SENATE AMENDED
PRIOR PRINTER'S NOS. 453, 2343, 2671, PRINTER'S NO. 3069
2967
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 AMENDED ON SECOND CONSIDERATION, IN SENATE, APRIL 5, 1988
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; further providing for contempt
8 orders; PROVIDING FOR A DOMESTIC VIOLENCE AND RAPE VICTIM'S <--
9 SERVICE; IMPOSING DUTIES UPON THE DEPARTMENT OF PUBLIC
10 WELFARE; and requiring that the training of local law
11 enforcement officers include instruction concerning
12 protection from abuse.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 2 of the act of October 7, 1976
16 (P.L.1090, No.218), known as the Protection From Abuse Act,
17 amended June 23, 1978 (P.L.513, No.81), is amended to read:
18 Section 2. Definitions.--As used in this act:
19 "Abuse" means the occurrence of one or more of the following
20 acts between family or household members [who reside together;
1 or who formerly resided together and both parties continue to
2 have legal access to the residence], sexual or intimate partners
3 or persons who share biological parenthood:
4 (i) Attempting to cause or intentionally, knowingly or
5 recklessly causing bodily injury [or], serious bodily injury,
6 rape, spousal sexual assault or involuntary deviate sexual
7 intercourse with or without a deadly weapon.
8 (ii) Placing by physical menace another in fear of imminent
9 serious bodily injury.
10 (iii) The infliction of false imprisonment pursuant to 18
11 Pa.C.S. § 2903 (relating to false imprisonment).
12 (iv) [Sexually] Physically or sexually abusing minor
13 children as defined in this definition or pursuant to the act of
14 November 26, 1975 (P.L.438, No.124), known as the "Child
15 Protective Services Law."
16 "Adult" means any person 18 years of age or older.
17 "Bail commissioners" means bail commissioners of the
18 Municipal Court of Philadelphia.
19 "Confidential communications" means information, whether
20 written or spoken, transmitted between a victim and a domestic
21 violence counselor or advocate in the course of the relationship
22 and in confidence by a means which, insofar as the victim is
23 aware, discloses the information to no third person other than
24 to those who are present to further the interest of the victim
25 in the consultation or assistance, to those who are
26 coparticipants in the counseling service or to those to whom
27 disclosure is reasonably necessary for the transmission of the
28 information or an accomplishment of the purpose for which the
29 domestic violence counselor or advocate is consulted. The term
30 includes information received or given by the domestic violence
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1 counselor or advocate in the course of the relationship, as well
2 as advice, reports or working papers given or made in the course
3 of the relationship.
4 "Court" shall mean the court of common pleas.
