SENATE AMENDED
PRIOR PRINTER'S NOS. 2661, 3314 PRINTER'S NO. 3892
No. 2029 Session of 1989
INTRODUCED BY O'DONNELL, ACOSTA, KOSINSKI, CARN, HAYDEN, OLIVER,
JOSEPHS, DONATUCCI, WOGAN, JAMES, KENNEY AND HUGHES,
OCTOBER 23, 1989
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, providing for
3 jurisdiction to enjoin certain nuisances in the City of
4 Philadelphia.
5 AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 42 (JUDICIARY AND <--
6 JUDICIAL PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED
7 STATUTES, PROVIDING FOR PROTECTION FROM ABUSE; FURTHER
8 PROVIDING FOR CRIMINAL MISCHIEF AND FOR INSTITUTIONAL
9 VANDALISM; AND PROVIDING FOR SALE AND DISPLAY OF AEROSOL
10 SPRAY-PAINT CANS AND BROAD-TIPPED MARKERS, FOR JURISDICTION
11 TO ENJOIN CERTAIN NUISANCES IN THE CITY OF PHILADELPHIA AND
12 FOR SENTENCING FOR CRIMINAL MISCHIEF.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1123(a) of Title 42 of the Pennsylvania <--
16 Consolidated Statutes is amended by adding paragraphs to read:
17 SECTION 1. SECTIONS 3304 AND 3307 OF TITLE 18 OF THE <--
18 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
19 § 3304. CRIMINAL MISCHIEF.
20 (A) OFFENSE DEFINED.--A PERSON IS GUILTY OF CRIMINAL
21 MISCHIEF IF HE:
1 (1) DAMAGES TANGIBLE PROPERTY OF ANOTHER INTENTIONALLY,
2 RECKLESSLY, OR BY NEGLIGENCE IN THE EMPLOYMENT OF FIRE,
3 EXPLOSIVES, OR OTHER DANGEROUS MEANS LISTED IN SECTION
4 3302(A) OF THIS TITLE (RELATING TO CAUSING OR RISKING
5 CATASTROPHE);
6 (2) INTENTIONALLY OR RECKLESSLY TAMPERS WITH TANGIBLE
7 PROPERTY OF ANOTHER SO AS TO ENDANGER PERSON OR PROPERTY;
8 [OR]
9 (3) INTENTIONALLY OR RECKLESSLY CAUSES ANOTHER TO SUFFER
10 PECUNIARY LOSS BY DECEPTION OR THREAT[.];
11 (4) INTENTIONALLY DEFACES OR OTHERWISE DAMAGES TANGIBLE
12 PUBLIC PROPERTY OR TANGIBLE PROPERTY OF ANOTHER WITH AN
13 AEROSOL SPRAY-PAINT CAN, BROAD-TIPPED INDELIBLE MARKER OR
14 OTHER MARKING, SCRATCHING OR DEFACING DEVICE; OR
15 (5) CARRIES AN AEROSOL SPRAY-PAINT CAN, BROAD-TIPPED
16 INDELIBLE MARKER OR OTHER MARKING, SCRATCHING OR DEFACING
17 DEVICE ONTO REAL PROPERTY WITH INTENT TO DEFACE OR OTHERWISE
18 DAMAGE TANGIBLE PUBLIC PROPERTY OR TANGIBLE PROPERTY OF
19 ANOTHER WITH AN AEROSOL SPRAY-PAINT CAN, BROAD-TIPPED
20 INDELIBLE MARKER OR OTHER MARKING, SCRATCHING OR DEFACING
21 DEVICE.
22 (B) GRADING.--CRIMINAL MISCHIEF IS A FELONY OF THE THIRD
23 DEGREE IF THE ACTOR INTENTIONALLY CAUSES PECUNIARY LOSS IN
24 EXCESS OF $5,000, OR A SUBSTANTIAL INTERRUPTION OR IMPAIRMENT OF
25 PUBLIC COMMUNICATION, TRANSPORTATION, SUPPLY OF WATER, GAS OR
26 POWER, OR OTHER PUBLIC SERVICE. IT IS A MISDEMEANOR OF THE
27 SECOND DEGREE IF THE ACTOR INTENTIONALLY CAUSES PECUNIARY LOSS
28 IN EXCESS OF $1,000, OR A MISDEMEANOR OF THE THIRD DEGREE IF HE
29 INTENTIONALLY OR RECKLESSLY CAUSES PECUNIARY LOSS IN EXCESS OF
30 $500. OTHERWISE CRIMINAL MISCHIEF IS A SUMMARY OFFENSE.
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1 § 3307. INSTITUTIONAL VANDALISM.
2 (A) OFFENSES DEFINED.--A PERSON COMMITS THE OFFENSE OF
3 INSTITUTIONAL VANDALISM IF HE KNOWINGLY DESECRATES, AS DEFINED
4 IN SECTION 5509 (RELATING TO DESECRATION OF VENERATED OBJECTS),
5 VANDALIZES, DEFACES OR OTHERWISE DAMAGES:
6 (1) ANY CHURCH, SYNAGOGUE OR OTHER FACILITY OR PLACE
7 USED FOR RELIGIOUS WORSHIP OR OTHER RELIGIOUS PURPOSES;
8 (2) ANY CEMETERY, MORTUARY OR OTHER FACILITY USED FOR
9 THE PURPOSE OF BURIAL OR MEMORIALIZING THE DEAD;
10 (3) ANY SCHOOL, EDUCATIONAL FACILITY, COMMUNITY CENTER,
11 MUNICIPAL BUILDING, COURTHOUSE FACILITY OR JUVENILE DETENTION
12 CENTER;
13 (4) THE GROUNDS ADJACENT TO AND OWNED OR OCCUPIED BY ANY
14 FACILITY SET FORTH IN PARAGRAPH (1), (2) OR (3); OR
15 (5) ANY PERSONAL PROPERTY LOCATED IN ANY FACILITY SET
16 FORTH IN THIS SUBSECTION.
17 (A.1) ILLEGAL POSSESSION.--A PERSON COMMITS THE OFFENSE OF
18 INSTITUTIONAL VANDALISM IF, WITH INTENT TO VIOLATE SUBSECTION
19 (A), THE PERSON CARRIES AN AEROSOL SPRAY-PAINT CAN, BROAD-TIPPED
20 INDELIBLE MARKER OR OTHER MARKING, SCRATCHING OR DEFACING DEVICE
21 ONTO PROPERTY IDENTIFIED IN SUBSECTION (A).
22 (B) GRADING.--AN OFFENSE UNDER THIS SECTION IS A FELONY OF
23 THE THIRD DEGREE IF THE ACT IS ONE OF DESECRATION AS DEFINED IN
24 SECTION 5509 OR IF THE ACTOR CAUSES PECUNIARY LOSS IN EXCESS OF
25 $5,000. PECUNIARY LOSS INCLUDES THE COST OF REPAIR OR
26 REPLACEMENT OF THE PROPERTY AFFECTED. OTHERWISE, INSTITUTIONAL
27 VANDALISM IS A MISDEMEANOR OF THE SECOND DEGREE.
28 (C) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A.1) AND
29 WHO, IN THE OPINION OF THE COURT, WOULD BENEFIT, SHALL BE
30 SENTENCED TO A MANDATORY TERM OF SUPERVISED COMMUNITY SERVICE OF
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1 NOT LESS THAN 50 DAYS NOR MORE THAN 74 DAYS.
