PRIOR PRINTER'S NO. 453 PRINTER'S NO. 2343
No. 418 Session of 1987
INTRODUCED BY LASHINGER, VROON, CHADWICK, D. W. SNYDER, COHEN,
NOYE, MICOZZIE, FOX, HAGARTY, E. Z. TAYLOR, STABACK, TRELLO,
RAYMOND, SWEET, FREEMAN, GODSHALL, HOWLETT, MAIALE, DeLUCA,
FISCHER, VEON, DISTLER, RITTER, ARTY, GEIST, NAHILL, MCVERRY,
STEVENS, KASUNIC, CIVERA, G. SNYDER, HARPER AND MORRIS,
FEBRUARY 24, 1987
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 19, 1987
AN ACT
1 Amending the act of October 7, 1976 (P.L.1090, No.218), entitled
2 "An act relating to abuse of adults and children by a person
3 who resides with them; and providing for remedies and
4 procedures," adding and amending definitions; further
5 providing for practice and procedure, relief and remedies;
6 providing additional professional assistance for parties;
7 providing for confidentiality; and further providing for
8 contempt orders.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 2 of the act of October 7, 1976
12 (P.L.1090, No.218), known as the Protection From Abuse Act,
13 amended June 23, 1978 (P.L.513, No.81), is amended to read:
14 Section 2. Definitions.--As used in this act:
15 "Abuse" means the occurrence of one or more of the following
16 acts between family or household members [who reside together;
17 or who formerly resided together and both parties continue to
18 have legal access to the residence], sexual or intimate partners
1 or persons who share biological parenthood:
2 (i) Attempting to cause or intentionally, knowingly or
3 recklessly causing bodily injury [or], serious bodily injury,
4 rape, spousal sexual assault or involuntary deviate sexual
5 intercourse with or without a deadly weapon.
6 (ii) Placing by physical menace another in fear of imminent
7 serious bodily injury.
8 (iii) The infliction of false imprisonment pursuant to 18
9 Pa.C.S. § 2903 (relating to false imprisonment).
10 (iv) [Sexually] Physically or sexually abusing minor
11 children as defined in this definition or pursuant to the act of
12 November 26, 1975 (P.L.438, No.124), known as the "Child
13 Protective Services Law."
14 "Adult" means any person 18 years of age or older.
15 "Bail commissioners" means bail commissioners of the
16 Municipal Court of Philadelphia.
17 "Confidential communications" means information, whether
18 written or spoken, transmitted between a victim and a domestic
19 violence counselor or advocate in the course of the relationship
20 and in confidence by a means which, insofar as the victim is
21 aware, discloses the information to no third person other than
22 to those who are present to further the interest of the victim
23 in the consultation or assistance, to those who are
24 coparticipants in the counseling service or to those to whom
25 disclosure is reasonably necessary for the transmission of the
26 information or an accomplishment of the purpose for which the
27 domestic violence counselor or advocate is consulted. The term
28 includes information received or given by the domestic violence
29 counselor or advocate in the course of the relationship, as well
30 as advice, reports or working papers given or made in the course
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1 of the relationship.
2 "Court" shall mean the court of common pleas.
3 "Domestic violence counselor/advocate" means an individual
4 who is engaged in a domestic violence program, who provides
5 services to victims of domestic violence, WHO HAS UNDERGONE 40 <--
6 HOURS OF TRAINING and who is under the control of a direct
7 services supervisor of a domestic violence program, the primary
8 purpose of which is the rendering of counseling or assistance to
9 victims of domestic violence.
10 "Domestic violence program" means a nonprofit organization or
11 program whose primary purpose is to provide services to domestic
12 violence victims which include, but are not limited to, crisis
13 hotline; safe homes or shelters; community education; counseling
14 systems intervention and interface; transportation, information
15 and referral; and victim assistance.
16 "Family or household members" means spouses or persons who
17 have been spouses, persons living as spouses or who lived as
18 spouses, parents and children, [or] other persons related by
19 consanguinity or affinity, current or former sexual or intimate
20 partners or persons who share biological parenthood.
21 "Victim" means a person who is physically, psychologically or <--
22 sexually abused by a family or household member.
23 Terms not otherwise defined by this act shall have the
24 meaning given to them by the Crimes Code.
