1             Pa.C.S. § 6108.2.
     2         (4)  It shall be an affirmative defense to any
     3     prosecution under paragraph (3) that the person accepting
     4     possession of a firearm, other weapon or ammunition in
     5     violation of paragraph (3):
     6             (i)  notified the sheriff as soon as practicable that
     7         he has taken possession; and
     8             (ii)  relinquished possession of any firearm, other
     9         weapon or ammunition possessed in violation of paragraph
    10         (3) as directed by the sheriff.
    11         (5)  A person who has accepted possession of a firearm,
    12     other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
    13     commits a misdemeanor of the first degree if he intentionally
    14     or knowingly returns a firearm, other weapon or ammunition to
    15     a defendant or intentionally or knowingly allows a defendant
    16     to have access to the firearm, other weapon or ammunition
    17     prior to either of the following:
    18             (i)  The sheriff accepts return of the safekeeping
    19         permit issued to the party pursuant to 23 Pa.C.S. §
    20         6108.3(d)(1)(i).
    21             (ii)  The issuance of a court order pursuant to
    22         subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
    23         return of relinquished firearms, other weapons or          <--
    24         ammunition) AND AMMUNITION AND ADDITIONAL RELIEF) which    <--
    25         modifies a valid protection from abuse order issued
    26         pursuant to 23 Pa.C.S. § 6108, which order provided for
    27         the relinquishment of the firearm, other weapon or
    28         ammunition, by allowing the defendant to take possession
    29         of the firearm, other weapon or ammunition that had
    30         previously been ordered relinquished.
    20050H1717B2918                  - 6 -     

     1     * * *
     2     (c)  Other persons.--In addition to any person who has been
     3  convicted of any offense listed under subsection (b), the
     4  following persons shall be subject to the prohibition of
     5  subsection (a):
     6         * * *
     7         (6)  A person who is the subject of an active protection
     8     from abuse order issued pursuant to 23 Pa.C.S. § 6108
     9     [(relating to relief)], which order provided for the
    10     [confiscation] relinquishment of firearms during the period
    11     of time the order is in effect. This prohibition shall
    12     terminate upon the expiration or vacation of an active
    13     protection from abuse order or portion thereof relating to
    14     the [confiscation] relinquishment of firearms.
    15         * * *
    16         (9)  A person who is prohibited from possessing or
    17     acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
    18     unlawful acts). If the offense which resulted in the
    19     prohibition under 18 U.S.C. § 922(g)(9) was committed, as
    20     provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
    21     definitions), by a person in any of the following
    22     relationships:
    23             (i)  the current or former spouse, parent or guardian
    24         of the victim;
    25             (ii)  a person with whom the victim shares a child in
    26         common;
    27             (iii)  a person who cohabits with or has cohabited
    28         with the victim as a spouse, parent or guardian; or
    29             (iv)  a person similarly situated to a spouse, parent
    30         or guardian of the victim;
    20050H1717B2918                  - 7 -     

     1     then the relationship need not be an element of the offense
     2     to meet the requirements of this paragraph.
     3     (d)  Exemption.--A person who has been convicted of a crime
     4  specified in subsection (a) or (b) or a person whose conduct
     5  meets the criteria in subsection (c)(1), (2), (5) [or (7)], (7)
     6  or (9) may make application to the court of common pleas of the
     7  county where the principal residence of the applicant is
     8  situated for relief from the disability imposed by this section
     9  upon the possession, transfer or control of a firearm. The court
    10  shall grant such relief if it determines that any of the
    11  following apply:
    12         (1)  The conviction has been vacated under circumstances
    13     where all appeals have been exhausted or where the right to
    14     appeal has expired.
    15         (2)  The conviction has been the subject of a full pardon
    16     by the Governor.
    17         (3)  Each of the following conditions is met:
    18             (i)  The Secretary of the Treasury of the United
    19         States has relieved the applicant of an applicable
    20         disability imposed by Federal law upon the possession,
    21         ownership or control of a firearm as a result of the
    22         applicant's prior conviction, except that the court may
    23         waive this condition if the court determines that the
    24         Congress of the United States has not appropriated
    25         sufficient funds to enable the Secretary of the Treasury
    26         to grant relief to applicants eligible for the relief.
    27             (ii)  A period of ten years, not including any time
    28         spent in incarceration, has elapsed since the most recent
    29         conviction of the applicant of a crime enumerated in
    30         subsection (b) [or], a felony violation of The Controlled
    20050H1717B2918                  - 8 -     

     1         Substance, Drug, Device and Cosmetic Act or the offense
     2         which resulted in the prohibition under 18 U.S.C. §
     3         922(g)(9).
     4     (e)  Proceedings.--
     5         (1)  If a person convicted of an offense under subsection
     6     (a), (b) or (c)(1), (2), (5) [or (7)], (7) or (9) makes
     7     application to the court, a hearing shall be held in open
     8     court to determine whether the requirements of this section
     9     have been met. The commissioner and the district attorney of
    10     the county where the application is filed and any victim or
    11     survivor of a victim of the offense upon which the disability
    12     is based may be parties to the proceeding.
    13         * * *
    14     (f)  Other exemptions and proceedings.--
    15         * * *
    16         (2)  If application is made under this subsection for
    17     relief from the disability imposed under subsection (c)(6),
    18     notice of such application shall be given to the person who
    19     had petitioned for the protection from abuse order, and such
    20     person shall be a party to the proceedings. Notice of any
    21     court order or amendment to a court order restoring firearms
    22     possession or control shall be given to the person who had
    23     petitioned for the protection from abuse order[.], to the
    24     sheriff and to the Pennsylvania State Police. The application
    25     and any proceedings on the application shall comply with 23
    26     Pa.C.S. Ch. 61 (relating to abuse of family PROTECTION FROM    <--
    27     ABUSE).
    28         * * *
    29         (4)  (i)  The owner of any seized or confiscated firearms
    30         or of any firearms ordered relinquished under 23 Pa.C.S.
    20050H1717B2918                  - 9 -     

     1         § 6108 shall be provided with a signed and dated written
     2         receipt by the appropriate law enforcement agency. This
     3         receipt shall include, but not limited to, a detailed
     4         identifying description indicating the serial number and
     5         condition of the firearm. In addition, the appropriate
     6         law enforcement agency shall be liable to the lawful
     7         owner of said confiscated [or], seized or relinquished
     8         firearm for any loss, damage or substantial decrease in
     9         value of said firearm that is a direct result of a lack
    10         of reasonable care by the appropriate law enforcement
    11         agency.
    12             (ii)  Firearms shall not be engraved or permanently
    13         marked in any manner, including, but not limited to,
    14         engraving of evidence or other identification numbers.
    15         Unless reasonable suspicion exists to believe that a
    16         particular firearm has been used in the commission of a
    17         crime, no firearm shall be test fired. Any reduction in
    18         the value of a firearm due to test firing, engraving or
    19         permanently marking in violation of this paragraph shall
    20         be considered damage and the law enforcement agency shall
    21         be liable to the lawful owner of the firearm for the
    22         reduction in value caused by the test firing, engraving
    23         or permanently marking.
    24             (iii)  For purposes of this paragraph, the term
    25         "firearm" shall include any scope, sight, bipod, sling,
    26         light, magazine, clip, ammunition or other firearm
    27         accessory attached to or seized, confiscated or
    28         relinquished with a firearm.
    29     * * *
    30     Section 3.  Sections 6106(b) and 6109(c), (d), (e), (h), (i)
    20050H1717B2918                 - 10 -     

     1  and (k) of Title 18 are amended and the sections are amended by
     2  adding subsections to read:
     3  § 6106.  Firearms not to be carried without a license.
     4     * * *
     5     (b)  Exceptions.--The provisions of subsection (a) shall not
     6  apply to:
     7         (1)  Constables, sheriffs, prison or jail wardens, or
     8     their deputies, policemen of this Commonwealth or its
     9     political subdivisions, or other law-enforcement officers.
    10         (2)  Members of the army, navy [or], marine corps, air
    11     force or coast guard of the United States or of the National
    12     Guard or organized reserves when on duty.
    13         (3)  The regularly enrolled members of any organization
    14     duly organized to purchase or receive such [weapons] firearms
    15     from the United States or from this Commonwealth.
    16         (4)  Any persons engaged in target shooting with [rifle,
    17     pistol, or revolver] a firearm, if such persons are at or are
    18     going to or from their places of assembly or target practice
    19     and if, while going to or from their places of assembly or
    20     target practice, [the cartridges or shells are carried in a
    21     separate container and the rifle, pistol or revolver is
    22     unloaded] the firearm is not loaded.
    23         (5)  Officers or employees of the United States duly
    24     authorized to carry a concealed firearm.
    25         (6)  Agents, messengers and other employees of common
    26     carriers, banks, or business firms, whose duties require them
    27     to protect moneys, valuables and other property in the
    28     discharge of such duties.
    29         (7)  Any person engaged in the business of manufacturing,
    30     repairing, or dealing in firearms, or the agent or
    20050H1717B2918                 - 11 -     

     1     representative of any such person, having in his possession,
     2     using or carrying a firearm in the usual or ordinary course
     3     of such business.
     4         (8)  Any person while carrying a firearm [unloaded and]
     5     which is not loaded and is in a secure wrapper from the place
     6     of purchase to his home or place of business, or to a place
     7     of repair, sale or appraisal or back to his home or place of
     8     business, or in moving from one place of abode or business to
     9     another or from his home to a vacation or recreational home
    10     or dwelling or back, or to recover stolen property under
    11     section 6111.1(b)(4) (relating to Pennsylvania State Police),
    12     or to a place of instruction intended to teach the safe
    13     handling, use or maintenance of firearms or back or to a
    14     location to which the person has been directed to [surrender]
    15     relinquish firearms under 23 Pa.C.S. § 6108 (relating to
    16     relief) or back upon return of the [surrendered firearm.]
    17     relinquished firearm or to a licensed dealer's place of
    18     business for relinquishment pursuant to 23 Pa.C.S § 6108.2
    19     (relating to relinquishment for consignment sale, lawful
    20     transfer or safekeeping) or back upon return of the
    21     relinquished firearm or to a location for safekeeping
    22     pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
    23     to third party for safekeeping) or back upon return of the
    24     relinquished firearm.
    25         (9)  Persons licensed to hunt, take furbearers or fish in
    26     this Commonwealth, if such persons are actually hunting,
    27     taking furbearers or fishing as permitted by such license, or
    28     are going to the places where they desire to hunt, take
    29     furbearers or fish or returning from such places.
    30         (10)  Persons training dogs, if such persons are actually
    20050H1717B2918                 - 12 -     

     1     training dogs during the regular training season.
     2         (11)  Any person while carrying a firearm in any vehicle,
     3     which person possesses a valid and lawfully issued license
     4     for that firearm which has been issued under the laws of the
     5     United States or any other state.
     6         (12)  A person who has a lawfully issued license to carry
     7     a firearm pursuant to section 6109 (relating to licenses) and
     8     that said license expired within six months prior to the date
     9     of arrest and that the individual is otherwise eligible for
    10     renewal of the license.
    11         (13)  Any person who is otherwise eligible to possess a
    12     firearm under this chapter and who is operating a motor
    13     vehicle which is registered in the person's name or the name
    14     of a spouse or parent and which contains a firearm for which
    15     a valid license has been issued pursuant to section 6109 to
    16     the spouse or parent owning the firearm.
    17         (14)  A person lawfully engaged in the interstate
    18     transportation of a firearm as defined under 18 U.S.C §
    19     921(a)(3) (relating to definitions) in compliance with 18
    20     U.S.C. § 926A (relating to interstate transportation of
    21     firearms).
    22         (15)  Any person who possesses a valid and lawfully
    23     issued license or permit to carry a firearm which has been
    24     issued under the laws of another state or jurisdiction,        <--
    25     regardless of whether a reciprocity agreement exists between
    26     the Commonwealth and the state or jurisdiction under section   <--
    27     6109(k), provided:
    28             (i)  The state or jurisdiction provides a reciprocal   <--
    29         privilege for individuals licensed to carry firearms
    30         under section 6109.
    20050H1717B2918                 - 13 -     