2 (D) CONSEQUENCES.--SATISFACTORY COMPLETION OF THE COMMUNITY
3 SERVICE PROGRAM SHALL RESULT IN A DISMISSAL OF CHARGES AND
4 EXPUNGEMENT OF THE RECORD OF THE PERSON CONVICTED UNDER THIS
5 SECTION. THE COURT SHALL FOLLOW PROCEDURES SIMILAR TO THOSE
6 ESTABLISHED FOR THE ACCELERATED REHABILITATIVE DISPOSITION
7 PROGRAM.
8 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
9 § 7326. SALE AND DISPLAY OF AEROSOL SPRAY-PAINT CANS AND BROAD-
10 TIPPED MARKERS.
11 (A) OFFENSE DEFINED.--
12 (1) A PERSON MAY NOT SELL OR OFFER TO SELL AN AEROSOL
13 SPRAY-PAINT CAN OR BROAD-TIPPED INDELIBLE MARKER TO ANY
14 PERSON UNDER 18 YEARS OF AGE UNLESS THE PURCHASER IS
15 ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.
16 (2) PERSONS WHO SELL OR OFFER TO SELL SUCH CANS OR
17 MARKERS SHALL NOT DISPLAY THESE ITEMS AND MAY DISPLAY ONLY
18 FACSIMILES OF SUCH CANS OR MARKERS CONTAINING NO PAINT OR
19 INK.
20 (3) NO PERSON UNDER 18 YEARS OF AGE SHALL AT THE TIME OF
21 PURCHASE OF ITEMS SPECIFIED IN PARAGRAPH (1) KNOWINGLY
22 FURNISH FRAUDULENT EVIDENCE OF AGE, INCLUDING, BUT NOT
23 LIMITED TO, A MOTOR VEHICLE OPERATOR'S LICENSE, A
24 REGISTRATION CERTIFICATE ISSUED UNDER THE SELECTIVE SERVICE
25 ACT OF 1948 (62 STAT. 604, 50 U.S.C. APP. §§ 451-470 AND
26 1001-1017), OR AN IDENTIFICATION CARD ISSUED BY A FEDERAL,
27 STATE, COUNTY OR MUNICIPAL GOVERNMENT.
28 (B) PENALTY.--A PERSON WHO VIOLATES THIS SECTION COMMITS A
29 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
30 A FINE OF NOT MORE THAN $1,000 OR TO IMPRISONMENT FOR NOT MORE
19890H2029B3892 - 4 -
1 THAN SIX MONTHS, OR BOTH.
2 SECTION 3. SECTION 1123(A) OF TITLE 42 IS AMENDED BY ADDING
3 PARAGRAPHS TO READ:
4 § 1123. Jurisdiction and venue.
5 (a) General rule.--Except as otherwise prescribed by any
6 general rule adopted pursuant to section 503 (relating to
7 reassignment of matters), the Philadelphia Municipal Court shall
8 have jurisdiction of the following matters:
9 * * *
10 (7) Actions to enjoin any nuisance caused by the
11 operation of a licensee or occurring on licensed premises
12 subject to the act of April 12, 1951 (P.L.90, No.21), known
13 as the Liquor Code.
14 (8) Any action to enjoin a common law nuisance or a
15 nuisance which involves a violation of any city ordinance or
16 code, or any penal statute. The action to enjoin may be
17 brought by any person who resides or has a place of business
18 within 500 feet of the location of the alleged nuisance.
19 * * *
20 SECTION 4. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ: <--
21 CHAPTER 67
22 PROTECTION FROM ABUSE
23 SEC.
24 6701. SHORT TITLE OF CHAPTER.
25 6702. DEFINITIONS.
26 6703. EFFECT OF DEPARTURE TO AVOID ABUSE.
27 6704. REGISTRATION OF ORDER.
28 6705. RESPONSIBILITIES OF LOCAL LAW ENFORCEMENT AGENCIES.
29 6706. COMMENCEMENT OF PROCEEDINGS.
30 6707. HEARINGS.
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1 6708. RELIEF.
2 6709. SERVICE OF ORDERS.
3 6710. EMERGENCY RELIEF BY MINOR JUDICIARY.
4 6711. DOMESTIC VIOLENCE COUNSELOR/ADVOCATE.
5 6712. DISCLOSURE OF ADDRESSES.
6 6713. ARREST FOR VIOLATION OF ORDER.
7 6714. CONTEMPT FOR VIOLATION OF ORDER OR AGREEMENT.
8 6715. REPORTING ABUSE AND IMMUNITY.
9 6716. CONFIDENTIALITY.
10 6717. PROCEDURE AND OTHER REMEDIES.
11 § 6701. SHORT TITLE OF CHAPTER.
12 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
13 PROTECTION FROM ABUSE ACT.
14 § 6702. DEFINITIONS.
15 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
16 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
17 CONTEXT CLEARLY INDICATES OTHERWISE:
18 "ABUSE." THE OCCURRENCE OF ONE OR MORE OF THE FOLLOWING ACTS
19 BETWEEN FAMILY OR HOUSEHOLD MEMBERS, SEXUAL OR INTIMATE PARTNERS
20 OR PERSONS WHO SHARE BIOLOGICAL PARENTHOOD:
21 (1) ATTEMPTING TO CAUSE OR INTENTIONALLY, KNOWINGLY OR
22 RECKLESSLY CAUSING BODILY INJURY, SERIOUS BODILY INJURY,
23 RAPE, SPOUSAL SEXUAL ASSAULT OR INVOLUNTARY DEVIATE SEXUAL
24 INTERCOURSE WITH OR WITHOUT A DEADLY WEAPON.
25 (2) PLACING BY PHYSICAL MENACE ANOTHER IN FEAR OF
26 IMMINENT SERIOUS BODILY INJURY.
27 (3) THE INFLICTION OF FALSE IMPRISONMENT PURSUANT TO 18
28 PA.C.S. § 2903 (RELATING TO FALSE IMPRISONMENT).
29 (4) PHYSICALLY OR SEXUALLY ABUSING MINOR CHILDREN.
30 "ADULT." AN INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER.
