S0681B0660A01652 DMS:SRA 05/30/13 #90 A01652

 

 

 

 

AMENDMENTS TO SENATE BILL NO. 681

Sponsor: SENATOR GREENLEAF

Printer's No. 660

 

1Amend Bill, page 3, by inserting between lines 5 and 6

2"Adult." An individual who is 18 years of age or older.

3"Certified copy." A paper copy of the original order of the
4issuing court endorsed by the appropriate clerk of that court or
5an electronic copy of the original order of the issuing court
6endorsed with a digital signature of the judge or appropriate
7clerk of that court, regardless of whether or not there is a
8raised seal on the copy of the order of the issuing court.

9Amend Bill, page 3, by inserting between lines 13 and 14

10"Family or household members." Spouses or persons who have
11been spouses, persons living as spouses or who lived as spouses,
12parents and children, other persons related by consanguinity or
13affinity, current or former sexual or intimate partners or
14persons who share biological parenthood.

15Amend Bill, page 3, by inserting between lines 20 and 21

16"Minor." An individual who is not an adult.

17"Plaintiff." An individual who applies for a protection
18order, either for the benefit of that individual or on behalf of
19another individual.

20Amend Bill, page 4, line 1, by inserting a colon after
21"members"

22Amend Bill, page 4, lines 1 through 4, by striking out ", who 
23are not sexual or intimate partners or who do not" in line 1 and
24all of lines 2 through 4

25Amend Bill, page 4, lines 9 through 11, by striking out all
26of said lines

27Amend Bill, page 4, line 20, by striking out all of said line

28Amend Bill, page 5, by inserting between lines 10 and 11

1(c) Statewide registry.--A record and index of all valid
2temporary and final court orders of protection issued under this
3chapter shall be entered and maintained in the database
4established and maintained by the Pennsylvania State Police
5pursuant to 23 Pa.C.S. § 6105(e) (relating to responsibilities
6of law enforcement agencies).

7Amend Bill, page 6, line 13, by striking out "subsection" and
8inserting

9 section

10Amend Bill, page 6, line 21, by inserting after "order."

11 Under no circumstances shall the plaintiff be obligated
12to serve the petition or protection order.

13Amend Bill, page 6, lines 23 through 25, by striking out "and 
14sheriff with" in line 23 and all of lines 24 and 25 and
15inserting

16, sheriff and district attorney in the jurisdiction where
17the order was entered within two business days.

18Amend Bill, page 7, by inserting between lines 8 and 9

19(3) Provide the plaintiff with a certified copy of any
20protection order entered by the court.

21(f) Effect of departure and nonresidence.--The right of the
22plaintiff to relief under this chapter shall not be affected by
23the defendant's absence from this Commonwealth or the
24defendant's nonresidence in this Commonwealth, provided that the
25court has personal jurisdiction over the defendant in accordance
26with section 5322 (relating to bases of personal jurisdiction
27over persons outside this Commonwealth).

28Amend Bill, page 7, line 10, by inserting after "ten"

29 business

30Amend Bill, page 7, line 12, by inserting after "plaintiff"

31 must assert that the plaintiff or the person on whose
32behalf the petition is brought is a victim of sexual
33violence committed by the defendant and

34Amend Bill, page 7, line 17, by striking out "plaintiff 
35petitions for" and inserting

36 petitioner seeks

37Amend Bill, page 7, line 25, by inserting after "hearings.--"

38The court may grant a continuance of the hearing for good

1cause shown by either party.

2Amend Bill, page 8, line 9, by inserting after "parties"

3 and also prohibiting direct or indirect contact with
4other designated persons

5Amend Bill, page 8, lines 10 through 14, by striking out all
6of lines 10 through 13 and "(3)" in line 14 and inserting

7 (2)

8Amend Bill, page 8, line 18, by inserting after "months."

9 The court may amend its order or agreement at any time
10upon subsequent petition filed by either party.

11Amend Bill, page 8, lines 26 and 27, by striking out "that 
12indicate" and inserting

13 or some other circumstances that, in the discretion of
14the court, demonstrate a

15Amend Bill, page 9, line 14, by inserting after "is"

16 or was

17Amend Bill, page 9, lines 15 and 16, by striking out all of
18line 15 and "incarceration" in line 16 and inserting

19 will be released from custody in the next 90 days or has
20been released from custody within the past 90 days

21Amend Bill, page 9, line 22, by inserting after "defendant"

22, the sheriff

23Amend Bill, page 12, line 9, by inserting after "center"

24 or the plaintiff

25Amend Bill, page 13, line 20, by inserting after "ten"

26 business

27Amend Bill, page 14, line 4, by striking out all of said line
28and inserting

29(b) Procedure service.--

30(1) Procedure for filing and service of

31Amend Bill, page 14, by inserting between lines 6 and 7

32(2) Nothing in this subsection is intended to expand or
33diminish the court's authority to enter an order pursuant to
34Pa.R.C.P. No. 1023.1 (relating to scope. signing of

1documents. representations to the court. violation).

2Amend Bill, page 15, line 12, by inserting after "trial"

3 on the charge of indirect criminal contempt

4Amend Bill, page 17, line 12, by inserting after "victim"

5 who consults a sexual assault counselor for the purpose
6of securing advice, counseling or assistance

7Amend Bill, page 17, line 18, by striking out "a" and 
8inserting

9 the

10Amend Bill, page 17, lines 25 through 28, by striking out 
11"Definition.--As used in this section, the term "victim"" in 
12line 25, all of lines 26 and 27 and "advice, counseling or 
13assistance. The term also includes" in line 28 and inserting

14 Scope.--The provisions of this section applicable to the
15victim shall also apply to

16Amend Bill, page 17, line 29, by striking out "who has a 
17significant relationship with the victim and"

18Amend Bill, page 18, line 6, by inserting after "plaintiff"

19 and the defendant

20Amend Bill, page 18, lines 8 and 9, by striking out ", but a 
21court may not sua sponte modify the order"

 

See A01652 in
the context
of SB0681