25 Section 2. The act is amended by adding sections to read:
26 Section 3.1. Venue.--An action under this act may be brought
27 in the judicial district where the plaintiff or defendant <--
28 resides or formerly resided, where the plaintiff is employed or <--
29 where an incident of abuse took place. Venue is not barred where <--
30 the victim has removed residence or employment from the judicial
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1 district in which the abuse occurred in order to obtain a
2 residence or employment which the victim believes will render
3 the victim less susceptible to further abuse.
4 Section 3.2. Transfer of Order.--(a) A court shall
5 recognize and enforce a valid order under this act which has
6 been transferred from the issuing court. The court to which a
7 valid order has been transferred shall have authority to enforce
8 or modify the transferred order. Once an order has been
9 transferred, the issuing court shall have continuing authority
10 to enforce the order but relinquishes authority to modify the
11 order.
12 (b) The plaintiff shall proceed in the following manner:
13 (1) Obtain a certified copy of the order of the issuing
14 court endorsed by the prothonotary of that court.
15 (2) Present to the prothonotary of the court to which the
16 plaintiff is seeking transfer:
17 (i) A copy of the pleadings filed with the issuing court.
18 (ii) A certified order.
19 (iii) A motion for transfer.
20 (iv) A proposed order confirming the transfer.
21 (3) Serve the defendant or the defendant's attorney of
22 record with notice of the motion for transfer.
23 (c) A defendant wishing to raise objections to the transfer
24 shall file a petition with the receiving court.
25 (d) (1) Unless the motion, certified order or proposed order
26 is facially defective, the receiving court shall assume
27 jurisdiction over the case.
28 (2) Upon accepting jurisdiction, the court shall give notice
29 to the issuing court, the plaintiff, the defendant and the
30 appropriate local law enforcement agency in the judicial
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1 district of the receiving court by serving upon them a copy of
2 its order confirming transfer and assuming jurisdiction. Service
3 shall be by first class mail.
4 SECTION 3.2. REGISTRATION OF ORDER.--(A) THE PROTHONOTARY <--
5 OF EACH COURT OF COMMON PLEAS SHALL MAINTAIN A REGISTRY IN WHICH
6 IT SHALL ENTER CERTIFIED COPIES OF ORDERS ENTERED BY COURTS FROM
7 OTHER JURISDICTIONS IN THIS COMMONWEALTH PURSUANT TO THE
8 PROVISION OF THIS ACT.
9 (B) A PLAINTIFF WHO OBTAINS A VALID ORDER UNDER THIS ACT MAY
10 REGISTER THAT ORDER IN ANY COUNTY WITHIN THIS COMMONWEALTH WHERE
11 THE PLAINTIFF BELIEVES ENFORCEMENT MAY BE NECESSARY. A COURT
12 SHALL RECOGNIZE AND ENFORCE A VALID ORDER UNDER THIS ACT WHICH
13 HAS BEEN ISSUED BY ANOTHER COURT BUT PROPERLY REGISTERED WITH A
14 COUNTY WITHIN THE JUDICIAL DISTRICT OF THE COURT WHERE
15 ENFORCEMENT IS SOUGHT.
16 (C) A VALID ORDER UNDER THIS ACT MAY BE REGISTERED BY THE
17 PLAINTIFF IN A COUNTY OTHER THAN THE ISSUING COUNTY BY OBTAINING
18 A CERTIFIED COPY OF THE ORDER OF THE ISSUING COURT ENDORSED BY
19 THE PROTHONOTARY OF THAT COURT AND PRESENTING THAT CERTIFIED
20 ORDER TO THE PROTHONOTARY WHERE THE ORDER IS TO BE REGISTERED.
21 (D) UPON RECEIPT OF A CERTIFIED ORDER FOR REGISTRATION, THE
22 PROTHONOTARY SHALL PROVIDE THE PLAINTIFF WITH A COPY BEARING THE
23 PROOF OF REGISTRATION TO BE FILED WITH THE APPROPRIATE LAW
24 ENFORCEMENT AGENCY.
25 Section 3. Section 4 of the act, amended June 23, 1978
26 (P.L.513, No.81), is amended to read:
27 Section 4. Commencement of Proceeding.--(a) [A person] An
28 adult or an emancipated minor may seek relief under this act for
29 himself or herself, or any parent [or], adult household member
30 or guardian ad litem may seek relief under this act on behalf of
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1 minor children, or a guardian of the person of an adult who has
2 been declared incompetent under 20 Pa.C.S. Ch. 51, Subch. B
3 (relating to appointment of guardian) may seek relief on behalf
4 of the incompetent adult, by filing a petition with the court
5 alleging abuse by the defendant.