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1 "BAIL COMMISSIONERS." BAIL COMMISSIONERS OF THE PHILADELPHIA
2 MUNICIPAL COURT.
3 "CONFIDENTIAL COMMUNICATIONS." INFORMATION, WHETHER WRITTEN
4 OR SPOKEN, TRANSMITTED BETWEEN A VICTIM AND A DOMESTIC VIOLENCE
5 COUNSELOR OR ADVOCATE IN THE COURSE OF THE RELATIONSHIP AND IN
6 CONFIDENCE BY A MEANS WHICH, INSOFAR AS THE VICTIM IS AWARE,
7 DISCLOSES THE INFORMATION TO NO THIRD PERSON OTHER THAN TO THOSE
8 WHO ARE PRESENT TO FURTHER THE INTEREST OF THE VICTIM IN THE
9 CONSULTATION OR ASSISTANCE, TO THOSE WHO ARE COPARTICIPANTS IN
10 THE COUNSELING SERVICE OR TO THOSE TO WHOM DISCLOSURE IS
11 REASONABLY NECESSARY FOR THE TRANSMISSION OF THE INFORMATION OR
12 AN ACCOMPLISHMENT OF THE PURPOSE FOR WHICH THE DOMESTIC VIOLENCE
13 COUNSELOR OR ADVOCATE IS CONSULTED. THE TERM INCLUDES
14 INFORMATION RECEIVED OR GIVEN BY THE DOMESTIC VIOLENCE COUNSELOR
15 OR ADVOCATE IN THE COURSE OF THE RELATIONSHIP, AS WELL AS
16 ADVICE, REPORTS OR WORKING PAPERS GIVEN OR MADE IN THE COURSE OF
17 THE RELATIONSHIP.
18 "DOMESTIC VIOLENCE COUNSELOR/ADVOCATE." AN INDIVIDUAL WHO IS
19 ENGAGED IN A DOMESTIC VIOLENCE PROGRAM, WHO PROVIDES SERVICES TO
20 VICTIMS OF DOMESTIC VIOLENCE, WHO HAS UNDERGONE 40 HOURS OF
21 TRAINING AND WHO IS UNDER THE CONTROL OF A DIRECT SERVICES
22 SUPERVISOR OF A DOMESTIC VIOLENCE PROGRAM, THE PRIMARY PURPOSE
23 OF WHICH IS THE RENDERING OF COUNSELING OR ASSISTANCE TO VICTIMS
24 OF DOMESTIC VIOLENCE.
25 "DOMESTIC VIOLENCE PROGRAM." A NONPROFIT ORGANIZATION OR
26 PROGRAM WHOSE PRIMARY PURPOSE IS TO PROVIDE SERVICES TO DOMESTIC
27 VIOLENCE VICTIMS WHICH INCLUDE, BUT ARE NOT LIMITED TO, CRISIS
28 HOTLINE; SAFE HOMES OR SHELTERS; COMMUNITY EDUCATION; COUNSELING
29 SYSTEMS INTERVENTION AND INTERFACE; TRANSPORTATION, INFORMATION
30 AND REFERRAL; AND VICTIM ASSISTANCE.
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1 "FAMILY OR HOUSEHOLD MEMBERS." SPOUSES OR PERSONS WHO HAVE
2 BEEN SPOUSES, PERSONS LIVING AS SPOUSES OR WHO LIVED AS SPOUSES,
3 PARENTS AND CHILDREN, OTHER PERSONS RELATED BY CONSANGUINITY OR
4 AFFINITY, CURRENT OR FORMER SEXUAL OR INTIMATE PARTNERS OR
5 PERSONS WHO SHARE BIOLOGICAL PARENTHOOD.
6 "MINOR." AN INDIVIDUAL WHO IS NOT AN ADULT.
7 "VICTIM." A PERSON WHO IS PHYSICALLY OR SEXUALLY ABUSED BY A
8 FAMILY OR HOUSEHOLD MEMBER.
9 § 6703. EFFECT OF DEPARTURE TO AVOID ABUSE.
10 THE RIGHT OF PLAINTIFF TO RELIEF UNDER THIS CHAPTER SHALL NOT
11 BE AFFECTED BY PLAINTIFF LEAVING THE RESIDENCE OR HOUSEHOLD TO
12 AVOID FURTHER ABUSE.
13 § 6704. REGISTRATION OF ORDER.
14 (A) REGISTRY.--THE PROTHONOTARY SHALL MAINTAIN A REGISTRY IN
15 WHICH IT SHALL ENTER CERTIFIED COPIES OF ORDERS ENTERED BY
16 COURTS FROM OTHER JURISDICTIONS IN THIS COMMONWEALTH PURSUANT TO
17 THIS CHAPTER.
18 (B) REGISTRATION OF ORDER IN ANY COUNTY.--A PLAINTIFF WHO
19 OBTAINS A VALID ORDER UNDER THIS CHAPTER MAY REGISTER THAT ORDER
20 IN ANY COUNTY WITHIN THIS COMMONWEALTH WHERE THE PLAINTIFF
21 BELIEVES ENFORCEMENT MAY BE NECESSARY. A COURT SHALL RECOGNIZE
22 AND ENFORCE A VALID ORDER UNDER THIS CHAPTER WHICH HAS BEEN
23 ISSUED BY ANOTHER COURT BUT PROPERLY REGISTERED WITH A COUNTY
24 WITHIN THE JUDICIAL DISTRICT OF THE COURT WHERE ENFORCEMENT IS
25 SOUGHT.
26 (C) CERTIFIED COPY.--A VALID ORDER UNDER THIS CHAPTER MAY BE
27 REGISTERED BY THE PLAINTIFF IN A COUNTY OTHER THAN THE ISSUING
28 COUNTY BY OBTAINING A CERTIFIED COPY OF THE ORDER OF THE ISSUING
29 COURT ENDORSED BY THE PROTHONOTARY OF THAT COURT AND PRESENTING
30 THAT CERTIFIED ORDER TO THE PROTHONOTARY WHERE THE ORDER IS TO
19890H2029B3892 - 8 -
1 BE REGISTERED.
2 (D) PROOF OF REGISTRATION.--UPON RECEIPT OF A CERTIFIED
3 ORDER FOR REGISTRATION, THE PROTHONOTARY SHALL PROVIDE THE
4 PLAINTIFF WITH A COPY BEARING THE PROOF OF REGISTRATION TO BE
5 FILED WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY.
6 § 6705. RESPONSIBILITIES OF LOCAL LAW ENFORCEMENT AGENCIES.
7 THE POLICE DEPARTMENT OF EACH MUNICIPAL CORPORATION SHALL
8 INSURE THAT ALL ITS OFFICERS AND EMPLOYEES ARE FAMILIAR WITH THE
9 PROVISIONS OF THIS CHAPTER. INSTRUCTION CONCERNING PROTECTION
10 FROM ABUSE SHALL BE MADE A PART OF THE TRAINING CURRICULUM FOR
11 ALL TRAINEE OFFICERS.
12 § 6706. COMMENCEMENT OF PROCEEDINGS.
