SENATE AMENDED
PRIOR PRINTER'S NOS. 380, 1186 PRINTER'S NO. 2609
No. 350 Session of 1985
INTRODUCED BY LESCOVITZ, HAGARTY, SWEET, PRATT, COLAFELLA,
PICCOLA, MAYERNIK, DAWIDA, PRESSMANN, BUNT, CHADWICK AND FOX,
FEBRUARY 12, 1985
SENATOR STAUFFER, RULES AND EXECUTIVE NOMINATIONS,
IN SENATE, RE-REPORTED AS AMENDED, DECEMBER 4, 1985
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, authorizing probable cause arrests in
3 certain cases of domestic violence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 2711. Probable cause arrests in domestic violence cases.
9 (a) General rule.--A police officer shall have the same
10 right of arrest without a warrant as in a felony whenever he has
11 probable cause to believe the defendant has violated section
12 2504 (relating to involuntary manslaughter), 2701 (relating to
13 simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
14 assault) or 2705 (relating to recklessly endangering another
15 person) against his spouse or other person with whom he resides
16 or has formerly resided although the offense did not take place
1 in the presence of the police officer. A POLICE OFFICER MAY NOT <--
2 ARREST A PERSON PURSUANT TO THIS SECTION WITHOUT FIRST OBSERVING
3 RECENT PHYSICAL INJURY TO THE VICTIM OR OTHER CORROBORATIVE
4 EVIDENCE.
5 (b) Seizure of weapons.--The arresting police officer shall
6 seize all weapons used by the defendant in the commission of the
7 alleged offense., and may, if exercising his lawful authority to <--
8 do so, seize any other weapons.
9 (c) Bail.--
10 (1) A defendant arrested pursuant to this section shall
11 be afforded a preliminary arraignment by the proper issuing
12 authority without unnecessary delay. In no case shall the
13 arresting officer release the defendant from custody rather
14 than taking the defendant before the issuing authority.
15 (2) In determining whether to admit the defendant to
16 bail, the issuing authority shall consider whether the
17 defendant poses a threat of danger to the victim. If the
18 issuing authority makes such a determination, it shall
19 require as a condition of bail that the defendant shall
20 refrain from entering the residence or household of the
21 victim and the victim's place of employment and shall refrain
22 from committing any further criminal conduct against the
23 victim and shall so notify the defendant thereof at the time
24 the defendant is admitted to bail. Such condition shall not <--
25 exceed a 72-hour period. SUCH CONDITION SHALL EXPIRE AT THE <--
26 TIME OF THE PRELIMINARY HEARING OR UPON THE ENTRY OR THE
27 DENIAL OF THE PROTECTION OF ABUSE ORDER BY THE COURT,
28 WHICHEVER OCCURS FIRST. A violation of this condition shall <--
29 MAY be punishable by the revocation of any form of pretrial <--
30 release or the forfeiture of bail and the issuance of a bench
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1 warrant for the defendant's arrest or remanding him to
2 custody OR A MODIFICATION OF THE TERMS OF THE BAIL. The <--
3 defendant shall be provided a hearing on this matter.
4 (d) Notice of rights.--
5 (1) Upon responding to a domestic violence case, the <--
6 police officer shall ORALLY OR IN WRITING notify the victim <--
7 of the availability of a shelter, INCLUDING ITS TELEPHONE <--
8 NUMBER, or other services in the community. The SAID notice <--
9 shall include furnishing the victim a copy of the following <--
10 statement: "If you are the victim of domestic violence, you
11 have the right to go to court and file a petition requesting
12 an order for protection from domestic abuse pursuant to the
13 act of October 7, 1976 (P.L.1090, No.218), known as the
14 Protection From Abuse Act, which could include the following:
15 (i) (1) An order restraining the abuser from further <--
16 acts of abuse.
17 (ii) (2) An order directing the abuser to leave your <--
18 household.
19 (iii) (3) An order preventing the abuser from <--
20 entering your residence, school, business or place of
21 employment.
22 (iv) (4) An order awarding you or the other parent <--
23 temporary custody of or temporary visitation with your
24 child or children.
25 (v) (5) An order directing the abuser to pay support <--
26 to you and the minor children if the abuser has a legal
27 obligation to do so."
28 (2) The notice shall include the resource listing, <--
29 including the telephone number, for the area battered women's
30 shelter.
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1 Section 2. This act shall take effect in 60 days.
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