6 (b) If the plaintiff files an affidavit stating that he or
7 she does not have funds available to pay the costs of filing and
8 service, the petition shall be filed and service shall be made
9 without payment of costs and leave of court to proceed in forma
10 pauperis shall not be required. When the petition is filed
11 without payment of costs, the court shall determine at the
12 hearing on the petition [if the plaintiff is indigent. If the
13 court finds that the plaintiff is not indigent the court may
14 order the plaintiff to pay the court costs.] whether the
15 plaintiff is able to pay the costs of filing and service. If the
16 plaintiff is unable to pay the costs of filing and service, the
17 court may waive the payment of costs or, if the plaintiff
18 prevails in the action, assign them to the defendant. This
19 subsection applies to courts of common pleas, the Municipal
20 Court of Philadelphia, bail commissioners and district justices.
21 (c) The court shall adopt a means of prompt and effective
22 service in those instances where the plaintiff avers that
23 service cannot be safely effected by an adult individual other
24 than a law enforcement officer or where the court so orders.
25 (d) If the plaintiff files an affidavit stating that the
26 plaintiff does not have funds available to pay the costs of
27 filing and service or if the court so orders, the sheriff or
28 other designated agency or individual shall serve the petition
29 and order without prepayment of costs.
30 (e) The petition and orders shall be served upon the
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1 defendant, and orders shall be served upon the police
2 departments with appropriate jurisdiction to enforce the orders.
3 Orders shall be promptly served on the police. Failure to serve
4 shall not stay the effect of a valid order.
5 (f) The courts, district justices, the Municipal Court of
6 Philadelphia and bail commissioners shall:
7 (1) Provide simplified forms and clerical assistance in
8 English and Spanish to help with the writing and filing of the
9 petition for a protection order for an individual not
10 represented by counsel.
11 (2) Advise a plaintiff not represented by counsel of the
12 right to file an affidavit stating that the plaintiff does not
13 have funds available to pay the costs of filing and service and
14 assist with the writing and filing of the affidavit.
15 Section 4. Section 5 of the act is amended to read:
16 Section 5. Hearings.--(a) Within ten days of the filing of
17 a petition under this act a hearing shall be held before the
18 court, at which (hearing) the plaintiff must prove the
19 allegation of abuse by a preponderance of the evidence. The
20 court shall advise the defendant of his right to be represented
21 by counsel.
22 (b) [The court may enter such temporary orders as it deems
23 necessary to protect the plaintiff or minor children from abuse,
24 upon good cause shown in an ex-parte proceeding. Immediate and
25 present danger of abuse to the plaintiff or minor children shall
26 constitute good cause for purposes of this section.] If a
27 plaintiff petitions for temporary order for protection from
28 abuse and alleges immediate and present danger of abuse to the
29 plaintiff or minor children, the court shall conduct an ex-parte
30 proceeding. The court may enter such a temporary order as it
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1 deems necessary to protect the plaintiff or minor children when
2 if finds they are in immediate and present danger of abuse.
3 (c) If a hearing under subsection (a) is continued, the
4 court may make or extend such temporary orders under subsection
5 (b) as it deems necessary.
6 (d) If the plaintiff prevails, the court shall assign costs
7 to the defendant unless the parties agree otherwise. If the
8 defendant is indigent, costs shall be waived.
9 Section 5. Sections 6, 7 and 8 of the act, amended June 23,
10 1978 (P.L.513, No.81), are amended to read:
11 Section 6. Relief.--(a) The court shall be empowered to
12 grant any protection order or approve any consent agreement to
13 bring about a cessation of abuse of the plaintiff or minor
14 children, which may include:
15 (1) Directing the defendant to refrain from abusing the
16 plaintiff or minor children.