13 (A) GENERAL RULE.--AN ADULT OR AN EMANCIPATED MINOR MAY SEEK
14 RELIEF UNDER THIS CHAPTER FOR THAT PERSON OR ANY PARENT, ADULT
15 HOUSEHOLD MEMBER OR GUARDIAN AD LITEM MAY SEEK RELIEF UNDER THIS
16 CHAPTER ON BEHALF OF MINOR CHILDREN, OR A GUARDIAN OF THE PERSON
17 OF AN ADULT WHO HAS BEEN DECLARED INCOMPETENT UNDER 20 PA.C.S.
18 CH. 51 SUBCH. B (RELATING TO APPOINTMENT OF GUARDIAN) MAY SEEK
19 RELIEF ON BEHALF OF THE INCOMPETENT ADULT, BY FILING A PETITION
20 WITH THE COURT ALLEGING ABUSE BY THE DEFENDANT.
21 (B) AFFIDAVIT OF INSUFFICIENT FUNDS FOR FEES.--IF THE
22 PLAINTIFF FILES AN AFFIDAVIT STATING THAT PLAINTIFF DOES NOT
23 HAVE FUNDS AVAILABLE TO PAY THE FEES FOR FILING AND SERVICE, THE
24 PETITION SHALL BE FILED AND SERVICE SHALL BE MADE WITHOUT
25 PAYMENT OF FEES, AND LEAVE OF COURT TO PROCEED IN FORMA PAUPERIS
26 SHALL NOT BE REQUIRED.
27 (C) DETERMINATION OF INDIGENCY.--WHEN THE PETITION IS FILED
28 WITHOUT PAYMENT OF FEES, THE COURT SHALL DETERMINE AT THE
29 HEARING ON THE PETITION WHETHER THE PLAINTIFF IS ABLE TO PAY THE
30 COSTS OF FILING AND SERVICE. IF THE PLAINTIFF IS UNABLE TO PAY
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1 THE COSTS OF FILING AND SERVICE, THE COURT MAY WAIVE THE PAYMENT
2 OF COSTS OR, IF THE PLAINTIFF PREVAILS IN THE ACTION, ASSIGN
3 THEM TO THE DEFENDANT. THIS SUBSECTION AND SUBSECTION (B) APPLY
4 TO COURTS OF COMMON PLEAS, DISTRICT JUSTICES, OR, IN
5 PHILADELPHIA COUNTY, TO BAIL COMMISSIONERS, PHILADELPHIA
6 MUNICIPAL COURT JUDGES, OR MASTERS WHO ARE MEMBERS OF THE
7 PENNSYLVANIA BAR AND WHO ARE APPOINTED BY THE PRESIDENT JUDGE OF
8 THE PHILADELPHIA MUNICIPAL COURT.
9 (D) COURT TO ADOPT MEANS OF SERVICE.--THE COURT SHALL ADOPT
10 A MEANS OF PROMPT AND EFFECTIVE SERVICE IN THOSE INSTANCES WHERE
11 THE PLAINTIFF AVERS THAT SERVICE CANNOT BE SAFELY EFFECTED BY AN
12 ADULT INDIVIDUAL OTHER THAN A LAW ENFORCEMENT OFFICER OR WHERE
13 THE COURT SO ORDERS.
14 (E) SERVICE BY SHERIFF.--IF THE PLAINTIFF FILES AN AFFIDAVIT
15 STATING THAT THE PLAINTIFF DOES NOT HAVE FUNDS AVAILABLE TO PAY
16 THE COSTS OF FILING AND SERVICE OR IF THE COURT SO ORDERS, THE
17 SHERIFF OR OTHER DESIGNATED AGENCY OR INDIVIDUAL SHALL SERVE THE
18 PETITION AND ORDER WITHOUT PREPAYMENT OF COSTS.
19 (F) SERVICE OF PETITION AND ORDERS.--THE PETITION AND ORDERS
20 SHALL BE SERVED UPON THE DEFENDANT, AND ORDERS SHALL BE SERVED
21 UPON THE POLICE DEPARTMENTS WITH APPROPRIATE JURISDICTION TO
22 ENFORCE THE ORDERS. ORDERS SHALL BE PROMPTLY SERVED ON THE
23 POLICE. FAILURE TO SERVE SHALL NOT STAY THE EFFECT OF A VALID
24 ORDER.
25 (G) ASSISTANCE AND ADVICE TO PLAINTIFF.--THE COURTS,
26 DISTRICT JUSTICES, OR, IN PHILADELPHIA COUNTY, THE BAIL
27 COMMISSIONERS, PHILADELPHIA MUNICIPAL COURT JUDGES, OR MASTERS
28 WHO ARE MEMBERS OF THE PENNSYLVANIA BAR AND WHO ARE APPOINTED BY
29 THE PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT, SHALL:
30 (1) PROVIDE SIMPLIFIED FORMS AND CLERICAL ASSISTANCE IN
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1 ENGLISH AND SPANISH TO HELP WITH THE WRITING AND FILING OF
2 THE PETITION FOR A PROTECTION ORDER FOR AN INDIVIDUAL NOT
3 REPRESENTED BY COUNSEL.
4 (2) ADVISE A PLAINTIFF NOT REPRESENTED BY COUNSEL OF THE
5 RIGHT TO FILE AN AFFIDAVIT STATING THAT THE PLAINTIFF DOES
6 NOT HAVE FUNDS AVAILABLE TO PAY THE COSTS OF FILING AND
7 SERVICE AND ASSIST WITH THE WRITING AND FILING OF THE
8 AFFIDAVIT.
9 § 6707. HEARINGS.
10 (A) GENERAL RULE.--WITHIN TEN DAYS OF THE FILING OF A
11 PETITION UNDER THIS CHAPTER, A HEARING SHALL BE HELD BEFORE THE
12 COURT, AT WHICH THE PLAINTIFF MUST PROVE THE ALLEGATION OF ABUSE
13 BY A PREPONDERANCE OF THE EVIDENCE. THE COURT SHALL ADVISE THE
14 DEFENDANT OF THE RIGHT TO BE REPRESENTED BY COUNSEL.
15 (B) TEMPORARY ORDERS.--IF A PLAINTIFF PETITIONS FOR
16 TEMPORARY ORDER FOR PROTECTION FROM ABUSE AND ALLEGES IMMEDIATE
17 AND PRESENT DANGER OF ABUSE TO THE PLAINTIFF OR MINOR CHILDREN,
18 THE COURT SHALL CONDUCT AN EX-PARTE PROCEEDING. THE COURT MAY
19 ENTER SUCH A TEMPORARY ORDER AS IT DEEMS NECESSARY TO PROTECT
20 THE PLAINTIFF OR MINOR CHILDREN WHEN IT FINDS THEY ARE IN
21 IMMEDIATE AND PRESENT DANGER OF ABUSE.
22 (C) CONTINUED HEARINGS.--IF A HEARING UNDER SUBSECTION (A)
23 IS CONTINUED, THE COURT MAY MAKE OR EXTEND SUCH TEMPORARY ORDERS
24 UNDER SUBSECTION (B) AS IT DEEMS NECESSARY.
25 (D) COSTS.--IF THE PLAINTIFF PREVAILS, THE COURT SHALL
26 ASSIGN COSTS TO THE DEFENDANT UNLESS THE PARTIES AGREE
27 OTHERWISE. IF THE DEFENDANT IS INDIGENT, COSTS SHALL BE WAIVED.
28 § 6708. RELIEF.
