S0868B1229A06061 LKK:JMT 06/08/20 #90 A06061
AMENDMENTS TO SENATE BILL NO. 868
Sponsor: SENATOR SANTARSIERO
Printer's No. 1229
Amend Bill, page 1, line 7, by inserting after "expenses;"
and,
Amend Bill, page 1, line 9, by striking out "violence" and
inserting
abuse
Amend Bill, page 1, lines 10 and 11, by striking out "; and,
in depositions and witnesses, further providing for rights and
services"
Amend Bill, page 1, line 19, by striking out "violence" and
inserting
abuse
Amend Bill, page 1, lines 19 through 22; page 2, line 1; by
striking out "coercive and" in line 19, all of lines 20 through
22 on page 1 and all of line 1 on page 2 and inserting
abuse within the family or household and can include
abuse of a partner, spouse, child or pet.
Amend Bill, page 2, lines 3 and 4, by striking out "violence,
not all abusers engage in physical violence and most" and
inserting
abuse, these
Amend Bill, page 2, line 4, by inserting after "not"
necessarily
Amend Bill, page 2, line 6, by striking out "Common tactics
used to commit domestic violence" and inserting
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These tactics can
Amend Bill, page 2, lines 8 and 9, by striking out "including
threats to seek custody if the victim leaves,"
Amend Bill, page 2, line 10, by inserting after "and"
threats to seek or
Amend Bill, page 2, lines 15 through 20, by striking out all
of said lines and inserting
(6) It is the intent of the General Assembly to ensure
that in all cases and controversies
Amend Bill, page 2, lines 24 through 29, by striking out all
of said lines
Amend Bill, page 3, lines 9 through 13, by striking out
"following:" in line 9 and all of lines 10 through 13 and
inserting
crime of stalking pursuant to 18 Pa.C.S. § 2709.1
(relating to stalking).
Amend Bill, page 3, lines 16 and 17, by striking out "Ch. 5
(relating to general principles of justification) " and inserting
§ 505 (relating to use of force in self-protection)
Amend Bill, page 3, line 18, by striking out "violence" and
inserting
abuse
Amend Bill, page 3, line 22, by striking out "health, safety
and"
Amend Bill, page 3, lines 24 through 27, by striking out all
of said lines and inserting
"Nonprofessional supervised physical custody." Custodial
time during which an agency or an adult, who is not a licensed
professional designated by the court or agreed upon by the
parties, monitors the interaction between the child and the
individual with those rights.
"Professional supervised physical custody." Custodial time
during which a licensed professional monitors the interaction
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between the child and the individual with those custody rights
and promotes the child's health and safety during the
interaction.
Amend Bill, page 3, line 28, by inserting after "amended"
and the section is amended by adding subsections
Amend Bill, page 4, line 2, by inserting a bracket before
"section"
Amend Bill, page 4, line 2, by striking out the bracket
before "5328(a)(2)"
Amend Bill, page 4, line 2, by striking out "5328" where it
occurs the second time and inserting
sections 5328, 5329 (relating to consideration of criminal
conviction), 5329.1 (relating to consideration of child abuse
and involvement with protective services) and 5330 (relating to
consideration of criminal charge)
Amend Bill, page 4, line 2, by inserting a bracket before
"that"
Amend Bill, page 4, line 3, by inserting after "ongoing"
] a history of abuse of the child or a household member by a
party or
Amend Bill, page 4, line 7, by inserting after "safeguards"
as
Amend Bill, page 4, lines 8 through 15, by striking out "and
to minimize any risk of harm to the child." in line 8 and all of
lines 9 through 15 and inserting
including:
(1) Nonprofessional supervised physical custody.
(2) Professional supervised physical custody.
(3) Limitations on the time of day that physical custody
is permitted or on the number of hours of physical custody
and the maximum number of hours of physical custody permitted
per day or per week.