     1             (ii)  The Attorney General has determined that the
     2         firearm laws of the state or jurisdiction are similar to   <--
     3         the firearm laws of this Commonwealth.
     4     * * *
     5     (e)  Definitions.--
     6         (1)  For purposes of subsection (b)(3), (4), (5), (7) and
     7     (8), the term "firearm" shall include any weapon which is
     8     designed to or may readily be converted to expel any
     9     projectile by the action of an explosive or the frame or
    10     receiver of the weapon.
    11         (2)  As used in this section, the phrase "place of
    12     instruction" shall include any hunting club, rifle club,
    13     rifle range, pistol range, shooting range, the premises of a
    14     licensed firearms dealer or a lawful gun show or meet.
    15  § 6109.  Licenses.
    16     * * *
    17     (c)  Form of application and content.--The application for a
    18  license to carry a firearm shall be uniform throughout this
    19  Commonwealth and shall be on a form prescribed by the
    20  Pennsylvania State Police. The form may contain provisions, not
    21  exceeding one page, to assure compliance with this section.
    22  Issuing authorities shall use only the application form
    23  prescribed by the Pennsylvania State Police. One of the
    24  following reasons for obtaining a firearm license shall be set
    25  forth in the application: self-defense, employment, hunting and
    26  fishing, target shooting, gun collecting or another proper
    27  reason. The application form shall be dated and signed by the
    28  applicant and shall contain the following statement:
    29         I have never been convicted of a crime [of violence in
    30         the Commonwealth of Pennsylvania or elsewhere] that
    20050H1717B2918                 - 14 -     

     1         prohibits me from possessing or acquiring a firearm under
     2         Federal or State law. I am of sound mind and have never
     3         been committed to a mental institution. I hereby certify
     4         that the statements contained herein are true and correct
     5         to the best of my knowledge and belief. I understand
     6         that, if I knowingly make any false statements herein, I
     7         am subject to penalties prescribed by law. I authorize
     8         the sheriff, or his designee, or, in the case of first
     9         class cities, the chief or head of the police department,
    10         or his designee, to inspect only those records or
    11         documents relevant to information required for this
    12         application. If I am issued a license and knowingly
    13         become ineligible to legally possess or acquire firearms,
    14         I will promptly notify the sheriff of the county in which
    15         I reside or, if I reside in a city of the first class,
    16         the chief of police of that city.
    17     (d)  Sheriff to conduct investigation.--The sheriff to whom
    18  the application is made shall:
    19         (1)   investigate the applicant's record of criminal
    20     [convictions, shall] conviction;
    21         (2)  investigate whether or not the applicant is under
    22     indictment for or has ever been convicted of a crime
    23     punishable by imprisonment exceeding one year[, shall];
    24         (3)  investigate whether the applicant's character and
    25     reputation are such that the applicant will not be likely to
    26     act in a manner dangerous to public safety [and shall];
    27         (4)  investigate whether the applicant would be precluded
    28     from receiving a license under subsection (e)(1) or section
    29     6105(h) (relating to persons not to possess, use,
    30     manufacture, control, sell or transfer firearms) [and shall];
    20050H1717B2918                 - 15 -     

     1     and
     2         (5)  conduct a criminal background, juvenile delinquency
     3     [or mental health check following the procedures set forth in
     4     section 6111 (relating to firearm ownership)] and mental
     5     health check following the procedures set forth in section
     6     6111 (relating to sale or transfer of firearms), receive a
     7     unique approval number for that inquiry and record the date
     8     and number on the application.
     9     (e)  Issuance of license.--
    10         (1)  A license to carry a firearm shall be for the
    11     purpose of carrying a firearm concealed on or about one's
    12     person or in a vehicle and shall be issued if, after an
    13     investigation not to exceed 45 days, it appears that the
    14     applicant is an individual concerning whom no good cause
    15     exists to deny the license. A license shall not be issued to
    16     any of the following:
    17             (i)  An individual whose character and reputation is
    18         such that the individual would be likely to act in a
    19         manner dangerous to public safety.
    20             (ii)  An individual who has been convicted of an
    21         offense under the act of April 14, 1972 (P.L.233, No.64),
    22         known as The Controlled Substance, Drug, Device and
    23         Cosmetic Act.
    24             (iii)  An individual convicted of a crime enumerated
    25         in section 6105.
    26             (iv)  An individual who, within the past ten years,
    27         has been adjudicated delinquent for a crime enumerated in
    28         section 6105 or for an offense under The Controlled
    29         Substance, Drug, Device and Cosmetic Act.
    30             (v)  An individual who is not of sound mind or who
    20050H1717B2918                 - 16 -     

     1         has ever been committed to a mental institution.
     2             (vi)  An individual who is addicted to or is an
     3         unlawful user of marijuana or a stimulant, depressant or
     4         narcotic drug.
     5             (vii)  An individual who is a habitual drunkard.
     6             (viii)  An individual who is charged with or has been
     7         convicted of a crime punishable by imprisonment for a
     8         term exceeding one year except as provided for in section
     9         6123 (relating to waiver of disability or pardons).
    10             (ix)  A resident of another state who does not
    11         possess a current license or permit or similar document
    12         to carry a firearm issued by that state if a license is
    13         provided for by the laws of that state, as published
    14         annually in the Federal Register by the Bureau of
    15         Alcohol, Tobacco and Firearms of the Department of the
    16         Treasury under 18 U.S.C. § 921(a)(19) (relating to
    17         definitions).
    18             (x)  An alien who is illegally in the United States.
    19             (xi)  An individual who has been discharged from the
    20         armed forces of the United States under dishonorable
    21         conditions.
    22             (xii)  An individual who is a fugitive from justice.
    23         This subparagraph does not apply to an individual whose
    24         fugitive status is based upon nonmoving or moving summary
    25         offense under Title 75 (relating to vehicles).
    26             (xiii)  An individual who is otherwise prohibited
    27         from possessing, using, manufacturing, controlling,
    28         purchasing, selling or transferring a firearm as provided
    29         by section 6105.
    30             (xiv)  An individual who is prohibited from
    20050H1717B2918                 - 17 -     

     1         possessing or acquiring a firearm under the statutes of
     2         the United States.
     3         (3)  The license [shall bear the] to carry a firearm
     4     shall be designed to be uniform throughout this Commonwealth
     5     and shall be in a form prescribed by the Pennsylvania State
     6     Police. The license shall bear the following:
     7             (i)  The name, address, date of birth, race, sex,
     8         citizenship, [Social Security number,] height, weight,
     9         color of hair, color of eyes and signature of the
    10         licensee[; the].
    11             (ii)  The signature of the sheriff issuing the
    12         license[; the].
    13             (iii)  A license number of which the first two
    14         numbers shall be a county location code followed by
    15         numbers issued in numerical sequence.
    16             (iv)  The point-of-contact telephone number
    17         designated by the Pennsylvania State Police under
    18         subsection (l).
    19             (v)  The reason for issuance[; and the].
    20             (vi)  The period of validation.
    21         (4)  The sheriff [may also] shall require a photograph of
    22     the licensee on the license. The photograph shall be in a
    23     form compatible with the Commonwealth Photo Imaging Network.
    24         (5)  The original license shall be issued to the
    25     applicant. The first copy of the license shall be forwarded
    26     to the [commissioner] Pennsylvania State Police within seven
    27     days of the date of issue[, and a]. THE second copy shall be   <--
    28     retained by the issuing authority for a period of [six
    29     years.] seven years. Except pursuant to court order, both
    30     copies and the application shall, at the end of the seven-
    20050H1717B2918                 - 18 -     

     1     year period, be destroyed unless the license has been renewed
     2     within the seven-year period.
     3     * * *
     4     (h)  Fee.--[The]
     5         (1)  In addition to fees described in paragraphs (2)(ii)
     6     and (3), the fee for a license to carry a firearm is $19.
     7     This includes [a] all of the following:
     8             (i)  A renewal notice processing fee of $1.50. [This
     9         includes an]
    10             (ii)  An administrative fee of $5 under section 14(2)
    11         of the act of July 6, 1984 (P.L.614, No.127), known as
    12         the Sheriff Fee Act.
    13         (2)  (i)  The Pennsylvania Commission on Crime and
    14         Delinquency shall design and develop IMPLEMENT, within     <--
    15         five years of the effective date of this paragraph, a
    16         system in conjunction with the Pennsylvania State Police
    17         and the Pennsylvania Sheriffs' Association to standardize
    18         and modernize the process of issuing licenses to carry
    19         firearms. Upon adoption IMPLEMENTATION of the system       <--
    20         under this paragraph, the Pennsylvania Commission on
    21         Crime and Delinquency shall publish notice thereof in the
    22         Pennsylvania Bulletin.
    23             (ii)  A AN ADDITIONAL temporary fee of $5 shall be     <--
    24         remitted by the sheriff to the Firearms License to Carry
    25         Modernization Account, which is hereby established as a
    26         special restricted receipt account within the General
    27         Fund of the State Treasury. Moneys and investment income
    28         in the account shall be awarded as grants to sheriffs to
    29         implement the system designed and developed under this     <--
    30         paragraph, including grants to reimburse sheriffs for
    20050H1717B2918                 - 19 -     

     1         expenses incurred prior to the effective date of this
     2         paragraph.
     3             (iii)  Moneys credited to the account and any
     4         investment income accrued are hereby appropriated on a
     5         continuing basis to the Pennsylvania Commission on Crime
     6         and Delinquency. The commission shall administer the       <--
     7         account and establish procedures related to the
     8         application process for, and distribution of funds to,
     9         sheriffs under this paragraph. Notwithstanding the
    10         provisions of subparagraph (ii), the commission may
    11         withhold annually an amount not exceeding 5% of the funds
    12         credited to the account in that fiscal year for THE COST   <--
    13         TO IMPLEMENT THE SYSTEM UNDER SUBPARAGRAPH (I) AND FOR
    14         administrative costs directly related to the
    15         responsibilities of the commission under this paragraph.   <--
    16         including costs incurred in administering the account.     <--
    17             (iv)  This paragraph shall expire five years after
    18         its effective date. Any surplus funds remaining in the
    19         account established in subparagraph (ii) at such time
    20         shall lapse into the General Fund.
    21         (3)  A fee of $1 shall be AN ADDITIONAL FEE OF $1 SHALL    <--
    22     BE PAID BY THE APPLICANT FOR A LICENSE TO CARRY A FIREARM AND
    23     SHALL BE remitted by the sheriff to the Firearms License
    24     Validation System Account, which is hereby established as a
    25     special restricted receipt account within the General Fund of
    26     the State Treasury. The account shall be administered by the   <--
    27     Pennsylvania State Police and used for purposes under
    28     subsection (l). Moneys credited to the account and any
    29     investment income accrued are hereby appropriated on a
    30     continuing basis to the Pennsylvania State Police.
    20050H1717B2918                 - 20 -     

     1         (4)  No fee other than that provided by this [paragraph]
     2     subsection or the Sheriff Fee Act may be assessed by the
     3     sheriff for the performance of any background check made
     4     pursuant to this act.
     5         (5)  The fee is payable to the sheriff to whom the
     6     application is submitted and is payable at the time of
     7     application for the license.
     8         (6)  Except for the administrative fee of $5 under
     9     section 14(2) of the Sheriff Fee Act, all other fees shall be
    10     refunded if the application is denied but shall not be
    11     refunded if a license is issued and subsequently revoked.
    12         (7)  A person who sells or attempts to sell a license to
    13     carry a firearm for a fee in excess of the amounts fixed
    14     under this subsection commits a summary offense.
    15     (i)  Revocation.--A license to carry firearms may be revoked
    16  by the issuing authority for good cause. A license to carry
    17  firearms shall be revoked by the issuing authority for any
    18  reason stated in subsection (e)(1) which occurs during the term
    19  of the permit. Notice of revocation shall be in writing and
    20  shall state the specific reason for revocation. Notice shall be
    21  sent by certified mail to the individual whose license is
    22  revoked, and, at that time, [a copy shall be forwarded to the
    23  commissioner.] notice shall also be provided to the Pennsylvania
    24  State Police, by electronic means, including e-mail or facsimile
    25  transmission, that the license is no longer valid. An individual
    26  whose license is revoked shall surrender the license to the
    27  issuing authority within five days of receipt of the notice. An
    28  individual whose license is revoked may appeal to the court of
    29  common pleas for the judicial district in which the individual
    30  resides. An individual who violates this section commits a
    20050H1717B2918                 - 21 -     

     1  summary offense.
     2     (i.1)  Notice to sheriff.--Notwithstanding any statute to the
     3  contrary:
     4         (1)  Upon conviction of a person for a crime specified in
     5     section 6105(a) or (b) or upon conviction of a person for a
     6     crime punishable by imprisonment exceeding one year or upon a
     7     determination that the conduct of a person meets the criteria
     8     specified in section 6105(c)(1), (2), (3), (5) or (6), a       <--
     9     judge of the court of common pleas shall, (6) OR (9), THE      <--
    10     COURT SHALL DETERMINE IF THE DEFENDANT HAS A LICENSE TO CARRY
    11     FIREARMS ISSUED PURSUANT TO THIS SECTION. IF THE DEFENDANT
    12     HAS SUCH A LICENSE, THE COURT SHALL notify the sheriff of the
    13     county in which that person resides, on a form developed by
    14     the Pennsylvania State Police, of the identity of the person
    15     and the nature of the crime or conduct which resulted in the
    16     notification. The notification shall be transmitted by the
    17     judge within seven days of the conviction or determination.
    18         (2)  Upon adjudication that a person is incompetent or
    19     upon the involuntary commitment of a person to a mental
    20     institution for inpatient care and treatment under the act of
    21     July 9, 1976 (P.L.817, No.143), known as the Mental Health
    22     Procedures Act, or upon involuntary treatment of a person as
    23     described under section 6105(c)(4), the judge of the court of
    24     common pleas, mental health review officer or county mental
    25     health and mental retardation administrator shall notify the
    26     sheriff of the county in which that person resides, on a form
    27     developed by the Pennsylvania State Police, of the identity
    28     of the person who has been adjudicated, committed or treated
    29     and the nature of the adjudication, commitment or treatment.
    30     The notification shall be transmitted by the judge, mental
    20050H1717B2918                 - 22 -     