29 (A) GENERAL RULE.--THE COURT MAY GRANT ANY PROTECTION ORDER
30 OR APPROVE ANY CONSENT AGREEMENT TO BRING ABOUT A CESSATION OF
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1 ABUSE OF THE PLAINTIFF OR MINOR CHILDREN. THE ORDER OR AGREEMENT
2 MAY INCLUDE:
3 (1) DIRECTING THE DEFENDANT TO REFRAIN FROM ABUSING THE
4 PLAINTIFF OR MINOR CHILDREN.
5 (2) GRANTING POSSESSION TO THE PLAINTIFF OF THE
6 RESIDENCE OR HOUSEHOLD TO THE EXCLUSION OF THE DEFENDANT BY
7 EVICTING THE DEFENDANT OR RESTORING POSSESSION TO THE
8 PLAINTIFF WHEN THE RESIDENCE OR HOUSEHOLD IS JOINTLY OWNED OR
9 LEASED BY THE PARTIES, IS OWNED OR LEASED BY THE ENTIRETIES
10 OR IS OWNED OR LEASED SOLELY BY THE PLAINTIFF.
11 (3) WHEN THE DEFENDANT HAS A DUTY TO SUPPORT THE
12 PLAINTIFF OR MINOR CHILDREN LIVING IN THE RESIDENCE OR
13 HOUSEHOLD AND THE DEFENDANT IS THE SOLE OWNER OR LESSEE,
14 GRANTING POSSESSION TO THE PLAINTIFF OF THE RESIDENCE OR
15 HOUSEHOLD TO THE EXCLUSION OF THE DEFENDANT BY EVICTING THE
16 DEFENDANT OR RESTORING POSSESSION TO THE PLAINTIFF OR, BY
17 CONSENT AGREEMENT, ALLOWING THE DEFENDANT TO PROVIDE SUITABLE
18 ALTERNATE HOUSING.
19 (4) AWARDING TEMPORARY CUSTODY OF OR ESTABLISHING
20 TEMPORARY VISITATION RIGHTS WITH REGARD TO MINOR CHILDREN. A
21 DEFENDANT SHALL NOT BE GRANTED CUSTODY OR PARTIAL CUSTODY
22 WHERE IT IS ALLEGED IN THE PETITION, AND THE COURT FINDS
23 AFTER A HEARING UNDER THIS CHAPTER, THAT THE DEFENDANT ABUSED
24 THE MINOR CHILDREN OF THE PARTIES OR WHERE THE DEFENDANT HAS
25 BEEN CONVICTED OF VIOLATING 18 PA.C.S. § 2904 (RELATING TO
26 INTERFERENCE WITH CUSTODY OF CHILDREN) WITHIN TWO CALENDAR
27 YEARS PRIOR TO THE FILING OF THE PETITION FOR PROTECTION
28 ORDER. IF A PLAINTIFF PETITIONS FOR A TEMPORARY ORDER UNDER
29 SECTION 6707(B) (RELATING TO HEARINGS) AND THE DEFENDANT HAS
30 PARTIAL, SHARED OR FULL CUSTODY OF THE MINOR CHILDREN OF THE
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1 PARTIES BY ORDER OF COURT OR WRITTEN AGREEMENT OF THE
2 PARTIES, THE CUSTODY SHALL NOT BE DISTURBED OR CHANGED UNLESS
3 THE COURT FINDS THAT THE DEFENDANT IS LIKELY TO INFLICT ABUSE
4 UPON THE CHILDREN OR TO REMOVE THE CHILDREN FROM THE
5 JURISDICTION OF THE COURT PRIOR TO THE HEARING UNDER SECTION
6 6707(A). NOTHING IN THIS PARAGRAPH SHALL BAR EITHER PARTY
7 FROM FILING A PETITION FOR CUSTODY UNDER 23 PA.C.S. CH. 53
8 (RELATING TO CUSTODY) OR UNDER THE PENNSYLVANIA RULES OF
9 CIVIL PROCEDURE. THE COURT SHALL CONSIDER, AND MAY IMPOSE ON
10 A CUSTODY AWARD, CONDITIONS NECESSARY TO ASSURE THE SAFETY OF
11 THE PLAINTIFF AND MINOR CHILDREN FROM ABUSE.
12 (5) AFTER A HEARING IN ACCORDANCE WITH SECTION 6707(A),
13 DIRECTING THE DEFENDANT TO PAY FINANCIAL SUPPORT TO THOSE
14 PERSONS THE DEFENDANT HAS A DUTY TO SUPPORT. THE SUPPORT
15 ORDER SHALL BE TEMPORARY, AND ANY BENEFICIARY OF THE ORDER
16 MUST FILE A COMPLAINT FOR SUPPORT UNDER THE APPLICABLE
17 PROVISIONS OF LAW WITHIN TWO WEEKS OF THE DATE OF THE
18 ISSUANCE OF THE PROTECTION ORDER. IF A COMPLAINT FOR SUPPORT
19 IS NOT FILED, THAT PORTION OF THE PROTECTION ORDER REQUIRING
20 THE DEFENDANT TO PAY SUPPORT IS VOID. WHEN THERE IS A
21 SUBSEQUENT RULING ON A COMPLAINT FOR SUPPORT, THE PORTION OF
22 THE PROTECTION ORDER REQUIRING THE DEFENDANT TO PAY SUPPORT
23 EXPIRES.
24 (6) PROHIBITING THE DEFENDANT FROM HAVING ANY CONTACT
25 WITH THE PLAINTIFF, INCLUDING, BUT NOT LIMITED TO,
26 RESTRAINING THE DEFENDANT FROM ENTERING THE PLACE OF
27 EMPLOYMENT OR BUSINESS OR SCHOOL OF THE PLAINTIFF AND FROM
28 HARASSING THE PLAINTIFF OR PLAINTIFF'S RELATIVES OR MINOR
29 CHILDREN.
30 (7) ORDERING THE DEFENDANT TO TEMPORARILY RELINQUISH TO
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1 THE SHERIFF THE DEFENDANT'S WEAPONS WHICH HAVE BEEN USED OR
2 BEEN THREATENED TO BE USED IN AN INCIDENT OF ABUSE AGAINST
3 THE PLAINTIFF OR THE MINOR CHILDREN. THE COURT'S ORDER SHALL
4 PROVIDE FOR THE RETURN OF THE WEAPONS TO THE DEFENDANT
5 SUBJECT TO ANY RESTRICTIONS AND CONDITIONS AS THE COURT SHALL
6 DEEM APPROPRIATE TO PROTECT THE PLAINTIFF OR MINOR CHILDREN
7 FROM FURTHER ABUSE THROUGH THE USE OF WEAPONS.
8 (8) DIRECTING THE DEFENDANT TO PAY THE PLAINTIFF FOR
9 REASONABLE LOSSES SUFFERED AS A RESULT OF THE ABUSE,
10 INCLUDING MEDICAL, DENTAL, RELOCATION AND MOVING EXPENSES;
11 COUNSELING; LOSS OF EARNINGS OR SUPPORT; AND OTHER OUT-OF-
12 POCKET LOSSES FOR INJURIES SUSTAINED. IN ADDITION TO OUT-OF-
13 POCKET LOSSES, THE COURT MAY DIRECT THE DEFENDANT TO PAY
14 REASONABLE ATTORNEY FEES.
15 (B) DURATION AND AMENDMENT OF ORDER OR AGREEMENT.--A
16 PROTECTION ORDER OR APPROVED CONSENT AGREEMENT SHALL BE FOR A
17 FIXED PERIOD OF TIME NOT TO EXCEED ONE YEAR. THE COURT MAY AMEND
18 ITS ORDER OR AGREEMENT AT ANY TIME UPON SUBSEQUENT PETITION
19 FILED BY EITHER PARTY.
20 (C) TITLE TO REAL PROPERTY UNAFFECTED.--NO ORDER OR
21 AGREEMENT UNDER THIS CHAPTER SHALL IN ANY MANNER AFFECT TITLE TO
22 ANY REAL PROPERTY.
23 § 6709. SERVICE OF ORDERS.