5 "CRIME" MEANS AN ACT COMMITTED IN PENNSYLVANIA WHICH, IF <--
6 COMMITTED BY A MENTALLY COMPETENT, CRIMINALLY RESPONSIBLE ADULT,
7 WHO HAD NO LEGAL EXEMPTION OR DEFENSE, WOULD CONSTITUTE A CRIME
8 AS DEFINED IN AND PROSCRIBED BY 18 PA.C.S. (RELATING TO CRIMES
9 AND OFFENSES) OR ENUMERATED IN THE ACT OF APRIL 14, 1972
10 (P.L.233, NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE, DRUG,
11 DEVICE AND COSMETIC ACT." HOWEVER, NO ACT INVOLVING THE
12 OPERATION OF A MOTOR VEHICLE WHICH RESULTS IN INJURY SHALL
13 CONSTITUTE A CRIME FOR THE PURPOSE OF THIS ACT UNLESS SUCH
14 INJURY WAS INTENTIONALLY INFLICTED THROUGH THE USE OF A MOTOR
15 VEHICLE.
16 "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC WELFARE OF THE
17 COMMONWEALTH.
18 "DOMESTIC VIOLENCE" MEANS THE OCCURRENCE OF ONE OR MORE OF
19 THE FOLLOWING ACTS BETWEEN FAMILY OR HOUSEHOLD MEMBERS:
20 (I) INTENTIONALLY, KNOWINGLY OR RECKLESSLY CAUSING OR
21 ATTEMPTING TO CAUSE BODILY INJURY.
22 (II) PLACING BY PHYSICAL MENACE ANOTHER IN FEAR OF IMMINENT
23 SERIOUS BODILY INJURY.
24 "DOMESTIC VIOLENCE CENTER" MEANS AN ORGANIZATION, OR THE
25 COORDINATING BODY OF AN ORGANIZATION, WHICH HAS AS ITS PRIMARY
26 PURPOSE THE OPERATION OF DOMESTIC VIOLENCE PROGRAMS.
27 "Domestic violence counselor/advocate" means an individual
28 who is engaged in a domestic violence program, who provides
29 services to victims of domestic violence, who has undergone 40
30 hours of training and who is under the control of a direct
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1 services supervisor of a domestic violence program, the primary
2 purpose of which is the rendering of counseling or assistance to
3 victims of domestic violence.
4 "Domestic violence program" means a nonprofit organization or
5 program whose primary purpose is to provide services to domestic
6 violence victims which include, but are not limited to, crisis
7 hotline; safe homes or shelters; community education; counseling
8 systems intervention and interface; transportation, information
9 and referral; and victim assistance.
10 "Family or household members" means spouses or persons who
11 have been spouses, persons living as spouses or who lived as
12 spouses, parents and children, [or] other persons related by
13 consanguinity or affinity, current or former sexual or intimate
14 partners or persons who share biological parenthood.
15 "RAPE CRISIS CENTER" MEANS AN ORGANIZATION, OR THE <--
16 COORDINATING BODY OF AN ORGANIZATION, WHICH HAS AS ITS PRIMARY
17 PURPOSE THE OPERATION OF RAPE CRISIS PROGRAMS.
18 "RAPE CRISIS PROGRAM" MEANS A PROGRAM WHICH HAS AS ITS
19 PRIMARY PURPOSE THE PROVISION OF DIRECT SERVICES TO VICTIMS OF
20 SEXUAL ASSAULT, INCLUDING, BUT NOT LIMITED TO, CRISIS
21 INTERVENTION, COUNSELING, VICTIM ADVOCACY, INFORMATION AND
22 REFERRAL, VICTIM-WITNESS AND ASSISTANCE, ACCOMPANIMENT THROUGH
23 THE MEDICAL, POLICE AND JUDICIAL SYSTEMS AS WELL AS PROVIDING
24 EDUCATION AND PREVENTION PROGRAMS ON RAPE AND SEXUAL ASSAULTS.
25 "SEXUAL ASSAULT," FOR PURPOSES OF THIS ACT, SHALL CONSTITUTE
26 ANY CONDUCT WHICH IS A CRIME UNDER 18 PA.C.S. CH. 31 (RELATING
27 TO SEXUAL OFFENSES).
28 "Victim" means a person who is physically or sexually abused
29 by a family or household member.
30 Terms not otherwise defined by this act shall have the
19870H0418B3069 - 4 -
1 meaning given to them by the Crimes Code.
2 Section 2. The act is amended by adding sections to read:
3 Section 3.1. Registration of Order.--(a) The prothonotary
4 of each court of common pleas shall maintain a registry in which
5 it shall enter certified copies of orders entered by courts from
6 other jurisdictions in this Commonwealth pursuant to the
7 provision of this act.
8 (b) A plaintiff who obtains a valid order under this act may
9 register that order in any county within this Commonwealth where
10 the plaintiff believes enforcement may be necessary. A court
11 shall recognize and enforce a valid order under this act which
12 has been issued by another court but properly registered with a
13 county within the judicial district of the court where
14 enforcement is sought.
15 (c) A valid order under this act may be registered by the
16 plaintiff in a county other than the issuing county by obtaining
17 a certified copy of the order of the issuing court endorsed by
18 the prothonotary of that court and presenting that certified
19 order to the prothonotary where the order is to be registered.
20 (d) Upon receipt of a certified order for registration, the
21 prothonotary shall provide the plaintiff with a copy bearing the
22 proof of registration to be filed with the appropriate law
23 enforcement agency.
24 Section 3.2. Responsibilities of Local Law Enforcement
25 Agencies.--The police department of each city, borough,
26 incorporated town and township shall insure that all its
27 officers and employees are familiar with the provisions of this
28 act. Instruction concerning protection from abuse shall be made
29 a part of the training curriculum for all trainee officers.