17 (2) Granting possession to the plaintiff of the residence or
18 household to the exclusion of the defendant by evicting the
19 defendant and/or restoring possession to the plaintiff when the
20 residence or household is jointly owned or leased by the parties
21 [or], is owned or leased by the entireties [or], is owned or <--
22 leased solely by the plaintiff., is owned or leased by the <--
23 plaintiff and a third party or is owned or leased by a third
24 party.
25 (3) When the defendant has a duty to support the plaintiff
26 or minor children living in the residence or household and the
27 defendant is the sole owner or lessee or jointly owns or leases <--
28 the residence or household with a third party, granting
29 possession to the plaintiff of the residence or household to the
30 exclusion of the defendant by evicting the defendant and/or
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1 restoring possession to the plaintiff, or by consent agreement
2 allowing the defendant to provide suitable, alternate housing.
3 (4) Awarding temporary custody of and/or establishing
4 temporary visitation rights with regard to minor children. A
5 defendant shall not be granted these rights CUSTODY OR PARTIAL <--
6 CUSTODY where it is alleged in the petition, and there is <--
7 substantial evidence at a proceeding or AND THE COURT FINDS <--
8 AFTER A hearing under this act, that the defendant abused the
9 minor children of the parties or where the defendant has been
10 convicted of violating 18 Pa.C.S. § 2904 (relating to
11 interference with custody of children) within two calendar years
12 prior to the filing of the petition for protection order. If a
13 plaintiff petitions for a temporary order under section 5(b) and
14 the defendant has partial, shared or full custody of the minor
15 children of the parties by order of court or written agreement
16 of the parties, the custody shall not be disturbed or changed
17 unless the court finds that the defendant is likely to inflict
18 abuse upon the children or to remove the children from the
19 jurisdiction of the court prior to the hearing under section
20 5(a). Nothing in this paragraph shall bar either party from
21 filing a petition for custody under 23 Pa.C.S. Ch. 53 (relating
22 to custody) or under the Pennsylvania Rules of Civil Procedure.
23 The court shall consider, and may impose on a custody award,
24 conditions necessary to assure the safety of the plaintiff and
25 minor children from abuse.
26 (5) After a hearing in accordance with section 5(a),
27 directing the defendant to pay financial support to such persons
28 as defendant has a duty to support. Such a support order is
29 temporary and any beneficiary of the order must petition for
30 support under the provisions of [the Civil Procedural Support
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1 Act] 23 Pa.C.S. Ch. 43 (relating to support matters generally)
2 within two weeks of the date of the issuance of the protection
3 order. If such a petition is not filed that portion of the
4 protection order requiring the defendant to pay support is void.
5 When there is a subsequent ruling on a petition for support
6 under [the Civil Procedural Support Act] 23 Pa.C.S. Ch. 43 the
7 portion of the protection order requiring the defendant to pay
8 support becomes void.
9 (6) Prohibiting the defendant from having any contact with
10 the plaintiff, including, but not limited to, restraining the
11 defendant from entering the place of employment or business or
12 school of the plaintiff and from harassing the plaintiff or
13 plaintiff's relatives or minor children.
14 (7) Ordering the defendant to temporarily relinquish to the
15 sheriff the defendant's weapons which have been used or been
16 threatened to be used in an incident of abuse against the
17 plaintiff or the minor children. The sheriff shall maintain <--
18 possession of the weapons until the court issues an order
19 specifying the weapons to be relinquished and the persons to
20 whom the weapons shall be relinquished. THE COURT'S ORDER SHALL <--
21 PROVIDE FOR THE RETURN OF THE WEAPONS TO THE DEFENDANT SUBJECT
22 TO SUCH RESTRICTIONS AND CONDITIONS AS THE COURT SHALL DEEM
23 APPROPRIATE TO PROTECT THE PLAINTIFF OR MINOR CHILDREN FROM
24 FURTHER ABUSE THROUGH THE USE OF WEAPONS.
25 (8) Directing the defendant to pay the plaintiff for
26 reasonable losses suffered as a result of the abuse, including
27 medical, dental, relocation and moving expenses; counseling;
28 loss of earnings or support; attorney fees; and other out-of-
29 pocket losses for injuries sustained.
30 (b) Any protection order or approved consent agreement shall
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1 be for a fixed period of time not to exceed one year. The court
2 may amend its order or agreement at any time upon subsequent
3 petition filed by either party.