24 (A) ISSUANCE.--A COPY OF AN ORDER UNDER THIS CHAPTER SHALL
25 BE ISSUED TO THE PLAINTIFF, THE DEFENDANT AND THE POLICE
26 DEPARTMENT WITH APPROPRIATE JURISDICTION TO ENFORCE THE ORDER OR
27 AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER OR
28 AS ORDERED BY THE COURT, DISTRICT JUSTICE, OR, IN PHILADELPHIA
29 COUNTY, BY A BAIL COMMISSIONER, PHILADELPHIA MUNICIPAL COURT
30 JUDGE, OR MASTER WHO IS A MEMBER OF THE PENNSYLVANIA BAR AND WHO
19890H2029B3892 - 14 -
1 IS APPOINTED BY THE PRESIDENT JUDGE OF THE PHILADELPHIA
2 MUNICIPAL COURT.
3 (B) PLACEMENT IN COUNTY REGISTRY.--UPON RECEIPT OF AN ORDER,
4 THE POLICE DEPARTMENT SHALL IMMEDIATELY PLACE THE ORDER IN A
5 COUNTY REGISTRY OF PROTECTION ORDERS. THE POLICE DEPARTMENT
6 SHALL ASSURE THAT THE REGISTRY IS CURRENT AT ALL TIMES AND THAT
7 ORDERS ARE REMOVED UPON EXPIRATION THEREOF.
8 § 6710. EMERGENCY RELIEF BY MINOR JUDICIARY.