30 Section 3. Section 4 of the act, amended June 23, 1978
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1 (P.L.513, No.81), is amended to read:
2 Section 4. Commencement of Proceeding.--(a) [A person] An
3 adult or an emancipated minor may seek relief under this act for
4 himself or herself, or any parent [or], adult household member
5 or guardian ad litem may seek relief under this act on behalf of
6 minor children, or a guardian of the person of an adult who has
7 been declared incompetent under 20 Pa.C.S. Ch. 51 Subch. B
8 (relating to appointment of guardian) may seek relief on behalf
9 of the incompetent adult, by filing a petition with the court
10 alleging abuse by the defendant.
11 (b) If the plaintiff files an affidavit stating that he or
12 she does not have funds available to pay the costs of filing and
13 service, the petition shall be filed and service shall be made
14 without payment of costs and leave of court to proceed in forma
15 pauperis shall not be required. When the petition is filed
16 without payment of costs, the court shall determine at the
17 hearing on the petition [if the plaintiff is indigent. If the
18 court finds that the plaintiff is not indigent the court may
19 order the plaintiff to pay the court costs.] whether the
20 plaintiff is able to pay the costs of filing and service. If the
21 plaintiff is unable to pay the costs of filing and service, the
22 court may waive the payment of costs or, if the plaintiff
23 prevails in the action, assign them to the defendant. This
24 subsection applies to courts of common pleas, the Municipal
25 Court of Philadelphia, bail commissioners and district justices.
26 (c) The court shall adopt a means of prompt and effective
27 service in those instances where the plaintiff avers that
28 service cannot be safely effected by an adult individual other
29 than a law enforcement officer or where the court so orders.
30 (d) If the plaintiff files an affidavit stating that the
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1 plaintiff does not have funds available to pay the costs of
2 filing and service or if the court so orders, the sheriff or
3 other designated agency or individual shall serve the petition
4 and order without prepayment of costs.
5 (e) The petition and orders shall be served upon the
6 defendant, and orders shall be served upon the police
7 departments with appropriate jurisdiction to enforce the orders.
8 Orders shall be promptly served on the police. Failure to serve
9 shall not stay the effect of a valid order.
10 (f) The courts, district justices, the Municipal Court of
11 Philadelphia and bail commissioners shall:
12 (1) Provide simplified forms and clerical assistance in
13 English and Spanish to help with the writing and filing of the
14 petition for a protection order for an individual not
15 represented by counsel.
16 (2) Advise a plaintiff not represented by counsel of the
17 right to file an affidavit stating that the plaintiff does not
18 have funds available to pay the costs of filing and service and
19 assist with the writing and filing of the affidavit.
20 Section 4. Section 5 of the act is amended to read:
21 Section 5. Hearings.--(a) Within ten days of the filing of
22 a petition under this act a hearing shall be held before the
23 court, at which (hearing) the plaintiff must prove the
24 allegation of abuse by a preponderance of the evidence. The
25 court shall advise the defendant of his right to be represented
26 by counsel.
27 (b) [The court may enter such temporary orders as it deems
28 necessary to protect the plaintiff or minor children from abuse,
29 upon good cause shown in an ex-parte proceeding. Immediate and
30 present danger of abuse to the plaintiff or minor children shall
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1 constitute good cause for purposes of this section.] If a
2 plaintiff petitions for temporary order for protection from
3 abuse and alleges immediate and present danger of abuse to the
4 plaintiff or minor children, the court shall conduct an ex-parte
5 proceeding. The court may enter such a temporary order as it
6 deems necessary to protect the plaintiff or minor children when
7 it finds they are in immediate and present danger of abuse.
8 (c) If a hearing under subsection (a) is continued, the
9 court may make or extend such temporary orders under subsection
10 (b) as it deems necessary.
11 (d) If the plaintiff prevails, the court shall assign costs
12 to the defendant unless the parties agree otherwise. If the
13 defendant is indigent, costs shall be waived.
14 Section 5. Sections 6, 7 and 8 of the act, amended June 23,
15 1978 (P.L.513, No.81), are amended to read:
16 Section 6. Relief.--(a) The court shall be empowered to
17 grant any protection order or approve any consent agreement to
18 bring about a cessation of abuse of the plaintiff or minor
19 children, which may include:
20 (1) Directing the defendant to refrain from abusing the
21 plaintiff or minor children.