(4) Appoint a qualified professional specializing in
treatment relating to the history of abuse or risk of harm to
provide counseling. Counseling may include a program of
treatment or individual therapy designed to rehabilitate the
offending individual, which includes issues regarding
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physical or sexual abuse, domestic abuse, the psychology of
the offender and the effects of abuse on the victim and the
child. If counseling is ordered the court may require an
evaluation by the appointed qualified professional to
determine whether further counseling of the offender is
necessary.
(5) Limitations on legal custody.
(6) Any other safety condition, restriction, or
safeguard as necessary to ensure the health and safety of the
child.
(e.1) Supervision.--If a court finds by a preponderance of
the evidence that a party has subjected the child or any
household member to abuse, the court shall be presumed to only
allow nonprofessional supervised physical custody or
professional supervised physical custody between the child and
the party who committed the abuse unless the court makes a
finding on the record that it finds by a preponderance of the
evidence that the party no longer poses a risk of abuse to the
child or any other household member and that another custody
arrangement is in the best interest of the child and will not
cause physical, emotional or psychological harm to the child.
(e.2) Professional supervision.--If a court finds by a
preponderance of the evidence that there is an ongoing risk of
abuse of the child, the court shall be presumed to only allow
professional supervised physical custody between the child and
the party who committed the abuse unless the court makes a
finding on the record that it finds by a preponderance of the
evidence that the party no longer poses a risk of abuse to the
child or any other household member and that another custody
arrangement is in the best interest of the child and will not
cause physical, emotional or psychological harm to the child.
Amend Bill, page 4, lines 26 through 29, by striking out "No
form of custody may be awarded to a" in line 26 and all of lines
27 through 29
Amend Bill, page 4, line 30, by striking out "] (1.1"
Amend Bill, page 5, line 2, by striking out the bracket
before the period after "party"
Amend Bill, page 5, lines 2 through 4, by striking out ",
except in cases of child abuse or domestic" in line 2 and all of
lines 3 and 4
Amend Bill, page 5, line 6, by inserting after "household"
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.[
Amend Bill, page 5, line 9, by inserting a bracket after
"child."
Amend Bill, page 5, lines 13 through 24, by striking out "A
history of abuse committed by a party or member" in line 13 and
all of lines 14 through 24 and inserting
Violent or assaultive behavior committed by a party,
including past or current protection from abuse and sexual
violence abuse protection orders.
(2.3) Which party is more likely to encourage and permit
frequent and continuing contact between the child and another
party if contact is consistent with the health and safety
needs of the child.
Amend Bill, page 6, line 3, by inserting after "child's"
developmental stage,
Amend Bill, page 6, line 4, by striking out "parent" and
inserting
party
Amend Bill, page 6, line 5, by striking out "parent's" and
inserting
party's
Amend Bill, page 6, line 7, by inserting a bracket before
"parent"
Amend Bill, page 6, line 7, by inserting after "parent"
] party
Amend Bill, page 6, line 8, by inserting a bracket before
"parent"
Amend Bill, page 6, line 8, by inserting a bracket after
"parent"
Amend Bill, page 6, lines 8 and 9, by striking out "as proven
by competent and admissible evidence " and inserting
party
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Amend Bill, page 6, line 9, by striking out "child"
Amend Bill, page 6, line 9, by striking out "or"
Amend Bill, page 6, line 9, by inserting a bracket before
"domestic"
Amend Bill, page 6, line 9, by inserting a bracket after
"violence"
Amend Bill, page 6, line 10, by inserting after "the"
health and safety of the
Amend Bill, page 6, lines 11 through 26, by striking out "The
following apply:" in line 11 and all of lines 12 through 26 and
inserting
A party's reasonable concerns for a child's health and
welfare and the party's reasonable efforts to protect the
child shall not be considered attempts to turn the child
against the other party. A child's deficient or negative
relationship with a party shall not be presumed to be caused
by the other party.