9 (A) GENERAL RULE.--WHEN, IN COUNTIES WITH LESS THAN FOUR
10 JUDGES, THE COURT IS UNAVAILABLE DURING THE BUSINESS DAY BY
11 REASON OF DUTIES OUTSIDE THE COUNTY, ILLNESS OR VACATION, AND
12 WHEN, IN COUNTIES WITH AT LEAST FOUR JUDGES, THE COURT DEEMS
13 ITSELF UNAVAILABLE FROM THE CLOSE OF BUSINESS AT THE END OF EACH
14 DAY TO THE RESUMPTION OF BUSINESS THE NEXT MORNING OR FROM THE
15 END OF THE BUSINESS WEEK TO THE BEGINNING OF THE BUSINESS WEEK,
16 A PETITION MAY BE FILED BEFORE A DISTRICT JUSTICE, OR, IN
17 PHILADELPHIA COUNTY, BEFORE A BAIL COMMISSIONER, PHILADELPHIA
18 MUNICIPAL COURT JUDGE, OR MASTER WHO IS A MEMBER OF THE
19 PENNSYLVANIA BAR AND WHO IS APPOINTED BY THE PRESIDENT JUDGE OF
20 THE PHILADELPHIA MUNICIPAL COURT, WHO MAY GRANT RELIEF IN
21 ACCORDANCE WITH SECTION 6(A)(1) AND (2) OR (1) AND (3) OF THE
22 ACT OF OCTOBER 7, 1976 (P.L.1090, NO.218), KNOWN AS THE
23 PROTECTION FROM ABUSE ACT, IF THE DISTRICT JUSTICE, OR, IN
24 PHILADELPHIA COUNTY, THE BAIL COMMISSIONER, PHILADELPHIA
25 MUNICIPAL COURT JUDGE, OR MASTER WHO IS A MEMBER OF THE
26 PENNSYLVANIA BAR AND WHO IS APPOINTED BY THE PRESIDENT JUDGE OF
27 THE PHILADELPHIA MUNICIPAL COURT, DEEMS IT NECESSARY TO PROTECT
28 THE PLAINTIFF OR MINOR CHILDREN FROM ABUSE UPON GOOD CAUSE SHOWN
29 IN AN EX PARTE PROCEEDING. IMMEDIATE AND PRESENT DANGER OF ABUSE
30 TO THE PLAINTIFF OR MINOR CHILDREN SHALL CONSTITUTE GOOD CAUSE
19890H2029B3892 - 15 -
1 FOR THE PURPOSES OF THIS SUBSECTION.
2 (B) EXPIRATION OF ORDER.--AN ORDER ISSUED UNDER SUBSECTION
3 (A) SHALL EXPIRE AS OF THE RESUMPTION OF BUSINESS OF THE COURT
4 AT THE BEGINNING OF THE NEXT BUSINESS DAY, AT WHICH TIME THE
5 COURT SHALL SCHEDULE HEARINGS ON PROTECTION ORDERS ENTERED BY
6 DISTRICT JUSTICES, OR, IN PHILADELPHIA COUNTY, BY BAIL
7 COMMISSIONERS, PHILADELPHIA MUNICIPAL COURT JUDGES OR MASTERS
8 WHO ARE MEMBERS OF THE PENNSYLVANIA BAR AND WHO ARE APPOINTED BY
9 THE PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT, UNDER
10 SUBSECTION (A) AND SHALL REVIEW AND CONTINUE IN EFFECT
11 PROTECTION ORDERS THAT ARE NECESSARY TO PROTECT THE PLAINTIFF OR
12 MINOR CHILDREN FROM ABUSE UNTIL THE HEARING, AT WHICH TIME THE
13 PLAINTIFF MAY SEEK A TEMPORARY ORDER FROM THE COURT.
14 (C) CERTIFICATION OF ORDER TO COURT.--AN EMERGENCY ORDER
15 ISSUED UNDER THIS SECTION AND ANY DOCUMENTATION IN SUPPORT
16 THEREOF SHALL BE IMMEDIATELY CERTIFIED TO THE COURT. THE
17 CERTIFICATION TO THE COURT SHALL HAVE THE EFFECT OF COMMENCING
18 PROCEEDINGS UNDER SECTION 6706 (RELATING TO COMMENCEMENT OF
19 PROCEEDINGS) AND INVOKING THE OTHER PROVISIONS OF THIS CHAPTER.
20 IF IT IS NOT ALREADY ALLEGED IN A PETITION FOR AN EMERGENCY
21 ORDER, THE PLAINTIFF SHALL FILE A VERIFIED STATEMENT SETTING
22 FORTH THE ABUSE OF DEFENDANT AT LEAST FIVE DAYS PRIOR TO THE
23 HEARING. SERVICE OF THE VERIFIED STATEMENT SHALL BE MADE SUBJECT
24 TO SECTION 6706.
25 (D) INSTRUCTIONS REGARDING THE COMMENCEMENT OF
26 PROCEEDINGS.--UPON ISSUANCE OF AN EMERGENCY ORDER, THE DISTRICT
27 JUSTICE, OR, IN PHILADELPHIA COUNTY, THE BAIL COMMISSIONER,
28 PHILADELPHIA MUNICIPAL COURT JUDGE OR MASTER WHO IS A MEMBER OF
29 THE PENNSYLVANIA BAR AND WHO IS APPOINTED BY THE PRESIDENT JUDGE
30 OF THE PHILADELPHIA MUNICIPAL COURT, COMMISSIONER OR
19890H2029B3892 - 16 -
1 PHILADELPHIA MUNICIPAL COURT JUDGE SHALL PROVIDE THE PLAINTIFF
2 INSTRUCTIONS REGARDING THE COMMENCEMENT OF PROCEEDINGS IN THE
3 COURT OF COMMON PLEAS AT THE BEGINNING OF THE NEXT BUSINESS DAY
4 AND REGARDING THE PROCEDURES FOR INITIATING A CONTEMPT CHARGE
5 SHOULD THE DEFENDANT VIOLATE THE EMERGENCY ORDER. THE DISTRICT
6 JUSTICE, OR, IN PHILADELPHIA COUNTY, THE BAIL COMMISSIONER,
7 PHILADELPHIA MUNICIPAL COURT JUDGE OR MASTER WHO IS A MEMBER OF
8 THE PENNSYLVANIA BAR AND WHO IS APPOINTED BY THE PRESIDENT JUDGE
9 OF THE PHILADELPHIA MUNICIPAL COURT, SHALL ALSO ADVISE THE
10 PLAINTIFF OF THE EXISTENCE OF PROGRAMS FOR VICTIMS OF DOMESTIC
11 VIOLENCE IN THE COUNTY OR IN NEARBY COUNTIES AND INFORM THE
12 PLAINTIFF OF THE AVAILABILITY OF LEGAL ASSISTANCE WITHOUT COST
13 IF THE PLAINTIFF IS UNABLE TO PAY FOR THEM.
14 § 6711. DOMESTIC VIOLENCE COUNSELOR/ADVOCATE.
15 A DOMESTIC VIOLENCE COUNSELOR/ADVOCATE MAY ACCOMPANY A PARTY
16 TO A HEARING UNDER THIS CHAPTER.
17 § 6712. DISCLOSURE OF ADDRESSES.
18 DURING THE COURSE OF A PROCEEDING UNDER THIS CHAPTER, THE
19 COURT, DISTRICT JUSTICE, OR, IN PHILADELPHIA COUNTY, THE BAIL
20 COMMISSIONER, PHILADELPHIA MUNICIPAL COURT JUDGE OR MASTER WHO
21 IS A MEMBER OF THE PENNSYLVANIA BAR AND WHO IS APPOINTED BY THE
22 PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT, MAY
23 CONSIDER WHETHER THE PLAINTIFF OR PLAINTIFF'S FAMILY IS
24 ENDANGERED BY DISCLOSURE OF THE PERMANENT OR TEMPORARY ADDRESS
25 OF THE PLAINTIFF OR MINOR CHILDREN. NEITHER IN THE PLEADINGS NOR
26 DURING PROCEEDINGS OR HEARINGS UNDER THIS CHAPTER SHALL THE
27 COURT, DISTRICT JUSTICE, OR, IN PHILADELPHIA COUNTY, THE BAIL
28 COMMISSIONER, PHILADELPHIA MUNICIPAL COURT JUDGE OR MASTER WHO
29 IS A MEMBER OF THE PENNSYLVANIA BAR AND WHO IS APPOINTED BY THE
30 PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT, REQUIRE
19890H2029B3892 - 17 -
1 DISCLOSURE OF THE ADDRESS OF A DOMESTIC VIOLENCE PROGRAM.
2 § 6713. ARREST FOR VIOLATION OF ORDER.