     1     health review officer or county mental health and mental
     2     retardation administrator within seven days of the
     3     adjudication, commitment or treatment.
     4     * * *
     5     (k)  Reciprocity.--
     6         (1)  The Attorney General [may] shall have the power and
     7     duty to enter into reciprocity agreements with other states
     8     or jurisdictions providing for the mutual recognition of       <--
     9     [each state's license to carry a firearm.] a license to carry
    10     a firearm issued by the Commonwealth and a license or permit
    11     to carry a firearm issued by the other state or jurisdiction.  <--
    12     To carry out this duty, the Attorney General is authorized to
    13     negotiate reciprocity agreements and grant recognition of a
    14     license or permit to carry a firearm issued by another state
    15     or jurisdiction.                                               <--
    16         (2)  The Attorney General shall report to the General
    17     Assembly within 180 days of the effective date of this
    18     paragraph and annually thereafter concerning the agreements
    19     which have been consummated under this subsection.
    20     (l)  Firearms License Validation System.--
    21         (1)  The Pennsylvania State Police shall establish a
    22     nationwide toll-free telephone number, known as the Firearms
    23     License Validation System, which shall be operational seven
    24     days a week, 24 hours per day, for the purpose of responding
    25     to law enforcement inquiries regarding the validity of any
    26     Pennsylvania license to carry a firearm.
    27         (2)  Notwithstanding any other law regarding the
    28     confidentiality of information, inquiries to the Firearms
    29     License Validation System regarding the validity of any
    30     Pennsylvania license to carry a firearm may only be made by
    20050H1717B2918                 - 23 -     

     1     law enforcement personnel acting within the scope of their
     2     official duties.
     3         (3)  Law enforcement personnel outside this Commonwealth
     4     shall provide their originating agency identifier number and
     5     the license number of the license to carry a firearm which is
     6     the subject of the inquiry.
     7         (4)  Responses to inquiries by law enforcement personnel
     8     outside this Commonwealth shall be limited to the name of the
     9     licensee, the validity of the license and any information
    10     which may be provided to a criminal justice agency pursuant
    11     to Chapter 91 (relating to criminal history record
    12     information).
    13     (m)  Inquiries.--
    14         (1)  The Attorney General shall, not later than one year
    15     after the effective date of this subsection and not less than
    16     once annually, contact in writing the appropriate authorities
    17     in any other state or jurisdiction which does not have a       <--
    18     current reciprocity agreement with the Commonwealth to
    19     determine if:
    20             (i)  the state or jurisdiction will negotiate a        <--
    21         reciprocity agreement;
    22             (ii)  a licensee may carry a concealed firearm in the
    23         state or jurisdiction; or                                  <--
    24             (iii)  a licensee may apply for a license or permit
    25         to carry a firearm issued by the state or jurisdiction.    <--
    26         (2)  The Attorney General shall maintain a current list
    27     of those states and jurisdictions which have a reciprocity     <--
    28     agreement with the Commonwealth, those states and              <--
    29     jurisdictions which allow licensees to carry a concealed
    30     firearm and those states and jurisdictions which allow         <--
    20050H1717B2918                 - 24 -     

     1     licensees to apply for a license or permit to carry a
     2     firearm. This list shall be posted on the Internet, provided
     3     to the Pennsylvania State Police and made available to the
     4     public upon request.
     5     (n)  Definition.--As used in this section, the term
     6  "licensee" means an individual who is licensed to carry a
     7  firearm under this section.
     8     Section 4.  Section 6115(b) of Title 18 is amended by adding
     9  a paragraph to read:
    10  § 6115.  Loans on, or lending or giving firearms prohibited.
    11     * * *
    12     (b)  Exception.--
    13         * * *
    14         (4)  Nothing in this section shall prohibit the
    15     relinquishment of firearms to a third party in accordance
    16     with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third
    17     party for safekeeping).
    18     Section 5.  The definitions of "confidential communications"
    19  and "hearing officer" in section 6102(a) of Title 23, amended     <--
    20  November 30, 2004 (P.L.1618, No.207), are amended and the
    21  section is amended by adding definitions to read:
    22  § 6102.  Definitions.
    23     (a)  General rule.--The following words and phrases when used
    24  in this chapter shall have the meanings given to them in this
    25  section unless the context clearly indicates otherwise:
    26     * * *
    27     "Confidential communications."  All information, whether
    28  written or spoken, transmitted between a victim and a domestic
    29  violence counselor or advocate in the course of the
    30  relationship. The term includes information received or given by
    20050H1717B2918                 - 25 -     

     1  the domestic violence counselor or advocate in the course of the
     2  relationship, as well as advice, reports, statistical data,
     3  memoranda or working papers, records or the like, given or made
     4  in the course of the relationship. The term also includes
     5  communications made by or to a linguistic interpreter assisting
     6  the victim, counselor or advocate in the course of the
     7  relationship.
     8     * * *
     9     "Firearm."  Any weapon which is designed to or may readily be
    10  converted to expel any projectile by the action of an explosive
    11  or the frame or receiver of any such weapon as defined by 18
    12  Pa.C.S. § 6105(i) (relating to persons not to possess, use,
    13  manufacture, control, sell or transfer firearms).
    14     * * *
    15     "Hearing officer."  A magisterial district judge, judge of
    16  the Philadelphia Municipal Court, bail commissioner appointed
    17  under 42 Pa.C.S. § 1123 (relating to jurisdiction and venue)
    18  [and], master appointed under 42 Pa.C.S. § 1126 (relating to
    19  masters) and master for emergency relief.
    20     "Master for emergency relief."  A member of the bar of the
    21  Commonwealth appointed under section 6110(e) (relating to
    22  emergency relief by minor judiciary).
    23     * * *
    24     "OTHER WEAPON."  ANYTHING READILY CAPABLE OF LETHAL USE AND    <--
    25  POSSESSED UNDER CIRCUMSTANCES NOT MANIFESTLY APPROPRIATE FOR
    26  LAWFUL USES WHICH IT MAY HAVE. THE TERM DOES NOT INCLUDE A
    27  FIREARM.
    28     "Safekeeping permit."  A permit issued by a sheriff allowing
    29  a person to take possession of any firearm, other weapon or
    30  ammunition that a judge ordered a defendant to relinquish in a
    20050H1717B2918                 - 26 -     

     1  protection from abuse proceeding.
     2     * * *
     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     * * *
     9     "Weapon."  Anything readily capable of lethal use and
    10  possessed under circumstances not manifestly appropriate for
    11  lawful uses which it may have. The term includes a firearm which
    12  is not loaded or lacks a magazine, clip or other components to
    13  render it immediately operable and components which can readily
    14  be assembled into a weapon as defined by 18 Pa.C.S. § 907
    15  (relating to possessing instruments of crime).
    16     * * *
    17     Section 6.  Sections 6103, 6104(d) and 6105(e) of Title 23
    18  are amended to read:
    19  § 6103.  [Effect of departure to avoid abuse.] Jurisdiction.
    20     (a)  General rule.--The court shall have jurisdiction over
    21  all proceedings under this chapter. [The right of plaintiff to
    22  relief under this chapter shall not be affected by plaintiff
    23  leaving the residence or household to avoid further abuse.]
    24     (b)  Effect of departure and nonresidence.--The right of the
    25  plaintiff to relief under this chapter shall not be affected by
    26  either of the following:
    27         (1)  The plaintiff's leaving the residence or household
    28     to avoid further abuse.
    29         (2)  The defendant's absence from this Commonwealth or
    30     the defendant's nonresidence in this Commonwealth, provided
    20050H1717B2918                 - 27 -     

     1     that the court has personal jurisdiction over the defendant
     2     in accordance with 42 Pa.C.S. § 5322 (relating to bases of
     3     personal jurisdiction over persons outside this
     4     Commonwealth).
     5  § 6104.  Full faith and credit and foreign protection orders.
     6     * * *
     7     (d)  Filing a foreign protection order.--A plaintiff may file
     8  a certified copy of a foreign protection order with the
     9  prothonotary in any county within this Commonwealth where the
    10  plaintiff believes enforcement may be necessary. The following
    11  provisions shall apply:
    12         (1)  [Filing of a foreign protection order shall be
    13     without fee or cost.] No costs or fees associated with filing
    14     a foreign protection order shall be assigned to the
    15     plaintiff, including the cost of obtaining certified copies
    16     of the order. Costs and fees associated with filing a foreign
    17     protection order may be assessed against the defendant.
    18         (2)  Upon filing of a foreign protection order, a
    19     prothonotary shall transmit, in a manner prescribed by the
    20     Pennsylvania State Police, a copy of the order to the
    21     Pennsylvania State Police registry of protection orders.
    22         (3)  Filing of a foreign protection order shall not be a
    23     prerequisite for service and enforcement.
    24     * * *
    25  § 6105.  Responsibilities of law enforcement agencies.
    26     * * *
    27     (e)  Statewide registry.--
    28         (1)  The Pennsylvania State Police shall establish a
    29     Statewide registry of protection orders and shall maintain a
    30     complete and systematic record and index of all valid
    20050H1717B2918                 - 28 -     

     1     temporary and final court orders of protection, court-
     2     approved consent agreements and a foreign protection order
     3     filed pursuant to section 6104(d) (relating to full faith and
     4     credit and foreign protection orders). The Statewide registry
     5     shall include, but need not be limited to, the following:
     6             (i)  The names of the plaintiff and any protected
     7         parties.
     8             (ii)  The name and address of the defendant.
     9             (iii)  The relationship between the plaintiff and
    10         defendant.
    11             [(iii)] (iv)  The date the order was entered.
    12             [(iv)] (v)  The date the order expires.
    13             [(v)] (vi)  The relief granted under sections
    14         6108(a)(1), (2), (4), (6) and (7) (relating to relief)
    15         and 6110(a) (relating to emergency relief by minor
    16         judiciary).
    17             [(vi)] (vii)  The judicial district in which the
    18         order was entered.
    19             [(vii)] (viii)  Where furnished, the Social Security
    20         number and date of birth of the defendant.
    21             (ix)  Whether or not any or all firearms, other
    22         weapons or ammunition were ordered relinquished.
    23         (2)  The prothonotary shall send, on a form prescribed by
    24     the Pennsylvania State Police, a copy of the protection order
    25     or approved consent agreement to the Statewide registry of
    26     protection orders so that it is received within 24 hours of
    27     the entry of the order. Likewise, amendments to or revocation
    28     of an order shall be transmitted by the prothonotary within
    29     24 hours of the entry of the order for modification or
    30     revocation. The Pennsylvania State Police shall enter orders,
    20050H1717B2918                 - 29 -     

     1     amendments and revocations in the Statewide registry of
     2     protection orders within eight hours of receipt. Vacated or
     3     expired orders shall be purged from the registry.
     4         (3)  The registry of the Pennsylvania State Police shall
     5     be available at all times to inform courts, dispatchers and
     6     law enforcement officers of any valid protection order
     7     involving any defendant.
     8         (4)  When an order granting relief under section
     9     6108(a)(7) has been entered by a court, such information
    10     shall be available to the Pennsylvania State Police for the
    11     purpose of conducting a criminal history records check in
    12     compliance with the applicable provisions of 18 Pa.C.S. Ch.
    13     61 Subch. A (relating to Uniform Firearms Act).
    14         (5)  Information contained in the Statewide registry
    15     shall not be subject to access under the act of June 21, 1957
    16     (P.L.390, No.212), referred to as the Right-to-Know Law.
    17     * * *
    18     Section 7.  Section 6106(b), (c), (d), (g) and (g.1) of Title
    19  23 are amended and the section is amended by adding subsections
    20  to read:
    21  § 6106.  Commencement of proceedings.
    22     * * *
    23     (a.2)  Notification of defendant's occupation.--The plaintiff
    24  shall notify the court if the plaintiff has reason to believe
    25  that the defendant is a licensed firearms dealer, is employed by
    26  a licensed firearms dealer or manufacturer, is employed as a
    27  writer, researcher or technician in the firearms or hunting
    28  industry or is required to carry a firearm as a condition of
    29  employment.
    30     (b)  [No prepayment of fees.--The petition shall be filed and
    20050H1717B2918                 - 30 -     