Amend Bill, page 7, line 8, by inserting after "child"
or self
Amend Bill, page 7, line 14, by striking out the bracket
before the period after "household"
Amend Bill, page 7, lines 14 through 30; page 8, lines 1
through 20; by striking out "], including, but not limited" in
line 14, all of lines 15 through 30 on page 7 and all of lines 1
through 20 on page 8
Amend Bill, page 8, lines 22 through 30; page 9, lines 1
through 27; by striking out all of said lines on said pages and
inserting
(a.1) Exception.--None of the factors in subsection (a)
shall be adversely weighed against a party if that party or the
child was subjected to abuse by the other party.
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Amend Bill, page 10, by inserting between lines 13 and 14
18 Pa.C.S. § 2701 (relating to simple assault).
18 Pa.C.S. § 2705 (relating to recklessly endangering another
person).
Amend Bill, page 10, by inserting between lines 20 and 21
18 Pa.C.S. § 3011 (relating to trafficking in individuals).
18 Pa.C.S. § 3012 (relating to involuntary servitude).
18 Pa.C.S. § 3013 (relating to patronizing a victim of sexual
servitude).
Amend Bill, page 11, by inserting between lines 8 and 9
18 Pa.C.S. § 5533 (relating to cruelty to animal).
18 Pa.C.S. § 5534 (relating to aggravated cruelty to animal).
18 Pa.C.S. § 5543 (relating to animal fighting).
18 Pa.C.S. § 5544 (relating to possession of animal fighting
paraphernalia).
Amend Bill, page 12, line 2, by inserting a bracket before
"of" where it occurs the second time
Amend Bill, page 12, line 2, by inserting a bracket after
"child"
Amend Bill, page 12, lines 3 and 4, by striking out all of
line 3 and "the child" in line 4
Amend Bill, page 12, line 4, by inserting a bracket before
"shall"
Amend Bill, page 12, line 4, by inserting after "shall"
] may
Amend Bill, page 12, line 11, by striking out "the" where it
occurs the first time and inserting
a
Amend Bill, page 12, line 11, by striking out "establishes"
and inserting
appointed under this section shall establish
Amend Bill, page 12, line 14, by striking out "violence" and
inserting
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abuse
Amend Bill, page 12, line 16, by inserting after "training"
prior to appointment
Amend Bill, page 12, line 20, by inserting a bracket before
"of" where it occurs the second time
Amend Bill, page 12, line 20, by inserting a bracket after
"child"
Amend Bill, page 12, lines 21 and 22, by striking out all of
line 21 and "the child" in line 22
Amend Bill, page 12, line 29, by inserting after "faith."
This section may not apply if that party engaged the
judicial process in good faith to protect the child from harm.
Amend Bill, page 13, line 4, by striking out the period after
"abuse" and inserting
, including fees associated with any form of supervised
physical custody.
Amend Bill, page 13, line 6, by striking out "violence" and
inserting
abuse
Amend Bill, page 13, line 10, by striking out "including"
Amend Bill, page 13, line 10, by striking out the comma after
"judges" where it occurs the second time
Amend Bill, page 13, line 11, by inserting after "litem"
, counsel for children, masters and mediators
Amend Bill, page 13, lines 12 and 13, by striking out
"including child sexual abuse and trauma, domestic violence " and
inserting
which includes all aspects of maltreatment, including sexual
abuse, physical abuse, emotional abuse, implicit and explicit
bias, trauma and neglect
Amend Bill, page 13, line 16, by striking out the period
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after "research" and inserting
by recognized experts in the types of abuse designated under
this section.
Amend Bill, page 13, line 18, by striking out "violence" and
inserting
abuse
Amend Bill, page 13, lines 21 through 30; page 14, lines 1
through 10; by striking out all of said lines on said pages
Amend Bill, page 14, line 11, by striking out "8" and
inserting
7
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See A06061 in
the context
of SB0868