4 (c) No order or agreement under this act shall in any manner
5 affect title to any real property.
6 Section 7. Notification.--(a) A copy of any order under
7 this act shall be issued to the plaintiff, the defendant and the
8 police department with appropriate jurisdiction to enforce the
9 order or agreement, in accordance with the provisions of this
10 act or as ordered by the court, district justice, the Municipal
11 Court of Philadelphia or bail commissioners.
12 (b) Upon receipt of an order, the police department shall
13 immediately place the order in a county registry of protection
14 orders. The police department shall assure that the registry is
15 current at all times and that orders are removed upon expiration
16 thereof.
17 Section 8. Emergency Relief.--(a) When, in counties with
18 less than four judges, the court is unavailable [from the close
19 of business at the end of the week to the resumption of business
20 at the beginning of the week] during the business day by reason
21 of duties outside the county, illness or vacation, and when, in
22 counties with at least four judges, the court deems itself
23 unavailable from the close of business at the end of each day to
24 the resumption of business the next morning or from the end of
25 the business week to the beginning of the business week, a
26 petition may be filed before a district justice, bail
27 commissioner or Philadelphia Municipal Court Judge who may grant
28 relief in accordance with section 6(a)(1), (2) or (3) if the
29 district justice [or], bail commissioner or Philadelphia
30 Municipal Court Judge deems it necessary to protect the
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1 plaintiff or minor children from abuse, upon good cause shown in
2 an ex-parte proceeding. Immediate and present danger of abuse to
3 the plaintiff or minor children shall constitute good cause for
4 purposes of this section.
5 (b) Any order issued under subsection (a) shall expire as of
6 the resumption of business of the court at the beginning of the
7 [week or within 72 hours, whichever occurs sooner; at which
8 time, the plaintiff may seek a temporary order from the court.]
9 next business day, at which time the court shall schedule
10 hearings on protection orders entered by district justices, bail
11 commissioners or Philadelphia Municipal Court Judges under
12 subsection (a), and automatically continue in effect those <--
13 orders until the hearing occurs. In counties with less than four
14 judges, if the court continues to be unavailable at the
15 beginning of the next business day, the district justice issuing
16 the initial emergency order or any other district justice in
17 that county shall issue a second emergency order upon request of
18 the plaintiff., AT WHICH TIME THE PLAINTIFF MAY SEEK A TEMPORARY <--
19 ORDER FROM THE COURT.
20 (c) Any emergency order issued under this section and any
21 documentation in support thereof shall be immediately certified
22 to the court. Such certification to the court shall have the
23 effect of commencing proceedings under section 4 and invoking
24 the other provisions of this act. If it is not already alleged
25 in a petition for an emergency order, the plaintiff shall file a
26 verified statement setting forth the abuse of defendant at least
27 five days prior to the hearing. Service of the verified
28 statement shall be made subject to section 4(a).
29 (d) Upon issuance of an emergency order, the district
30 justice, bail commissioner or Philadelphia Municipal Court Judge
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1 shall provide the plaintiff instructions regarding the
2 commencement of proceedings in the court of common pleas at the
3 beginning of the next business day and regarding the procedures
4 for initiating a contempt charge should the defendant violate
5 the emergency order. The district justice, a bail commissioner
6 or Philadelphia Municipal Court Judge shall also advise the
7 plaintiff of the existence of programs for victims of domestic
8 violence in the county or in nearby counties and inform the
9 plaintiff of the availability of legal assistance without cost
10 if the plaintiff is unable to pay for them.
11 Section 6. The act is amended by adding sections to read:
12 Section 8.1. Domestic Violence Counselor/Advocate.--A
13 domestic violence counselor/advocate may accompany a party to a
14 hearing under this act. and, when a party is unrepresented by <--
15 counsel, provide assistance to a party in representing the facts
16 germane to the action.
17 Section 8.2. Disclosure of Addresses.--(a) During the
18 course of a proceeding under this act, the court, district
19 justice, Philadelphia Municipal Court Judge or bail commissioner
20 may consider whether the plaintiff or plaintiff's family is
21 endangered by disclosure of the permanent or temporary address
22 of the plaintiff or minor children.
23 (b) Neither in the pleadings nor during proceedings or
24 hearings under this act shall the court, district justice,
25 Philadelphia Municipal Court Judge or bail commissioner require
26 disclosure of the address of a domestic violence program.