     1  service shall be made without prepayment of fees.] Plaintiff
     2  fees not permitted.--No plaintiff seeking relief under this
     3  chapter shall be charged any fees or costs associated with the
     4  filing, issuance, registration or service of a petition, motion,
     5  complaint, order or any other filing. Prohibited fees or costs
     6  shall include, but are not limited to, those associated with
     7  modifying, withdrawing, dismissing or certifying copies of a
     8  petition, motion, complaint, order or any other filing, as well
     9  as any judicial surcharge or computer system fee. No plaintiff
    10  seeking relief under this chapter shall be charged any fees or
    11  costs associated with filing a motion for reconsideration or an
    12  appeal from any order or action taken pursuant to this chapter.
    13  Nothing in this subsection is intended to expand or diminish the
    14  court's authority to enter an order pursuant to Pa.R.C.P. No.
    15  1023.1 (relating to Scope. Signing of Documents. Representations
    16  to the Court. Violation).
    17     (c)  Assessment of fees and costs[.--If the plaintiff
    18  prevails in the action] against the defendant.--When an order is
    19  granted pursuant to this chapter, fees and costs shall be
    20  [assigned to] assessed against the defendant.[, or, should the
    21  court determine that the defendant is not able to pay the costs
    22  of filing and service, the court shall waive fees and costs. If
    23  the plaintiff does not prevail, costs of filing and service may
    24  be assigned to the plaintiff or, should the court determine that
    25  the plaintiff is not able to pay the costs of filing and
    26  service, the] The court shall waive fees and costs[.] upon a
    27  showing of good cause or when the court makes a finding that the
    28  defendant is not able to pay the costs. Nothing in this
    29  subsection is intended to expand or diminish the court's
    30  authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.
    20050H1717B2918                 - 31 -     

     1     (d)  Surcharge on order.--When a protection order is granted
     2  under section 6107(a) (relating to hearings), other than
     3  pursuant to an agreement of the parties, a surcharge of [$25]
     4  $100 shall be assessed against the defendant. All moneys
     5  received from surcharges shall [be forwarded to the Commonwealth
     6  and shall be used by the Pennsylvania State Police to establish
     7  and maintain the Statewide registry of protection orders
     8  provided for in section 6105 (relating to responsibilities of
     9  law enforcement agencies).] be distributed in the following
    10  order of priority:
    11         (1)  $25 shall be forwarded to the Commonwealth and shall
    12     be used by APPROPRIATED TO the Pennsylvania State Police to    <--
    13     establish and maintain the Statewide registry of protection
    14     orders provided for in section 6105.
    15         (2)  $50 shall be retained by the county and shall be
    16     used to carry out the provisions of this chapter as follows:
    17             (i)  $25 shall be used by the sheriff.
    18             (ii)  $25 shall be used by the court.
    19         (3)  $25 shall be forwarded to the Department of Public
    20     Welfare for use for victims of domestic violence in
    21     accordance with the provisions of section 2333 of the act of
    22     April 9, 1929 (P.L.177, No.175), known as The Administrative
    23     Code of 1929.
    24     (d.1)  Limitation.--The surcharge allocated under subsection
    25  (d)(2)(i) (D)(1) and (3) shall be used to supplement and not to   <--
    26  supplant any other source of funds received for the purpose of
    27  carrying out the provisions of this chapter.
    28     * * *
    29     (g)  Service of petition and orders.--The petition and orders
    30  shall be served upon the defendant, and orders shall be served
    20050H1717B2918                 - 32 -     

     1  upon the police departments and sheriff with appropriate
     2  jurisdiction to enforce the orders. Orders shall be promptly
     3  served on the police and sheriff. Failure to serve shall not
     4  stay the effect of a valid order.
     5     (g.1)  Service of original process of a foreign protection
     6  order.--[There shall be no prepayment of fees for service of
     7  original process of a foreign protection order.] No plaintiff or
     8  petitioner shall be charged any costs or fees associated with
     9  the service of original process of a foreign protection order.
    10  Costs or fees associated with the service of original process of
    11  a foreign protection order may be assessed against the
    12  defendant.
    13     * * *
    14     Section 8.  Sections 6107(a) and (b) and 6108 of Title 23 are
    15  amended to read:
    16  § 6107.  Hearings.
    17     (a)  General rule.--Within ten business days of the filing of
    18  a petition under this chapter, a hearing shall be held before
    19  the court, at which the plaintiff must prove the allegation of
    20  abuse by a preponderance of the evidence. The court shall, at
    21  the time the defendant is given notice of the hearing, advise
    22  the defendant of the right to be represented by counsel, of the
    23  possibility that any firearm, other weapon or ammunition owned
    24  and any firearm license possessed may be ordered temporarily
    25  relinquished, OF THE OPTIONS FOR RELINQUISHMENT OF A FIREARM      <--
    26  PURSUANT TO THIS CHAPTER, of the possibility that Federal law
    27  may prohibit the possession of firearms, including an
    28  explanation of 18 U.S.C. § 922(g)(8) (relating to unlawful acts)
    29  and [of the fact] that any protection order granted by a court
    30  may be considered in any subsequent proceedings under this
    20050H1717B2918                 - 33 -     

     1  title. This notice shall be printed and delivered in a manner
     2  which easily attracts attention to its content and shall specify
     3  that child custody is one of the proceedings where prior
     4  protection orders may be considered.
     5     (b)  Temporary orders.--
     6         (1)  If a plaintiff petitions for temporary order for
     7     protection from abuse and alleges immediate and present
     8     danger of abuse to the plaintiff or minor children, the court
     9     shall conduct an ex parte proceeding.
    10         (2)  The court may enter such a temporary order as it
    11     deems necessary to protect the plaintiff or minor children
    12     when it finds they are in immediate and present danger of
    13     abuse. The order shall remain in effect until modified or
    14     terminated by the court after notice and hearing. [Any order
    15     issued under this section shall, where furnished by the
    16     plaintiff, specify the Social Security number and date of
    17     birth of the defendant.]
    18         (3)  In addition to any other relief, the court may,
    19     pursuant to section 6108 (relating to relief), direct that
    20     the defendant temporarily relinquish to the sheriff any
    21     firearms, other weapons or ammunition for the duration of the
    22     temporary order if the petition demonstrates any of the
    23     following:
    24             (i)  Abuse which involves a firearm or other weapon.
    25             (ii)  An immediate and present danger of abuse. In
    26         determining whether an immediate and present danger of
    27         abuse exists, the court shall consider a number of
    28         factors, including, but not limited to:
    29                 (A)  Whether the temporary order of protection
    30             from abuse is not likely to achieve its purpose in
    20050H1717B2918                 - 34 -     

     1             the absence of such a condition.
     2                 (B)  Whether the defendant has previously
     3             violated a protection from abuse order.
     4                 (C)  Whether past or present abuse to the
     5             plaintiff or any of the plaintiff's minor children
     6             resulted in injury.
     7                 (D)  Whether the abuse occurred in public.
     8                 (E)  Whether the abuse includes:
     9                     (I)  threats of abuse or suicide;
    10                     (II)  killing or threatening to kill pets;
    11                     (III)  an escalation of violence;
    12                     (IV)  stalking or obsessive behavior;
    13                     (V)  sexual violence; or
    14                     (VI)  drug or excessive alcohol use.
    15         (4)  If the court orders the defendant to temporarily      <--
    16     relinquish any firearm, other weapon or ammunition pursuant
    17     to paragraph (3), section 6108(a)(7) shall apply with respect
    18     to any firearm, other weapon or ammunition ordered
    19     relinquished.
    20         (4)  IF THE COURT ORDERS THE DEFENDANT TO TEMPORARILY      <--
    21     RELINQUISH ANY FIREARM, OTHER WEAPON OR AMMUNITION PURSUANT
    22     TO PARAGRAPH (3), THE DEFENDANT SHALL DECIDE IN WHAT MANNER
    23     THE DEFENDANT IS GOING TO RELINQUISH ANY FIREARM, OTHER
    24     WEAPON OR AMMUNITION LISTED IN THE ORDER. RELINQUISHMENT MAY
    25     BE TO THE SHERIFF PURSUANT TO SECTION 6108(A)(7) OR TO A
    26     THIRD PARTY FOR SAFEKEEPING PURSUANT TO SECTION 6108.3
    27     (RELATING TO RELINQUISHMENT TO THIRD PARTY FOR SAFEKEEPING).
    28     * * *
    29  § 6108.  Relief.
    30     (a)  General rule.--The court may grant any protection order
    20050H1717B2918                 - 35 -     

     1  or approve any consent agreement to bring about a cessation of
     2  abuse of the plaintiff or minor children. The order or agreement
     3  may include:
     4         (1)  Directing the defendant to refrain from abusing the
     5     plaintiff or minor children.
     6         (2)  Granting possession to the plaintiff of the
     7     residence or household to the exclusion of the defendant by
     8     evicting the defendant or restoring possession to the
     9     plaintiff [when] if the residence or household is jointly
    10     owned or leased by the parties, is owned or leased by the
    11     entireties or is owned or leased solely by the plaintiff.
    12         (3)  [When] If the defendant has a duty to support the
    13     plaintiff or minor children living in the residence or
    14     household and the defendant is the sole owner or lessee,
    15     granting possession to the plaintiff of the residence or
    16     household to the exclusion of the defendant by evicting the
    17     defendant or restoring possession to the plaintiff or, with
    18     the consent of the plaintiff, ordering the defendant to
    19     provide suitable alternate housing.
    20         (4)  Awarding temporary custody of or establishing
    21     temporary visitation rights with regard to minor children. In
    22     determining whether to award temporary custody or establish
    23     temporary visitation rights pursuant to this paragraph, the
    24     court shall consider any risk posed by the defendant to the
    25     children, as well as risk to the plaintiff. The following
    26     shall apply:
    27             (i)  A defendant shall not be granted custody,
    28         partial custody or unsupervised visitation where it is
    29         alleged in the petition, and the court finds after a
    30         hearing under this chapter, that the defendant:
    20050H1717B2918                 - 36 -     

     1                 (A)  abused the minor children of the parties or
     2             [where the defendant] poses a risk of abuse toward
     3             the minor children of the parties; or
     4                 (B)  has been convicted of violating 18 Pa.C.S. §
     5             2904 (relating to interference with custody of
     6             children) within two calendar years prior to the
     7             filing of the petition for protection order[.] or
     8             that the defendant poses a risk of violating 18
     9             Pa.C.S. § 2904.
    10             (ii)  Where the court finds after a hearing under
    11         this chapter that the defendant has inflicted abuse upon
    12         the plaintiff or a child, the court may require
    13         supervised custodial access by a third party. The third
    14         party must agree to be accountable to the court for
    15         supervision and execute an affidavit of accountability.
    16             (iii)  Where the court finds after a hearing under
    17         this chapter that the defendant has inflicted serious
    18         abuse upon the plaintiff or a child or poses a risk of
    19         abuse toward the plaintiff or a child, the court may       <--
    20         award supervised MAY:                                      <--
    21                 (A)  AWARD SUPERVISED visitation in a secure
    22             visitation facility; or                                <--
    23                 (B) [may] deny the defendant custodial access to   <--
    24             a child.
    25             (iv)  If a plaintiff petitions for a temporary order
    26         under section 6107(b) (relating to hearings) and the
    27         defendant has partial, shared or full custody of the
    28         minor children of the parties by order of court or
    29         written agreement of the parties, the custody shall not
    30         be disturbed or changed unless the court finds that the
    20050H1717B2918                 - 37 -     

     1         defendant is likely to inflict abuse upon the children or
     2         to remove the children from the jurisdiction of the court
     3         prior to the hearing under section 6107(a). Where the
     4         defendant has forcibly or fraudulently removed any minor
     5         child from the care and custody of a plaintiff, the court
     6         shall order the return of the child to the plaintiff
     7         unless the child would be endangered by restoration to
     8         the plaintiff.
     9             (v)  Nothing in this paragraph shall bar either party
    10         from filing a petition for custody under Chapter 53
    11         (relating to custody) or under the Pennsylvania Rules of
    12         Civil Procedure.
    13             (vi)  In order to prevent further abuse during
    14         periods of access to the plaintiff and child during the
    15         exercise of custodial rights, the court shall consider,
    16         and may impose on a custody award, conditions necessary
    17         to assure the safety of the plaintiff and minor children
    18         from abuse.
    19         (5)  After a hearing in accordance with section 6107(a),
    20     directing the defendant to pay financial support to those
    21     persons the defendant has a duty to support, requiring the
    22     defendant, under sections 4324 (relating to inclusion of
    23     medical support) and 4326 (relating to mandatory inclusion of
    24     child medical support), to provide health coverage for the
    25     minor child and spouse, directing the defendant to pay all of
    26     the unreimbursed medical expenses of a spouse or minor child
    27     of the defendant to the provider or to the plaintiff when he
    28     or she has paid for the medical treatment, and directing the
    29     defendant to make or continue to make rent or mortgage
    30     payments on the residence of the plaintiff to the extent that
    20050H1717B2918                 - 38 -     