22 (2) Granting possession to the plaintiff of the residence or
23 household to the exclusion of the defendant by evicting the
24 defendant and/or restoring possession to the plaintiff when the
25 residence or household is jointly owned or leased by the parties
26 [or], is owned or leased by the entireties or is owned or leased
27 solely by the plaintiff.
28 (3) When the defendant has a duty to support the plaintiff
29 or minor children living in the residence or household and the
30 defendant is the sole owner or lessee, granting possession to
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1 the plaintiff of the residence or household to the exclusion of
2 the defendant by evicting the defendant and/or restoring
3 possession to the plaintiff, or by consent agreement allowing
4 the defendant to provide suitable, alternate housing.
5 (4) Awarding temporary custody of and/or establishing
6 temporary visitation rights with regard to minor children. A
7 defendant shall not be granted custody or partial custody where
8 it is alleged in the petition, and the court finds after a
9 hearing under this act, that the defendant abused the minor
10 children of the parties or where the defendant has been
11 convicted of violating 18 Pa.C.S. § 2904 (relating to
12 interference with custody of children) within two calendar years
13 prior to the filing of the petition for protection order. If a
14 plaintiff petitions for a temporary order under section 5(b) and
15 the defendant has partial, shared or full custody of the minor
16 children of the parties by order of court or written agreement
17 of the parties, the custody shall not be disturbed or changed
18 unless the court finds that the defendant is likely to inflict
19 abuse upon the children or to remove the children from the
20 jurisdiction of the court prior to the hearing under section
21 5(a). Nothing in this paragraph shall bar either party from
22 filing a petition for custody under 23 Pa.C.S. Ch. 53 (relating
23 to custody) or under the Pennsylvania Rules of Civil Procedure.
24 The court shall consider, and may impose on a custody award,
25 conditions necessary to assure the safety of the plaintiff and
26 minor children from abuse.
27 (5) After a hearing in accordance with section 5(a),
28 directing the defendant to pay financial support to such persons
29 as defendant has a duty to support. Such a support order is
30 temporary and any beneficiary of the order must petition for
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1 support under the provisions of [the Civil Procedural Support
2 Act] 23 Pa.C.S. Ch. 43 (relating to support matters generally)
3 within two weeks of the date of the issuance of the protection
4 order. If such a petition is not filed that portion of the
5 protection order requiring the defendant to pay support is void.
6 When there is a subsequent ruling on a petition for support
7 under [the Civil Procedural Support Act] 23 Pa.C.S. Ch. 43 the
8 portion of the protection order requiring the defendant to pay
9 support becomes void.
10 (6) Prohibiting the defendant from having any contact with
11 the plaintiff, including, but not limited to, restraining the
12 defendant from entering the place of employment or business or
13 school of the plaintiff and from harassing the plaintiff or
14 plaintiff's relatives or minor children.
15 (7) Ordering the defendant to temporarily relinquish to the
16 sheriff the defendant's weapons which have been used or been
17 threatened to be used in an incident of abuse against the
18 plaintiff or the minor children. The court's order shall provide
19 for the return of the weapons to the defendant subject to such
20 restrictions and conditions as the court shall deem appropriate
21 to protect the plaintiff or minor children from further abuse
22 through the use of weapons.
23 (8) Directing the defendant to pay the plaintiff for
24 reasonable losses suffered as a result of the abuse, including
25 medical, dental, relocation and moving expenses; counseling;
26 loss of earnings or support; attorney fees; and other out-of- <--
27 pocket losses for injuries sustained. IN ADDITION TO OUT-OF- <--
28 POCKET LOSSES, THE COURT MAY DIRECT THE DEFENDANT TO PAY
29 REASONABLE ATTORNEY FEES.
30 (b) Any protection order or approved consent agreement shall
19870H0418B3069 - 10 -
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] AND (2) OR <--
29 (1) AND (3) if the district justice [or], bail commissioner or
30 Philadelphia Municipal Court Judge deems it necessary to protect
19870H0418B3069 - 11 -
1 the plaintiff or minor children from abuse, upon good cause
2 shown in an ex-parte proceeding. Immediate and present danger of
3 abuse to the plaintiff or minor children shall constitute good
4 cause for 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 shall review and continue in effect
13 protection orders that are necessary to protect the plaintiff or
14 minor children from abuse until the hearing, at which time the
15 plaintiff may seek a temporary order from the court.