27 Section 7. Section 10 of the act, amended June 23, 1978
28 (P.L.513, No.81), is amended to read:
29 Section 10. Contempt.--(a) Upon violation of a protection
30 order issued under this act, or a court approved consent
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1 agreement the court may hold the defendant in indirect criminal
2 contempt and punish him in accordance with the law.
3 (b) Notwithstanding any provision of the law to the contrary
4 any sentence for this contempt may include imprisonment up to
5 six months or a fine not to exceed $1,000 or both and [the] may
6 include other relief set forth in this act. The defendant shall
7 not have a right to a jury trial on such a charge; however, the
8 defendant shall be entitled to counsel.
9 (c) An arrest for violation of an order issued pursuant to
10 this act may be without warrant upon probable cause whether or
11 not the violation is committed in the presence of the police
12 officer. The police officer may verify, if necessary, the
13 existence of a protection order by telephone or radio
14 communication with the appropriate police department, county
15 registry or issuing authority.
16 (c.1) Subsequent to an arrest, the police officer shall
17 seize all weapons used or threatened to be used during the
18 violation of the protection order or during prior incidents of
19 abuse. As soon as it is reasonably possible, the arresting
20 officer shall deliver the confiscated weapons to the office of
21 the sheriff. The sheriff shall maintain possession of the
22 weapons until the court issues an order specifying the weapons
23 to be relinquished and the persons to whom the weapons shall be
24 relinquished.
25 (d) Subsequent to an arrest the defendant shall be taken by
26 the police officer without unnecessary delay before the court
27 [that issued the order] in the judicial district where the
28 contempt is alleged to have occurred. When that court is
29 unavailable the [defendant shall be arraigned before] police
30 officer shall convey the defendant to a district justice
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1 designated as appropriate by local rules of court, or, in cities
2 of the first class [the municipal court, in accordance with the
3 Rules of Criminal Procedure. This section shall not be construed
4 to in any way limit any of the other powers for emergency relief
5 provided in this act.], to a Philadelphia Municipal Court Judge
6 or designated bail commissioner.
7 (e) The defendant shall be afforded a preliminary
8 arraignment without unnecessary delay.
9 (f) This section shall not be construed to in any way limit
10 any of the other powers for emergency relief provided in this
11 act.
12 (g) A hearing on a charge or allegation of indirect criminal
13 contempt shall not preclude a hearing on other criminal charges
14 underlying the contempt, nor shall a hearing on other criminal
15 charges preclude a hearing on a charge of indirect criminal
16 contempt.
17 (h) Notice shall be given to the defendant, in orders issued
18 pursuant to section 6(a)(2) or (3), of the possible
19 ramifications of resumption of residence in the family domicile
20 contrary to court order. Resumption of co-residence on the part
21 of the plaintiff and defendant shall not nullify the provisions
22 of the court order directing the defendant to refrain from
23 abusing the plaintiff or minor children.
24 Section 8. The act is amended by adding sections to read:
25 Section 10.1. Reporting Abuse and Immunity Therefor.--(a) A
26 person having reasonable cause to believe that a person is being
27 abused may report the information to the local police
28 department.
29 (b) The report should contain the name and address of the
30 abused person, information regarding the nature and extent of
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1 the abuse and information which the reporter believes may be
2 helpful to prevent further abuse.
3 (c) A person who makes a report shall be immune from a civil
4 or criminal liability on account of the report unless the person
5 acted in bad faith or with malicious purpose.
6 Section 10.2. Confidentiality.--Unless a victim waives the
7 privilege in a signed writing prior to testimony or disclosure,
8 a domestic violence counselor/advocate shall not be competent
9 nor permitted to testify or to otherwise disclose confidential
10 communications made to or by the counselor/advocate by or to a
11 victim. The privilege shall terminate upon the death of the
12 victim. Neither the domestic violence counselor/advocate nor the
13 victim shall waive the privilege of confidential communications
14 by reporting facts of physical or sexual assault under the act
15 of November 26, 1975 (P.L.438, No.124), known as the "Child
16 Protective Services Law"; a Federal or State mandatory reporting
17 statute; or a local mandatory reporting ordinance.
18 Section 9. This act shall take effect in 60 days.
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