     1     the defendant has a duty to support the plaintiff or other
     2     dependent household members. The support order shall be
     3     temporary, and any beneficiary of the order must file a
     4     complaint for support under the provisions of Chapters 43
     5     (relating to support matters generally) and 45 (relating to
     6     reciprocal enforcement of support orders) within two weeks of
     7     the date of the issuance of the protection order. If a
     8     complaint for support is not filed, that portion of the
     9     protection order requiring the defendant to pay support is
    10     void. When there is a subsequent ruling on a complaint for
    11     support, the portion of the protection order requiring the
    12     defendant to pay support expires.
    13         (6)  Prohibiting the defendant from having any contact
    14     with the plaintiff or minor children, including, but not
    15     limited to, restraining the defendant from entering the place
    16     of employment or business or school of the plaintiff or minor
    17     children and from harassing the plaintiff or plaintiff's
    18     relatives or minor children.
    19         (7)  Ordering the defendant to temporarily relinquish to
    20     the sheriff the defendant's [weapons which] other weapons and
    21     ammunition which have been used or been threatened to be used
    22     in an incident of abuse against the plaintiff or the minor
    23     children and the defendant's firearms and prohibiting the
    24     defendant from acquiring or possessing any [other weapons]
    25     firearm for the duration of the order and requiring the
    26     defendant to relinquish to the sheriff any firearm license,    <--
    27     other than a license under 18 Pa.C.S. § 6113 (relating to
    28     licensing of dealers), 18 U.S.C. § 923 (relating to
    29     licensing) or any other Federal or State license for the
    30     sale, manufacture or importation of firearms, ISSUED UNDER     <--
    20050H1717B2918                 - 39 -     

     1     SECTION 6108.3 (RELATING TO RELINQUISHMENT TO THIRD PARTY FOR
     2     SAFEKEEPING) OR 18 PA.C.S. § 6106 (RELATING TO FIREARMS NOT
     3     TO BE CARRIED WITHOUT A LICENSE) OR 6109 (RELATING TO
     4     LICENSES) the defendant may possess. [The court's order shall
     5     provide for the return of the weapons and any firearm license
     6     to the defendant subject to any restrictions and conditions
     7     as the court shall deem appropriate to protect the plaintiff
     8     or minor children from further abuse through the use of
     9     weapons.] A copy of the court's order shall be transmitted to
    10     the chief or head of the police force or police department of
    11     the municipality and to the sheriff of the county of which
    12     the defendant is a resident. When relinquishment is ordered,
    13     the following shall apply:
    14             (i)  (A)  The court's order shall require the
    15             defendant to relinquish such firearms, other weapons,
    16             ammunition and any firearm license pursuant to the
    17             provisions of this chapter within 24 hours of service
    18             of a temporary order or the entry of a final order or
    19             the close of the next business day as necessary by
    20             closure of the sheriffs' offices, except for cause
    21             shown at the hearing, in which case the court shall
    22             specify the time for relinquishment of any or all of
    23             the defendant's firearms.
    24                 (B)  A defendant subject to a temporary order
    25             requiring the relinquishment of firearms, other
    26             weapons or ammunition shall, in lieu of relinquishing
    27             specific firearms, other weapons or ammunition which
    28             cannot reasonably be retrieved within the time for
    29             relinquishment in clause (A) due to their current
    30             location, provide the sheriff with an affidavit
    20050H1717B2918                 - 40 -     

     1             listing the firearms, other weapons or ammunition and
     2             their current location. If the defendant, within the
     3             time for relinquishment in clause (A), fails to
     4             provide the affidavit or fails to relinquish,
     5             pursuant to this chapter, any firearms, other weapons
     6             or ammunition ordered to be relinquished which are
     7             not specified in the affidavit, the sheriff shall, at
     8             a minimum, provide immediate notice to the court, the
     9             plaintiff and appropriate law enforcement
    10             authorities. The defendant shall not possess any
    11             firearms, other weapons or ammunition specifically
    12             listed in the affidavit provided to the sheriff
    13             pursuant to this clause for the duration of the
    14             temporary order.
    15                 (C)  As used in this subparagraph, the term
    16             "cause" shall be limited to facts relating to the
    17             inability of the defendant to retrieve a specific
    18             firearm within 24 hours due to the current location
    19             of the firearm.
    20             (ii)  The court's order shall contain a list of any
    21         firearm, other weapon or ammunition ordered relinquished.
    22         Except as provided in subparagraph(i)(B), section 6108.2   <--
    23         (relating to relinquishment for consignment sale, lawful
    24         transfer or safekeeping) or 6108.3 (relating to
    25         relinquishment to third party for safekeeping) the
    26         sheriff shall secure custody of all of the defendant's
    27         firearms, other weapons or ammunition and any firearm
    28         license for the duration of the order or until directed
    29         otherwise by court order. UPON THE ENTRY OF A FINAL        <--
    30         ORDER, THE DEFENDANT SHALL INFORM THE COURT IN WHAT
    20050H1717B2918                 - 41 -     

     1         MANNER THE DEFENDANT IS GOING TO RELINQUISH ANY FIREARM,
     2         OTHER WEAPON OR AMMUNITION ORDERED RELINQUISHED.
     3         RELINQUISHMENT MAY OCCUR PURSUANT TO SECTION 6108.2
     4         (RELATING TO RELINQUISHMENT FOR CONSIGNMENT SALE, LAWFUL
     5         TRANSFER OR SAFEKEEPING) OR 6108.3 OR TO THE SHERIFF
     6         PURSUANT TO THIS PARAGRAPH. WHERE THE SHERIFF IS
     7         DESIGNATED, THE SHERIFF SHALL SECURE CUSTODY OF THE
     8         DEFENDANT'S FIREARMS, OTHER WEAPONS OR AMMUNITION AND ANY
     9         FIREARM LICENSE LISTED IN THE COURT'S ORDER FOR THE
    10         DURATION OF THE ORDER OR UNTIL OTHERWISE DIRECTED BY
    11         COURT ORDER. In securing custody of the defendant's
    12         relinquished firearms, the sheriff shall comply with 18
    13         Pa.C.S. § 6105(f)(4) (relating to persons not to possess,
    14         use, manufacture, control, sell or transfer firearms). In
    15         securing custody of the defendant's other weapons and
    16         ammunition, the sheriff shall provide the defendant with
    17         a signed and dated written receipt which shall include a
    18         detailed description of the other weapon or ammunition
    19         and its condition.
    20             (iii)  The sheriff shall provide the plaintiff with
    21         the name of the person or agency to which any firearm,     <--
    22         other weapon or ammunition was relinquished.
    23             (iv)  Unless the defendant has complied with
    24         subparagraph (i)(B) or section 6108.2 or 6108.3, if the
    25         defendant fails to relinquish any firearm, other weapon,
    26         ammunition or firearm license within 24 hours or upon the
    27         close of the next business day due to closure of
    28         sheriffs' offices or within the time ordered by the court
    29         upon cause being shown at the hearing, the sheriff shall,
    30         at a minimum, provide immediate notice to the court, the
    20050H1717B2918                 - 42 -     

     1         plaintiff and appropriate law enforcement agencies.
     2             (v)  Any portion of any order or any petition or
     3         other paper which includes a list of any firearm, other
     4         weapon or ammunition ordered relinquished shall be kept
     5         in the files of the court as a permanent record thereof
     6         and withheld from public inspection except:
     7                 (A)  upon an order of the court granted upon
     8             cause shown;
     9                 (B)  as necessary, by law enforcement, and court
    10             personnel; or
    11                 (C)  after redaction of information listing any
    12             firearm, other weapon or ammunition.
    13             (vi)  As used in this paragraph, the term
    14         "defendant's firearms" shall, if the defendant is a
    15         licensed firearms dealer, only include firearms in the
    16         defendant's personal firearms collection pursuant to 27
    17         CFR § 478.125a (relating to personal firearms
    18         collection).
    19         (7.1)  If the defendant is a licensed firearms dealer,
    20     ordering the defendant to follow such restrictions as the
    21     court may require concerning the conduct of his business,
    22     which may include ordering the defendant to relinquish any
    23     Federal or State license for the sale, manufacture or
    24     importation of firearms as well as firearms in the
    25     defendant's business inventory. In restricting the defendant
    26     pursuant to this paragraph, the court shall make a reasonable
    27     effort to preserve the financial assets of the defendant's
    28     business while fulfilling the goals of this chapter.
    29         (8)  Directing the defendant to pay the plaintiff for
    30     reasonable losses suffered as a result of the abuse,
    20050H1717B2918                 - 43 -     

     1     including medical, dental, relocation and moving expenses;
     2     counseling; loss of earnings or support; costs of repair or
     3     replacement of real or personal property damaged, destroyed
     4     or taken by the defendant or at the direction of the
     5     defendant; and other out-of-pocket losses for injuries
     6     sustained. In addition to out-of-pocket losses, the court may
     7     direct the defendant to pay reasonable attorney fees. An
     8     award under this chapter shall not constitute a bar to
     9     litigation for civil damages for injuries sustained from the
    10     acts of abuse giving rise to the award or a finding of
    11     contempt under this chapter.
    12         (9)  Directing the defendant to refrain from stalking or
    13     harassing the plaintiff and other designated persons as
    14     defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and
    15     2709.1 (relating to stalking).
    16         (10)  Granting any other appropriate relief sought by the
    17     plaintiff.
    18     (b)  Identifying information.--Any order issued under this
    19  section shall, where furnished by either party, specify the
    20  Social Security number and date of birth of the defendant.
    21     (c)  Mutual orders of protection.--Mutual orders of
    22  protection shall not be awarded unless both parties have filed
    23  timely written petitions, complied with service requirements
    24  under section 6106 (relating to commencement of proceedings) and
    25  are eligible for protection under this chapter. The court shall
    26  make separate findings and, where issuing orders on behalf of
    27  both petitioners, enter separate orders.
    28     (d)  Duration and amendment of order or agreement.--A
    29  protection order or approved consent agreement shall be for a
    30  fixed period of time not to exceed [18 months] three years. The
    20050H1717B2918                 - 44 -     

     1  court may amend its order or agreement at any time upon
     2  subsequent petition filed by either party.
     3     (e)  Extension of protection orders.--
     4         (1)  An extension of a protection order may be granted:
     5             (i)  Where the court finds, after a duly filed
     6         petition, notice to the defendant and a hearing, in
     7         accordance with the procedures set forth in sections 6106
     8         and 6107, that the defendant committed one or more acts
     9         of abuse subsequent to the entry of the final order or
    10         that the defendant engaged in a pattern or practice that
    11         indicates continued risk of harm to the plaintiff or
    12         minor child.
    13             (ii)  When a contempt petition or charge has been
    14         filed with the court or with a hearing officer in
    15         Philadelphia County, but the hearing has not occurred
    16         before the expiration of the protection order, the order
    17         shall be extended, at a minimum, until the disposition of
    18         the contempt petition and may be extended for another
    19         term beyond the disposition of the contempt petition.
    20         (2)  Service of an extended order shall be made in
    21     accordance with section 6109 (relating to service of orders).
    22         (3)  There shall be no limitation on the number of
    23     extensions that may be granted.
    24     (f)  Support procedure.--The domestic relations section shall
    25  enforce any support award in a protection order where the
    26  plaintiff files a complaint for support under subsection (a)(5).
    27     (g)  Notice.--Notice shall be given to the defendant, in
    28  orders issued under this section, stating that violations of an
    29  order will subject the defendant to arrest under section 6113
    30  (relating to arrest for violation of order) or contempt of court
    20050H1717B2918                 - 45 -     

     1  under section 6114 (relating to contempt for violation of order
     2  or agreement). Resumption of coresidency on the part of the
     3  plaintiff and defendant shall not nullify the provisions of the
     4  court order.
     5     (h)  Title to real property unaffected.--No order or
     6  agreement under this chapter shall in any manner affect title to
     7  any real property.
     8     Section 9.  Title 23 is amended by adding sections to read:
     9  § 6108.1.  Return of relinquished firearms, other weapons and
    10             ammunition AND ADDITIONAL RELIEF.                      <--
    11     (a)  General rule.--Any court order requiring the
    12  relinquishment of firearms, other weapons or ammunition shall
    13  provide for the return of the relinquished firearms, other
    14  weapons or ammunition to the defendant upon expiration of the
    15  order or dismissal of a petition for a protection from abuse
    16  order. The defendant may take custody of the firearms, other
    17  weapons and ammunition provided that the defendant is otherwise
    18  eligible to lawfully possess the relinquished items. The
    19  defendant shall not be required to pay any fees, costs or
    20  charges associated with the returns, whether those fees, costs
    21  or charges are imposed by the Pennsylvania State Police, any
    22  local law enforcement agency or any other entity, including a
    23  licensed importer, licensed manufacturer or licensed dealer in
    24  order to secure return of the relinquished firearms, other
    25  weapons or ammunition.
    26     (b)  Modification of court's order PROVIDING FOR RETURN OF     <--
    27  RELINQUISHED FIREARM, OTHER WEAPON OR AMMUNITION.--
    28         (1)  The defendant may petition the court to allow for
    29     the return of firearms, other weapons and ammunition to the
    30     defendant prior to the expiration of the court's order. The
    20050H1717B2918                 - 46 -     