16 (c) Any emergency order issued under this section and any
17 documentation in support thereof shall be immediately certified
18 to the court. Such certification to the court shall have the
19 effect of commencing proceedings under section 4 and invoking
20 the other provisions of this act. If it is not already alleged
21 in a petition for an emergency order, the plaintiff shall file a
22 verified statement setting forth the abuse of defendant at least
23 five days prior to the hearing. Service of the verified
24 statement shall be made subject to section 4(a).
25 (d) Upon issuance of an emergency order, the district
26 justice, bail commissioner or Philadelphia Municipal Court Judge
27 shall provide the plaintiff instructions regarding the
28 commencement of proceedings in the court of common pleas at the
29 beginning of the next business day and regarding the procedures
30 for initiating a contempt charge should the defendant violate
19870H0418B3069 - 12 -
1 the emergency order. The district justice, a bail commissioner
2 or Philadelphia Municipal Court Judge shall also advise the
3 plaintiff of the existence of programs for victims of domestic
4 violence in the county or in nearby counties and inform the
5 plaintiff of the availability of legal assistance without cost
6 if the plaintiff is unable to pay for them.
7 Section 6. The act is amended by adding sections to read:
8 Section 8.1. Domestic Violence Counselor/Advocate.--A
9 domestic violence counselor/advocate may accompany a party to a
10 hearing under this act.
11 Section 8.2. Disclosure of Addresses.--(a) During the
12 course of a proceeding under this act, the court, district
13 justice, Philadelphia Municipal Court Judge or bail commissioner
14 may consider whether the plaintiff or plaintiff's family is
15 endangered by disclosure of the permanent or temporary address
16 of the plaintiff or minor children.
17 (b) Neither in the pleadings nor during proceedings or
18 hearings under this act shall the court, district justice,
19 Philadelphia Municipal Court Judge or bail commissioner require
20 disclosure of the address of a domestic violence program.
21 SECTION 8.3. ADDITIONAL COSTS AND GRANTS.--(A) WHERE ANY <--
22 PERSON AFTER THE EFFECTIVE DATE OF THIS ACT PLEADS GUILTY OR
23 NOLO CONTENDERE TO OR IS CONVICTED OF ANY CRIME AS HEREIN
24 DEFINED, THERE SHALL BE IMPOSED IN ADDITION TO ALL OTHER COSTS,
25 AN ADDITIONAL COST IN THE SUM OF $10 FOR THE PURPOSE OF FUNDING
26 THE SERVICES AS DESCRIBED IN THIS ACT. SUCH SUM SHALL BE PAID
27 OVER TO THE STATE TREASURER TO BE DEPOSITED IN THE GENERAL FUND.
28 UNDER NO CONDITION SHALL A POLITICAL SUBDIVISION BE LIABLE FOR
29 THE PAYMENT OF THE $10 IN ADDITIONAL COSTS.
30 (B) THE DEPARTMENT SHALL MAKE GRANTS TO DOMESTIC VIOLENCE
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1 CENTERS AND RAPE CRISIS CENTERS FOR THE OPERATION OF DOMESTIC
2 VIOLENCE PROGRAMS AND RAPE CRISIS PROGRAMS CONSISTENT WITH THIS
3 CHAPTER. IN AWARDING GRANTS, THE DEPARTMENT SHALL CONSIDER THE
4 POPULATION TO BE SERVED, THE GEOGRAPHICAL AREA TO BE SERVICED,
5 THE SCOPE OF THE SERVICES, THE NEED FOR SERVICES, AND THE AMOUNT
6 OF FUNDS PROVIDED FROM OTHER SOURCES.
7 (C) THE DEPARTMENT SHALL MAKE AVAILABLE AT COST TO THE
8 PUBLIC COPIES OF APPLICATIONS THAT HAVE BEEN SUBMITTED OR
9 APPROVED FOR FUNDING AND REPORTS ON ANY FISCAL OR PROGRAMMATIC
10 REVIEWS OF FUNDED PROGRAMS.
11 Section 7. Section 10 of the act, amended June 23, 1978
12 (P.L.513, No.81), is amended to read:
13 Section 10. Contempt.--(a) Upon violation of a protection
14 order issued under this act, or a court approved consent
15 agreement the court may hold the defendant in indirect criminal
16 contempt and punish him in accordance with the law.