     1     petition shall be served upon the plaintiff and the plaintiff
     2     shall be a party to the proceedings regarding that petition.
     3         (2)  Any other person may petition the court to allow for
     4     the return of that other person's firearms, other weapons and
     5     ammunition prior to the expiration of the court's order. The
     6     petition shall be served upon the plaintiff and the plaintiff
     7     shall be given notice and an opportunity to be heard
     8     regarding that petition.
     9     (c)  Sale, lawful transfer or safekeeping of relinquished      <--
    10     (C)  MODIFICATION OF COURT'S ORDER TO PROVIDE FOR ALTERNATIVE  <--
    11  MEANS OF RELINQUISHING firearms, other weapons or ammunition.--
    12  The defendant may petition the court to allow for the sale,       <--
    13  lawful transfer or safekeeping of any of the defendant's
    14  firearms, other weapons or ammunition relinquished in accordance
    15  with this chapter. Any petition or other application for the
    16  sale, lawful transfer or safekeeping of firearms, other weapons
    17  or ammunition filed prior to the expiration of the court's order
    18  shall be served upon the plaintiff, and the plaintiff shall have
    19  an opportunity to be heard prior to the issuance of a court
    20  order allowing for the sale, lawful transfer or safekeeping of
    21  firearms, other weapons or ammunition. Upon court order
    22  directing the sale, lawful transfer or safekeeping of a
    23  relinquished firearm, other weapons or ammunition the sheriff
    24  shall proceed as directed by the court. FOR MODIFICATION OF THE   <--
    25  ORDER TO PROVIDE FOR AN ALTERNATIVE MEANS OF RELINQUISHMENT IN
    26  ACCORDANCE WITH THIS CHAPTER. THE PETITION SHALL BE SERVED UPON
    27  THE PLAINTIFF, AND THE PLAINTIFF SHALL HAVE AN OPPORTUNITY TO BE
    28  HEARD AT THE HEARING AS PROVIDED IN SUBSECTION (D). WHERE THE
    29  COURT ORDERS A MODIFICATION PURSUANT TO THIS SUBSECTION
    30  PROVIDING FOR ALTERNATIVE MEANS OF RELINQUISHMENT, THE SHERIFF
    20050H1717B2918                 - 47 -     

     1  SHALL PROCEED AS DIRECTED BY THE COURT.
     2     (d)  Hearing.--Within ten business days of the filing of any
     3  petition under this section, a hearing shall be held before the
     4  court.
     5     (e)  Definitions.--As used in this section, the following
     6  words and phrases shall have the meanings given to them in this
     7  subsection:
     8     "Other person."  Any person, except the defendant, who is the
     9  lawful owner of a firearm, other weapon or ammunition
    10  relinquished pursuant to this chapter.
    11     "Safekeeping."  The secure custody of a firearm, other weapon
    12  or ammunition ordered relinquished by an active protection from
    13  abuse order. as authorized pursuant to a court order until such   <--
    14  time as the court directs the relinquishment of said firearm,
    15  other weapon or ammunition and the person to whom it shall be
    16  relinquished.
    17  § 6108.2.  Relinquishment for consignment sale, lawful transfer
    18             or safekeeping.
    19     (a)  General rule.--Notwithstanding any other provision of
    20  law, a defendant who is the subject of a final protection from
    21  abuse order, which order provided PROVIDES for the                <--
    22  relinquishment of firearms, other weapons or ammunition during
    23  the period of time the order is in effect may, within the time
    24  frame specified in the order and in lieu of relinquishment to
    25  the sheriff, relinquish to a dealer licensed pursuant to 18
    26  Pa.C.S. § 6113 (relating to licensing of dealers) any firearms,
    27  other weapons or ammunition for consignment sale, lawful
    28  transfer or safekeeping.
    29     (b)  Affidavit.--A defendant relinquishing firearms, other
    30  weapons or ammunition to a dealer pursuant to subsection (a)
    20050H1717B2918                 - 48 -     

     1  shall obtain an affidavit from the dealer on a form prescribed
     2  by the Pennsylvania State Police which shall include, at a
     3  minimum, the following:
     4         (1)  The caption of the case in which the protection from
     5     abuse order was issued.
     6         (2)  The name, address, date of birth and Social Security
     7     number of the defendant.
     8         (3)  A list of the firearms, other weapons or ammunition,
     9     including, if applicable, the manufacturer, model and serial
    10     number.
    11         (4)  The name and license number of the dealer licensed
    12     pursuant to 18 Pa.C.S. § 6113 and the address of the licensed
    13     premises.
    14         (5)  An acknowledgment that the firearms, other weapons
    15     or ammunition will not be returned to the defendant or sold
    16     or transferred to a person the dealer knows is a member of
    17     the defendant's household, while the defendant is the subject
    18     of an active protection from abuse order pursuant to section
    19     6108, which order provided PROVIDES for the relinquishment of  <--
    20     the firearm, other weapon or ammunition being returned, sold
    21     or transferred.
    22         (6)  An acknowledgment that the firearms, other weapons
    23     or ammunition, if sold or transferred, will be sold or
    24     lawfully transferred in compliance with 18 Pa.C.S. Ch. 61
    25     (relating to firearms and other dangerous articles).
    26     (c)  Failure to provide affidavit.--A defendant relinquishing
    27  firearms, other weapons or ammunition to a dealer pursuant to
    28  subsection (a) shall, within the time frame specified in the
    29  order for relinquishing firearms, other weapons or ammunition
    30  provide to the sheriff the affidavit obtained pursuant to
    20050H1717B2918                 - 49 -     

     1  subsection (b) and relinquish to the sheriff any firearms, other
     2  weapons or ammunition ordered to be relinquished which are not
     3  specified in the affidavit, in an affidavit provided in
     4  accordance with section 6108(a)(7)(i)(B) (relating to relief) or
     5  in an acknowledgment of receipt from a third party provided to
     6  the sheriff pursuant to section 6108.3 (relating to
     7  relinquishment to third party for safekeeping). If the defendant
     8  fails to comply with this subsection, the sheriff shall, at a
     9  minimum, provide immediate notice to the court, the plaintiff
    10  and appropriate law enforcement agencies.
    11     (d)  Form.--The Pennsylvania State Police shall develop and
    12  make available a form to be used by dealers to accept possession
    13  of firearms, other weapons and ammunition for consignment sale,
    14  lawful transfer or safekeeping pursuant to this section.
    15     (e)  Transfer upon entry of final order.--Upon entry of a
    16  final protection from abuse order issued pursuant to section
    17  6108, which order provided PROVIDES for the relinquishment of     <--
    18  firearms, other weapons or ammunition during the period of time
    19  the order is in effect, a defendant who had relinquished
    20  firearms, other weapons or ammunition to the sheriff pursuant to
    21  a temporary order may request that the firearms, other weapons
    22  or ammunition be relinquished to a dealer for consignment sale,
    23  lawful transfer or safekeeping pursuant to this section. If the
    24  defendant can identify a licensed dealer willing to accept the
    25  firearms, other weapons or ammunition in compliance with this
    26  section, the court shall order the sheriff to transport the
    27  firearms, other weapons or ammunition to the licensed dealer at
    28  no cost to the defendant or the licensed dealer.
    29     (f)  Nondisclosure.--The affidavit obtained under subsection
    30  (c) shall not be subject to access under the act of June 21,
    20050H1717B2918                 - 50 -     

     1  1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
     2     (g)  Definitions.--As used in this section, the following
     3  words and phrases shall have the meanings given to them in this
     4  subsection:
     5     "Safekeeping."  The secure custody of firearms, other weapons
     6  or ammunition ordered relinquished by an active protection from
     7  abuse order. issued pursuant to section 6108 (relating to         <--
     8  relief) by a dealer licensed pursuant to 18 Pa.C.S. § 6113
     9  (relating to licensing of dealers).
    10     "Sale or lawful transfer."  Any sale or transfer to a person
    11  other than the defendant or a member of the defendant's
    12  household which is conducted in accordance with 18 Pa.C.S. Ch.
    13  61 (relating to firearms and other dangerous articles).
    14  § 6108.3.  Relinquishment to third party for safekeeping.
    15     (a)  General rule.--A defendant who is the subject of a
    16  protection from abuse order, which order provided PROVIDES for    <--
    17  the relinquishment of firearms, other weapons or ammunition
    18  during the period of time the order is in effect may, within the
    19  time frame specified in the order and in lieu of relinquishment
    20  to the sheriff, relinquish any firearms, other weapons or
    21  ammunition to a third party for safekeeping.
    22     (b)  Transfer to third party.--
    23         (1)  A defendant wishing to relinquish firearms, other
    24     weapons or ammunition to a third party pursuant to subsection
    25     (a) shall, within the time frame specified in the order for
    26     relinquishing firearms, other weapons and ammunition, report
    27     to the sheriff's office in the county where the order was
    28     entered along with the third party.
    29         (2)  Upon determination by the sheriff that the third
    30     party is not prohibited from possessing firearms, other
    20050H1717B2918                 - 51 -     

     1     weapons or ammunition pursuant to any Federal or State law
     2     and after the defendant and third party have executed the
     3     affidavits required under paragraph (3), the sheriff shall
     4     issue a safekeeping permit to the third party, which shall
     5     include, at a minimum, a list of the firearms, other weapons
     6     and ammunition which will be relinquished to the third party.
     7     The permit shall be issued at no cost to the third party or
     8     defendant. The permit shall require the third party to
     9     possess the defendant's firearms, other weapons and
    10     ammunition until the time that:
    11             (i)  the sheriff revokes the safekeeping permit
    12         pursuant to subsection (c)(1); or
    13             (ii)  the sheriff accepts return of the safekeeping
    14         permit pursuant to subsection (d).
    15         (3)  (i)  A defendant wishing to relinquish firearms,
    16         other weapons or ammunition to a third party pursuant to
    17         subsection (a) shall, in the presence of the sheriff or
    18         the sheriff's designee, execute an affidavit on a form
    19         prescribed by the Pennsylvania State Police which shall
    20         include, at a minimum, the following:
    21                 (A)  The caption of the case in which the
    22             protection from abuse order was issued.
    23                 (B)  The name, address, date of birth and the
    24             Social Security number of the defendant.
    25                 (C)  The name, address and date of birth of the
    26             third party.
    27                 (D)  A list of the firearms, other weapons and
    28             ammunition which will be relinquished to the third
    29             party, including, if applicable, the manufacturer,
    30             model and serial number.
    20050H1717B2918                 - 52 -     

     1                 (E)  An acknowledgment that the defendant will
     2             not take possession of any firearm, other weapon or
     3             ammunition relinquished to the third party, until the
     4             sheriff accepts return of the safekeeping permit
     5             pursuant to subsection (d).
     6                 (F)  A plain language summary of 18 Pa.C.S. §
     7             6105(a.1)(2) and (c)(6) (relating to persons not to
     8             possess, use, manufacture, control, sell or transfer
     9             firearms).
    10                 (G)  A plain language summary of 18 U.S.C. §
    11             922(g)(8) (relating to unlawful acts).
    12             (ii)  A third party who will be accepting possession
    13         of firearms, other weapons and ammunition pursuant to
    14         subsection (a) shall, in the presence of the sheriff or
    15         the sheriff's designee, execute an affidavit on a form
    16         prescribed by the Pennsylvania State Police which shall
    17         include, at a minimum, the following:
    18                 (A)  The caption of the case in which the
    19             protection from abuse order was issued.
    20                 (B)  The name, address and date of birth of the
    21             defendant.
    22                 (C)  The name, address, date of birth and the
    23             Social Security number of the third party.
    24                 (D)  A list of the firearms, other weapons and
    25             ammunition which will be relinquished to the third
    26             party, including, if applicable, the manufacturer,
    27             model and serial number.
    28                 (E)  An acknowledgment that no firearm, other
    29             weapon or ammunition relinquished to the third party
    30             will be returned to the defendant, until the sheriff
    20050H1717B2918                 - 53 -     

     1             accepts return of the safekeeping permit pursuant to
     2             subsection (d).
     3                 (F)  A plain language summary of 18 Pa.C.S. §§
     4             6105(a.1)(5) and (c)(6), 6111(c) (relating to sale or
     5             transfer of firearms) and 6115 (relating to loans on,
     6             or lending or giving firearms prohibited).
     7                 (G)  A plain language summary of this section.
     8                 (H)  An acknowledgment that the third party is
     9             not prohibited from possessing firearms, other
    10             weapons or ammunition pursuant to any Federal or
    11             State law.
    12                 (I)  An acknowledgment that the third party is
    13             not subject to an active protection from abuse order.
    14                 (J)  An acknowledgment that the defendant has
    15             never been the subject of a protection from abuse
    16             order issued on behalf of the third party.
    17                 (K)  An acknowledgment that any firearms, other
    18             weapons and ammunition relinquished to the third
    19             party will be stored using a locking device as
    20             defined in paragraph (1) of the definition of
    21             "locking device" in 18 Pa.C.S. § 6142(f) (relating to
    22             locking device for firearms) or in a secure location
    23             to which the defendant does not have access.
    24                 (L)  A DETAILED DESCRIPTION OF THE THIRD PARTY     <--
    25             LIABILITY PURSUANT TO THIS SECTION RELATING TO CIVIL
    26             LIABILITY.
    27                 (M)  AN ACKNOWLEDGMENT THAT THE THIRD PARTY SHALL
    28             INFORM THE SHERIFF OF ANY CHANGE OF ADDRESS FOR THE
    29             THIRD PARTY WITHIN SEVEN DAYS OF THE CHANGE OF
    30             ADDRESS.
    20050H1717B2918                 - 54 -     

     1         (4)  The defendant shall, within the time frame specified
     2     in the order and in lieu of relinquishment to the sheriff,
     3     relinquish the firearms, other weapons and ammunition
     4     specified in the affidavits provided to the sheriff pursuant
     5     to paragraph (3) to the third party who has been issued a
     6     safekeeping permit pursuant to paragraph (2). Upon
     7     relinquishment of the firearms to the third party, the third
     8     party shall sign an acknowledgment of receipt on a form
     9     prescribed by the Pennsylvania State Police, which shall
    10     include, at a minimum, an acknowledgment that the firearms
    11     were relinquished to the third party within the time frame
    12     specified in the order.
    13         (5)  Within 24 hours of the issuance of the safekeeping
    14     permit issued to the third party pursuant to paragraph (2) or
    15     by close of the next business day as necessary due to the
    16     closure of the sheriff's office, the defendant shall return
    17     the signed acknowledgment of receipt required under paragraph
    18     (4) to the sheriff in the county where the order was entered.
    19         (6)  If the defendant fails to provide the acknowledgment
    20     of receipt to the sheriff as required under paragraph (5), an
    21     affidavit prepared in accordance with section
    22     6108(a)(7)(i)(B) (relating to relief), an affidavit under
    23     section 6108.2 (relating to relinquishment for consignment
    24     sale, lawful transfer or safekeeping) or fails to relinquish
    25     any firearms, other weapons or ammunition, the sheriff shall,
    26     at a minimum, provide immediate notice to the court, the
    27     plaintiff and appropriate law enforcement agencies.
    28     (c)  Revocation of safekeeping permit.--
    29         (1)  The sheriff shall revoke a third party's safekeeping
    30     permit and require the third party to relinquish to the
    20050H1717B2918                 - 55 -     

     1     sheriff any firearms, other weapons or ammunition which were
     2     relinquished to the third party by a defendant pursuant to
     3     subsection (a) upon determining or being notified that any of
     4     the following apply:
     5             (i)  A protection from abuse order has been entered
     6         against the third party.
     7             (ii)  The third party is prohibited from possessing
     8         firearms, other weapons or ammunition pursuant to any
     9         Federal or State law.
    10             (iii)  The defendant has been convicted of a
    11         violation of 18 Pa.C.S. Ch. 61 (relating to firearms and
    12         other dangerous articles), or any other offense involving
    13         the use of a firearm.
    14             (iv)  The defendant has been held in indirect
    15         criminal contempt for violating a provision of the
    16         protection from abuse order consistent with section
    17         6108(a)(1), (2), (6), (7) or (9) (relating to relief).
    18         (2)  Upon revocation of a safekeeping permit, the sheriff
    19     shall seize the safekeeping permit and all of the defendant's
    20     firearms, other weapons and ammunition which were
    21     relinquished to the third party. If revocation of the
    22     safekeeping permit was:
    23             (i)  Required pursuant to paragraph (1)(i) or (ii),
    24         the sheriff shall notify the defendant that the firearms,
    25         other weapons and ammunition which were relinquished to
    26         the third party are in the sheriff's possession and that
    27         the defendant may report to the sheriff's office in order
    28         to relinquish the firearms, other weapons and ammunition
    29         to a subsequent third party pursuant to this section or
    30         to a licensed dealer pursuant to section 6108.2 (relating  <--
    20050H1717B2918                 - 56 -     

     1         to relinquishment for consignment sale, lawful transfer
     2         or safekeeping).
     3             (ii)  Required pursuant to paragraph (1)(iii) or
     4         (iv), the sheriff shall maintain possession of the
     5         firearms, other weapons and ammunition until the
     6         defendant is no longer prohibited from possessing
     7         firearms, other weapons and ammunition pursuant to any
     8         Federal or State law unless:
     9                 (A)  the defendant has the firearms, other
    10             weapons and ammunition relinquished to a licensed
    11             dealer pursuant to section 6108.2; or
    12                 (B)  the sheriff is directed to relinquish the
    13             firearms, other weapons and ammunition pursuant to a
    14             court order.
    15     (d)  Return of safekeeping permit.--
    16         (1)  Following expiration of a protection from abuse
    17     order, which order provided for the relinquishment of
    18     firearms, other weapons or ammunition, the defendant and the
    19     third party shall report to the sheriff's office to return
    20     the safekeeping permit. Upon a determination by the sheriff
    21     that the defendant is:
    22             (i)  Not prohibited from possessing firearms, other
    23         weapons and ammunition, the sheriff shall accept the
    24         return of the safekeeping permit and the third party
    25         shall relinquish to the defendant all of the defendant's
    26         firearms, other weapons and ammunition which were
    27         relinquished to the third party pursuant to this section.
    28             (ii)  Prohibited from possessing a firearm, other
    29         weapon or ammunition pursuant to any Federal or State
    30         law, the sheriff shall accept return of the permit and
    20050H1717B2918                 - 57 -     

     1         seize from the third party all of the defendant's
     2         firearms, other weapons and ammunition, which were
     3         relinquished to the third party pursuant to this section.
     4         The sheriff shall return to the defendant any firearm,
     5         other weapon or ammunition, which the defendant is
     6         lawfully entitled to possess.
     7         (2)  Upon issuance of a court order pursuant to 18
     8     Pa.C.S. §§ 6105(f)(2) or 6108.1(b) (relating to return of
     9     relinquished firearms, other weapons and ammunition AND        <--
    10     ADDITIONAL RELIEF) which modifies a valid protection from
    11     abuse order by allowing the defendant to take possession of a
    12     firearm, other weapon or ammunition that had previously been
    13     ordered relinquished, the defendant and the third party shall
    14     report to the sheriff's office to return the safekeeping
    15     permit. The sheriff shall proceed as directed by the court
    16     order.
    17         (3)  If a third party wishes to relinquish the
    18     defendant's firearms, other weapons and ammunition prior to
    19     return of the safekeeping permit pursuant to paragraph (1),
    20     the sheriff shall accept return of the safekeeping permit and
    21     shall seize all of the defendant's firearms, other weapons
    22     and ammunition from the third party. The sheriff shall notify
    23     the defendant that the firearms, other weapons and
    24     ammunition, which were relinquished to the third party are in
    25     the sheriff's possession and that the defendant may
    26     relinquish the firearms, other weapons and ammunition to a
    27     subsequent third party pursuant to this section or to a
    28     licensed dealer pursuant to section 6108.2.
    29     (e)  Civil liability.--A third party who intentionally or
    30  knowingly violates any of the provisions of this section shall,
    20050H1717B2918                 - 58 -     

     1  in addition to any other penalty prescribed in this chapter or
     2  18 Pa.C.S. Ch. 61 be civilly liable to any person for any
     3  damages caused thereby and, in addition, shall be liable to any
     4  person for punitive damages in an amount not to exceed $5,000,
     5  and the court shall award a prevailing plaintiff a reasonable
     6  attorney fee as part of the costs.
     7     (f)  Forms.--The Pennsylvania State Police shall develop and
     8  make available:
     9         (1)  Forms to be used by sheriffs to issue safekeeping
    10     permits pursuant to subsection (b)(2).
    11         (2)  Affidavit forms and receipt forms to be used by
    12     defendants and third parties as required under subsection
    13     (b)(3) and (4).
    14     (g)  Transfer upon final entry.--A defendant who has
    15  previously relinquished firearms, other weapons or ammunition to
    16  the sheriff pursuant to a temporary order, shall be permitted to
    17  have the firearms, other weapons and ammunition relinquished to
    18  a third party pursuant to this section following entry of a
    19  final protection from abuse order, which order provides for the
    20  relinquishment of firearms, other weapons or ammunition during
    21  the period of time the order is in effect.
    22     (h)  Nondisclosure.--All copies of the safekeeping permit
    23  issued under subsection (b)(2) retained by the sheriff and the
    24  affidavits and forms obtained under subsection (b)(3) and (4)
    25  shall not be subject to access under the act of June 21, 1957
    26  (P.L.390, No.212), referred to as the Right-to-Know Law.
    27     (i)  Definitions.--As used in this section, the following
    28  words and phrases shall have the meanings given to them in this
    29  subsection:
    30     "Safekeeping."  The secure custody of firearms, other weapons
    20050H1717B2918                 - 59 -     

     1  or ammunition, which were ordered relinquished by a valid AN      <--
     2  ACTIVE protection from abuse order, by a third party.             <--
     3     "Third party."  A person, other than the defendant, who:
     4         (1)  Is not a member of the defendant's household.
     5         (2)  Is not prohibited from possessing firearms pursuant
     6     to any Federal or State law.
     7  § 6108.4.  Registry or database of firearm ownership.
     8     (a)  Confidentiality.--Information retained to ensure
     9  compliance with this chapter and to document the return of
    10  firearms shall not be subject to access under the act of June
    11  21, 1957 (P.L.390, No.212), referred to as the Right-to-Know
    12  Law.
    13     (b)  Construction.--Nothing in this chapter shall be
    14  construed to allow a government AGENCY or law enforcement         <--
    15  agency, or an agent or employee of either, or any other person
    16  or entity to create, maintain or operate a database or registry
    17  of firearm ownership within this Commonwealth. However,
    18  information may be retained to ensure compliance with this
    19  chapter and to document the return of firearms.
    20  § 6108.5.  Penalties for release of information.
    21     Any person who violates section 6108(a)(7)(v) (relating to
    22  relief) by releasing information with the intent and purpose of
    23  committing such violation commits a misdemeanor of the third
    24  degree.
    25     Section 10.  Section 6110 of Title 23 is amended by adding a
    26  subsection to read:
    27  § 6110.  Emergency relief by minor judiciary.
    28     * * *
    29     (e)  Master for emergency relief.--The president judge of a
    30  court of common pleas of a judicial district may, WITH THE        <--
    20050H1717B2918                 - 60 -     

     1  APPROVAL OF THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS,
     2  provide for the selection and appointment of a master for
     3  emergency relief on a full-time or part-time basis. The number
     4  of masters for emergency relief shall be fixed by the president
     5  judge WITH THE APPROVAL OF THE ADMINISTRATIVE OFFICE OF           <--
     6  PENNSYLVANIA COURTS. The compensation of a master for emergency
     7  relief shall be fixed and paid by the county.
     8     Section 11.  Sections 6113 and 6113.1 of Title 23, amended     <--
     9  November 30, 2004 (P.L.1618, No.207), are amended to read:
    10  § 6113.  Arrest for violation of order.
    11     (a)  General rule.--An arrest for violation of an order
    12  issued pursuant to this chapter or a foreign protection order
    13  may be without warrant upon probable cause whether or not the
    14  violation is committed in the presence of the police officer or
    15  sheriff in circumstances where the defendant has violated a
    16  provision of an order consistent with section 6108(a)(1), (2),
    17  (3), (4), (6), (7) or (9) (relating to relief). The police
    18  officer or sheriff may verify the existence of a protection
    19  order by telephone, radio or other electronic communication with
    20  the appropriate police department, Pennsylvania State Police
    21  registry, protection order file or issuing authority. A police
    22  officer or sheriff shall arrest a defendant for violating an
    23  order issued under this chapter by a court within the judicial
    24  district, issued by a court in another judicial district within
    25  this Commonwealth or a foreign protection order issued by a
    26  comparable court.
    27     (b)  Seizure of [weapons] firearms, other weapons and
    28  ammunition.--Subsequent to an arrest, the police officer or
    29  sheriff shall seize all [weapons] firearms, other weapons and
    30  ammunition used or threatened to be used during the violation of
    20050H1717B2918                 - 61 -     