17 (b) Notwithstanding any provision of the law to the contrary
18 any sentence for this contempt may include imprisonment up to
19 six months or a fine not to exceed $1,000 or both and [the] may
20 include other relief set forth in this act. The defendant shall
21 not have a right to a jury trial on such a charge; however, the
22 defendant shall be entitled to counsel.
23 (c) An arrest for violation of an order issued pursuant to
24 this act may be without warrant upon probable cause whether or
25 not the violation is committed in the presence of the police
26 officer. The police officer may verify, if necessary, the
27 existence of a protection order by telephone or radio
28 communication with the appropriate police department, county
29 registry or issuing authority.
30 (c.1) Subsequent to an arrest, the police officer shall
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1 seize all weapons used or threatened to be used during the
2 violation of the protection order or during prior incidents of
3 abuse. As soon as it is reasonably possible, the arresting
4 officer shall deliver the confiscated weapons to the office of
5 the sheriff. The sheriff shall maintain possession of the
6 weapons until the court issues an order specifying the weapons
7 to be relinquished and the persons to whom the weapons shall be
8 relinquished.
9 (d) Subsequent to an arrest the defendant shall be taken by
10 the police officer without unnecessary delay before the court
11 [that issued the order] in the judicial district where the
12 contempt is alleged to have occurred. When that court is
13 unavailable the [defendant shall be arraigned before] police
14 officer shall convey the defendant to a district justice
15 designated as appropriate by local rules of court, or, in cities
16 of the first class [the municipal court, in accordance with the
17 Rules of Criminal Procedure. This section shall not be construed
18 to in any way limit any of the other powers for emergency relief
19 provided in this act.], to a Philadelphia Municipal Court Judge
20 or designated bail commissioner.
21 (e) The defendant shall be afforded a preliminary
22 arraignment without unnecessary delay.
23 (f) This section shall not be construed to in any way limit
24 any of the other powers for emergency relief provided in this
25 act.
26 (g) A hearing on a charge or allegation of indirect criminal
27 contempt shall not preclude a hearing on other criminal charges
28 underlying the contempt, nor shall a hearing on other criminal
29 charges preclude a hearing on a charge of indirect criminal
30 contempt.
19870H0418B3069 - 15 -
1 (h) Notice shall be given to the defendant, in orders issued
2 pursuant to section 6(a)(2) or (3), of the possible
3 ramifications of resumption of residence in the family domicile
4 contrary to court order. Resumption of co-residence on the part
5 of the plaintiff and defendant shall not nullify the provisions
6 of the court order directing the defendant to refrain from
7 abusing the plaintiff or minor children.
8 Section 8. The act is amended by adding sections to read:
9 Section 10.1. Reporting Abuse and Immunity Therefor.--(a) A
10 person having reasonable cause to believe that a person is being
11 abused may report the information to the local police
12 department.
13 (b) The report should contain the name and address of the
14 abused person, information regarding the nature and extent of
15 the abuse and information which the reporter believes may be
16 helpful to prevent further abuse.
17 (c) A person who makes a report shall be immune from a civil
18 or criminal liability on account of the report unless the person
19 acted in bad faith or with malicious purpose.
20 Section 10.2. Confidentiality.--Unless a victim waives the
21 privilege in a signed writing prior to testimony or disclosure,
22 a domestic violence counselor/advocate shall not be competent
23 nor permitted to testify or to otherwise disclose confidential
24 communications made to or by the counselor/advocate by or to a
25 victim. The privilege shall terminate upon the death of the
26 victim. Neither the domestic violence counselor/advocate nor the
27 victim shall waive the privilege of confidential communications
28 by reporting facts of physical or sexual assault under the act
29 of November 26, 1975 (P.L.438, No.124), known as the "Child
30 Protective Services Law"; a Federal or State mandatory reporting
19870H0418B3069 - 16 -
1 statute; or a local mandatory reporting ordinance.
2 Section 9. This act shall take effect in 60 days.
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