     1  the protection order or during prior incidents of abuse and any
     2  other firearms in the defendant's possession. As soon as it is
     3  reasonably possible, the arresting officer shall deliver the
     4  confiscated [weapons] firearms, other weapons and ammunition to
     5  the office of the sheriff. The sheriff shall maintain possession
     6  of the [weapons] firearms, other weapons and ammunition until
     7  the court issues an order specifying the [weapons] firearms,
     8  other weapons and ammunition to be relinquished and the persons
     9  to whom the [weapons] firearms, other weapons and ammunition
    10  shall be relinquished.
    11     (c)  Procedure following arrest.--Subsequent to an arrest,
    12  the defendant shall be taken by the police officer or sheriff
    13  without unnecessary delay before the court in the judicial
    14  district where the contempt is alleged to have occurred. When
    15  that court is unavailable, the police officer or sheriff shall
    16  convey the defendant to a magisterial district judge designated
    17  as appropriate by local rules of court or, in the city of
    18  Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court
    19  or, in counties of the first class, to the appropriate hearing
    20  officer. For purposes of procedure relating to arraignments for
    21  arrest for violation of an order issued under this chapter, the
    22  judges of Pittsburgh Magistrates Court shall be deemed to be
    23  magisterial district judges.
    24     (d)  Preliminary arraignment.--The defendant shall be
    25  afforded a preliminary arraignment without unnecessary delay.
    26     (e)  Other emergency powers unaffected.--This section shall
    27  not be construed to in any way limit any of the other powers for
    28  emergency relief provided in this chapter.
    29     (f)  Hearing.--A hearing shall be scheduled within ten days
    30  of the filing of the charge or complaint of indirect criminal
    20050H1717B2918                 - 62 -     

     1  contempt. The hearing and any adjudication shall not preclude a
     2  hearing on other criminal charges underlying the contempt, nor
     3  shall a hearing or adjudication on other criminal charges
     4  preclude a hearing on a charge of indirect criminal contempt.
     5  § 6113.1.  Private criminal complaints for violation of order or
     6             agreement.
     7     (a)  General rule.--A plaintiff may file a private criminal
     8  complaint against a defendant, alleging indirect criminal
     9  contempt for a noneconomic violation of any provision of an
    10  order or court-approved consent agreement issued under this
    11  chapter or a foreign protection order, with the court, the
    12  office of the district attorney or the magisterial district
    13  judge in the jurisdiction or county where the violation
    14  occurred, except that, in a city of the first class, a complaint
    15  may only be filed with the family division of the court of
    16  common pleas or the office of the district attorney.
    17     (b)  Procedure service.--Procedure for filing and service of
    18  a private criminal complaint shall be provided as set forth by
    19  local rule. No fees or costs associated with the prosecution of
    20  the private criminal complaint shall be assigned to the
    21  plaintiff at any stage of the proceeding, including, but not
    22  limited to, filing, service, failure to prosecute, withdrawal or
    23  dismissal. Nothing in this subsection is intended to expand or
    24  diminish the court's authority to enter an order pursuant to
    25  Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents.
    26  Representations to the Court. Violation).
    27     (c)  Fees and costs.--After a finding of indirect criminal
    28  contempt, fees and costs may be assessed against the defendant.
    29  The court shall waive fees and costs imposed pursuant to this
    30  chapter, upon a showing of good cause or when the court makes a
    20050H1717B2918                 - 63 -     

     1  finding that the defendant is not able to pay the costs
     2  associated with the indirect criminal contempt action. Nothing
     3  in this subsection is intended to expand or diminish the court's
     4  authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.
     5     Section 12.  Sections 6114 and 6117 of Title 23 are amended
     6  to read:
     7  § 6114.  Contempt for violation of order or agreement.
     8     (a)  General rule.--Where the police, sheriff or the
     9  plaintiff have filed charges of indirect criminal contempt
    10  against a defendant for violation of a protection order issued
    11  under this chapter, a foreign protection order or a court-
    12  approved consent agreement, the court may hold the defendant in
    13  indirect criminal contempt and punish the defendant in
    14  accordance with law.
    15     (a.1)  Jurisdiction.--A court shall have jurisdiction over
    16  indirect criminal contempt charges for violation of a protection
    17  order issued pursuant to this chapter [or a foreign protection
    18  order] in the county where the violation occurred[.] and in the
    19  county where the protection order was granted. A court shall
    20  have jurisdiction over indirect criminal contempt charges for
    21  violation of a foreign protection order in the county where the
    22  violation occurred.
    23     (a.2)  Minor defendant.--Any defendant who is a minor and who
    24  is charged with indirect criminal contempt for allegedly
    25  violating a protection from abuse order shall be considered to
    26  have committed an alleged delinquent act as that term is defined
    27  in 42 Pa.C.S. § 6302 (relating to definitions) and shall be
    28  treated as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile
    29  matters).
    30     (b)  Trial and punishment.--
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     1         (1)  A sentence for contempt under this chapter may
     2     include [imprisonment up to six months or a fine of not less
     3     than $100 nor more than $1,000, or both, and may include
     4     other relief set forth in this chapter. All moneys received
     5     under this section shall be forwarded to the Commonwealth and
     6     shall be used by the Pennsylvania State Police to establish
     7     and maintain the Statewide registry of protection orders
     8     provided for in section 6105 (relating to responsibilities of
     9     law enforcement agencies). The defendant shall not have a
    10     right to a jury trial on such a charge; however, the
    11     defendant shall be entitled to counsel.]:
    12             (i)  (A)  a fine of not less than $300 nor more than
    13             $1,000 and imprisonment up to six months; or
    14                 (B)  a fine of not less than $300 nor more than
    15             $1,000 and supervised probation not to exceed six
    16             months; and
    17             (ii)  an order for other relief set forth in this
    18         chapter.
    19         (2)  All money received under this section shall be
    20     distributed in the following order of priority:
    21             (i)  $100 shall be forwarded to the Commonwealth and
    22         shall be used by APPROPRIATED TO the Pennsylvania State    <--
    23         Police to establish and maintain the Statewide registry
    24         of protection orders provided for in section 6105
    25         (relating to responsibilities of law enforcement
    26         agencies).
    27             (ii)  $100 shall be retained by the county and shall
    28         be used to carry out the provisions of this chapter as
    29         follows:
    30                 (A)  $50 shall be used by the sheriff.
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     1                 (B)  $50 shall be used by the court.
     2             (iii)  $100 shall be forwarded to the Department of
     3         Public Welfare for use for victims of domestic violence
     4         in accordance with the provisions of section 2333 of the
     5         act of April 9, 1929 (P.L.177, No.175), known as The
     6         Administrative Code of 1929.
     7             (iv)  Any additional money shall be forwarded to the
     8         Commonwealth and shall be used by the Pennsylvania State
     9         Police to establish and maintain the Statewide registry
    10         of protection orders provided for in section 6105.
    11         (3)  The defendant shall not have a right to a jury trial
    12     on a charge of indirect criminal contempt. However, the
    13     defendant shall be entitled to counsel.
    14         (4)  Upon conviction for indirect criminal contempt and
    15     at the request of the plaintiff, the court shall also grant
    16     an extension of the protection order for an additional term.
    17         (5)  Upon conviction for indirect criminal contempt, the
    18     court shall notify the sheriff of the jurisdiction which
    19     issued the protection order of the conviction.
    20         (6)  The minimum fine required by subsection (b)(1)
    21     allocated pursuant to subsection (b)(2)(i) and (iii) shall be
    22     used to supplement and not to supplant any other source of
    23     funds received for the purpose of carrying out the provisions
    24     of this chapter.
    25     (c)  Notification upon release.--The appropriate releasing
    26  authority or other official as designated by local rule shall
    27  use all reasonable means to notify the victim sufficiently in
    28  advance of the release of the offender from any incarceration
    29  imposed under subsection (b). Notification shall be required for
    30  work release, furlough, medical leave, community service,
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     1  discharge, escape and recapture. Notification shall include the
     2  terms and conditions imposed on any temporary release from
     3  custody. The plaintiff must keep the appropriate releasing
     4  authority or other official as designated by local rule advised
     5  of contact information; failure to do so will constitute waiver
     6  of any right to notification under this section.
     7     (d)  Multiple remedies.--Disposition of a charge of indirect
     8  criminal contempt shall not preclude the prosecution of other
     9  criminal charges associated with the incident giving rise to the
    10  contempt, nor shall disposition of other criminal charges
    11  preclude prosecution of indirect criminal contempt associated
    12  with the criminal conduct giving rise to the charges.
    13  § 6117.  Procedure and other remedies.
    14     (a)  General rule.--Unless otherwise indicated in this
    15  chapter, a proceeding under this chapter shall be in accordance
    16  with applicable general rules and shall be in addition to any
    17  other available civil or criminal remedies. The plaintiff and
    18  the defendant may seek modification of an order issued under
    19  section 6108 (relating to relief) at any time during the
    20  pendency of an order. [Modification] Except as otherwise
    21  indicated in this chapter, modification may be ordered after the
    22  filing of a petition for modification, service of the petition
    23  and a hearing on the petition.
    24     (b)  Remedies for bad faith.--Notwithstanding any other
    25  provision of law, upon finding that an individual commenced a
    26  proceeding under this chapter in bad faith, a court shall direct
    27  the individual to pay to the defendant actual damages and
    28  reasonable attorney fees. Failure to prove an allegation of
    29  abuse by a preponderance of the evidence shall not, by itself,
    30  result in a finding of bad faith.
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     1     Section 13.  Title 23 is amended by adding sections to read:
     2  § 6119.  Immunity.
     3     (a)  General rule.--Law enforcement agencies and their
     4  employees, including police officers and sheriffs, shall, except
     5  as provided in subsection (b), be immune from civil liability
     6  for actions taken in good faith to carry out their duties
     7  relating to the seizure and relinquishment of firearms, other
     8  weapons and ammunition as provided for in this chapter, except
     9  for gross negligence, intentional misconduct or reckless,
    10  willful or wanton misconduct.
    11     (b)  Exception.--Law enforcement agencies and their
    12  employees, including police officers and sheriffs, shall be
    13  liable to the lawful owner of confiscated, seized or
    14  relinquished firearms in accordance with 18 Pa.C.S. § 6105(f)
    15  (relating to persons not to possess, use, manufacture, control,
    16  sell or transfer firearms) and shall be liable to the lawful
    17  owner of confiscated, seized or relinquished other weapons or
    18  ammunition for any loss, damage or substantial decrease in the
    19  value of the other weapons or ammunition that is a direct result
    20  of a lack of reasonable care by the law enforcement agency or
    21  its employees.
    22  § 6120.  Inability to pay.
    23     (a)  Order for installment payments.--Upon plea and proof
    24  that a person is without the financial means to pay a fine, a
    25  fee, economic relief ordered under section 6108(a)(8) (relating
    26  to relief) or a cost, a court may order payment of money owed in
    27  installments appropriate to the circumstances of the person and
    28  shall fix the amounts, times and manner of payment. Installment   <--
    29  payments shall not exceed two years.
    30     (b)  Use of credit cards.--The treasurer of each county may
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     1  allow the use of credit cards and bank cards in the payment of
     2  money owed under this chapter.
     3  § 6121.  Warrantless searches.
     4     Except as provided in section 6113 (relating to arrest for
     5  violation of order), nothing in this chapter shall authorize a
     6  warrantless search for firearms, other weapons or ammunition.
     7  § 6122.  Construction.
     8     Nothing in this chapter shall be construed to preclude an
     9  action for wrongful use of civil process pursuant to 42 Pa.C.S.
    10  Ch. 83 Subch. E (relating to wrongful use of civil proceedings)
    11  or criminal prosecution for a violation of 18 Pa.C.S. Ch. 49
    12  (relating to falsification and intimidation).
    13     Section 14.  The Pennsylvania Commission on Crime and
    14  Delinquency shall submit a report to the General Assembly three
    15  years after the effective date of this section on the progress
    16  of the Firearms License to Carry Modernization Fund ACCOUNT.      <--
    17     Section 15.  This act shall take effect as follows:
    18         (1)  The addition or amendment of 18 Pa.C.S. § 6109(e)(3)
    19     introductory paragraph, (i), (ii), (v) and (vi) shall take
    20     effect in 90 days.
    21         (2)  The addition or amendment of 18 Pa.C.S. §
    22     6109(e)(3)(iii), (iv) and (4) shall take effect upon
    23     publication of the notice under 18 Pa.C.S. § 6109(h)(2) or
    24     five years and 60 days, whichever is first.
    25         (3)  This section shall take effect immediately.
    26         (4)  The remainder of this act shall take effect in 60     <--
    27     180 days.                                                      <--


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