3 (A) GENERAL RULE.--AN ARREST FOR VIOLATION OF AN ORDER
4 ISSUED PURSUANT TO THIS CHAPTER MAY BE WITHOUT WARRANT UPON
5 PROBABLE CAUSE WHETHER OR NOT THE VIOLATION IS COMMITTED IN THE
6 PRESENCE OF THE POLICE OFFICER. THE POLICE OFFICER MAY VERIFY,
7 IF NECESSARY, THE EXISTENCE OF A PROTECTION ORDER BY TELEPHONE
8 OR RADIO COMMUNICATION WITH THE APPROPRIATE POLICE DEPARTMENT,
9 COUNTY REGISTRY OR ISSUING AUTHORITY.
10 (B) SEIZURE OF WEAPONS.--SUBSEQUENT TO AN ARREST, THE POLICE
11 OFFICER SHALL SEIZE ALL WEAPONS USED OR THREATENED TO BE USED
12 DURING THE VIOLATION OF THE PROTECTION ORDER OR DURING PRIOR
13 INCIDENTS OF ABUSE. AS SOON AS IT IS REASONABLY POSSIBLE, THE
14 ARRESTING OFFICER SHALL DELIVER THE CONFISCATED WEAPONS TO THE
15 OFFICE OF THE SHERIFF. THE SHERIFF SHALL MAINTAIN POSSESSION OF
16 THE WEAPONS UNTIL THE COURT ISSUES AN ORDER SPECIFYING THE
17 WEAPONS TO BE RELINQUISHED AND THE PERSONS TO WHOM THE WEAPONS
18 SHALL BE RELINQUISHED.
19 (C) PROCEDURE FOLLOWING ARREST.--SUBSEQUENT TO AN ARREST,
20 THE DEFENDANT SHALL BE TAKEN BY THE POLICE OFFICER WITHOUT
21 UNNECESSARY DELAY BEFORE THE COURT IN THE JUDICIAL DISTRICT
22 WHERE THE CONTEMPT IS ALLEGED TO HAVE OCCURRED. WHEN THAT COURT
23 IS UNAVAILABLE, THE POLICE OFFICER SHALL CONVEY THE DEFENDANT TO
24 A DISTRICT JUSTICE DESIGNATED AS APPROPRIATE BY LOCAL RULES OF
25 COURT, OR, IN PHILADELPHIA COUNTY, TO A BAIL COMMISSIONER,
26 PHILADELPHIA MUNICIPAL COURT JUDGE OR MASTER WHO IS A MEMBER OF
27 THE PENNSYLVANIA BAR AND WHO IS APPOINTED BY THE PRESIDENT JUDGE
28 OF THE PHILADELPHIA MUNICIPAL COURT.
29 (D) PRELIMINARY ARRAIGNMENT.--THE DEFENDANT SHALL BE
30 AFFORDED A PRELIMINARY ARRAIGNMENT WITHOUT UNNECESSARY DELAY.
19890H2029B3892 - 18 -
1 (E) OTHER EMERGENCY POWERS UNAFFECTED.--THIS SECTION SHALL
2 NOT BE CONSTRUED TO IN ANY WAY LIMIT ANY OF THE OTHER POWERS FOR
3 EMERGENCY RELIEF PROVIDED IN THIS CHAPTER.
4 (F) HEARING.--A HEARING ON A CHARGE OR ALLEGATION OF
5 INDIRECT CRIMINAL CONTEMPT SHALL NOT PRECLUDE A HEARING ON OTHER
6 CRIMINAL CHARGES UNDERLYING THE CONTEMPT, NOR SHALL A HEARING ON
7 OTHER CRIMINAL CHARGES PRECLUDE A HEARING ON A CHARGE OF
8 INDIRECT CRIMINAL CONTEMPT.
9 (G) NOTICE.--NOTICE SHALL BE GIVEN TO THE DEFENDANT, IN
10 ORDERS ISSUED PURSUANT TO SECTION 6708 (RELATING TO RELIEF), OF
11 THE POSSIBLE RAMIFICATIONS OF RESUMPTION OF RESIDENCE IN THE
12 FAMILY DOMICILE CONTRARY TO COURT ORDER. RESUMPTION OF CO-
13 RESIDENCE ON THE PART OF THE PLAINTIFF AND DEFENDANT SHALL NOT
14 NULLIFY THE PROVISIONS OF THE COURT ORDER DIRECTING THE
15 DEFENDANT TO REFRAIN FROM ABUSING THE PLAINTIFF OR MINOR
16 CHILDREN.
17 § 6714. CONTEMPT FOR VIOLATION OF ORDER OR AGREEMENT.
18 (A) GENERAL RULE.--UPON VIOLATION OF A PROTECTION ORDER
19 ISSUED UNDER THIS CHAPTER OR A COURT-APPROVED CONSENT AGREEMENT,
20 THE COURT MAY HOLD THE DEFENDANT IN INDIRECT CRIMINAL CONTEMPT
21 AND PUNISH THE DEFENDANT IN ACCORDANCE WITH LAW.
22 (B) TRIAL AND PUNISHMENT.--A SENTENCE FOR CONTEMPT UNDER
23 THIS CHAPTER MAY INCLUDE IMPRISONMENT UP TO SIX MONTHS OR A FINE
24 NOT TO EXCEED $1,000, OR BOTH, AND MAY INCLUDE OTHER RELIEF SET
25 FORTH IN THIS CHAPTER. THE DEFENDANT SHALL NOT HAVE A RIGHT TO A
26 JURY TRIAL ON SUCH A CHARGE; HOWEVER, THE DEFENDANT SHALL BE
27 ENTITLED TO COUNSEL.
28 § 6715. REPORTING ABUSE AND IMMUNITY.
29 (A) REPORTING.--A PERSON HAVING REASONABLE CAUSE TO BELIEVE
30 THAT A PERSON IS BEING ABUSED MAY REPORT THE INFORMATION TO THE
19890H2029B3892 - 19 -
1 LOCAL POLICE DEPARTMENT.
2 (B) CONTENTS OF REPORT.--THE REPORT SHOULD CONTAIN THE NAME
3 AND ADDRESS OF THE ABUSED PERSON, INFORMATION REGARDING THE
4 NATURE AND EXTENT OF THE ABUSE AND INFORMATION WHICH THE
5 REPORTER BELIEVES MAY BE HELPFUL TO PREVENT FURTHER ABUSE.
6 (C) IMMUNITY.--A PERSON WHO MAKES A REPORT SHALL BE IMMUNE
7 FROM A CIVIL OR CRIMINAL LIABILITY ON ACCOUNT OF THE REPORT
8 UNLESS THE PERSON ACTED IN BAD FAITH OR WITH MALICIOUS PURPOSE.
9 § 6716. CONFIDENTIALITY.
10 UNLESS A VICTIM WAIVES THE PRIVILEGE IN A SIGNED WRITING
11 PRIOR TO TESTIMONY OR DISCLOSURE, A DOMESTIC VIOLENCE
12 COUNSELOR/ADVOCATE SHALL NOT BE COMPETENT NOR PERMITTED TO
13 TESTIFY OR TO OTHERWISE DISCLOSE CONFIDENTIAL COMMUNICATIONS
14 MADE TO OR BY THE COUNSELOR/ADVOCATE BY OR TO A VICTIM. THE
15 PRIVILEGE SHALL TERMINATE UPON THE DEATH OF THE VICTIM. NEITHER
16 THE DOMESTIC VIOLENCE COUNSELOR/ADVOCATE NOR THE VICTIM SHALL
17 WAIVE THE PRIVILEGE OF CONFIDENTIAL COMMUNICATIONS BY REPORTING
18 FACTS OF PHYSICAL OR SEXUAL ASSAULT UNDER 23 PA.C.S. CH. 63
19 (RELATING TO CHILD PROTECTIVE SERVICES), A FEDERAL OR STATE
20 MANDATORY REPORTING STATUTE; OR A LOCAL MANDATORY REPORTING
21 ORDINANCE.
22 § 6717. PROCEDURE AND OTHER REMEDIES.
23 UNLESS OTHERWISE INDICATED IN THIS CHAPTER, A PROCEEDING
24 UNDER THIS CHAPTER SHALL BE IN ACCORDANCE WITH APPLICABLE
25 GENERAL RULES AND SHALL BE IN ADDITION TO ANY OTHER AVAILABLE
26 CIVIL OR CRIMINAL REMEDIES.
27 SECTION 5. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
28 § 9720. SENTENCING FOR CRIMINAL MISCHIEF.
29 (A) GENERAL RULE.--A PERSON CONVICTED OF AN OFFENSE UNDER 18
30 PA.C.S. § 3304(A)(4) OR (5) (RELATING TO CRIMINAL MISCHIEF) OR
19890H2029B3892 - 20 -
1 3307 (RELATING TO INSTITUTIONAL VANDALISM), WHO IN THE OPINION
2 OF THE COURT, WOULD BENEFIT, SHALL BE SENTENCED TO A MANDATORY
3 TERM OF SUPERVISED COMMUNITY SERVICE, INCLUDING REPAIRING OR
4 RESTORING DAMAGED PROPERTY, IN ACCORDANCE WITH THE FOLLOWING:
5 (1) IF THE DAMAGE TO THE PROPERTY IS LESS THAN $200, THE
6 TERM OF SUPERVISED COMMUNITY SERVICE SHALL BE NOT LESS THAN
7 50 DAYS NOR MORE THAN 74 DAYS.
8 (2) IF THE DAMAGE TO THE PROPERTY IS AT LEAST $200, BUT
9 LESS THAN $1,000, THE TERM OF SUPERVISED COMMUNITY SERVICE
10 SHALL NOT BE LESS THAN 75 DAYS NOR MORE THAN 99 DAYS.
11 (3) IF THE DAMAGE TO THE PROPERTY IS $1,000 OR MORE, THE
12 TERM OF SUPERVISED COMMUNITY SERVICE SHALL BE NOT LESS THAN
13 100 DAYS NOR MORE THAN 200 DAYS.
14 (B) CONSEQUENCES.--SATISFACTORY COMPLETION OF THE SUPERVISED
15 COMMUNITY SERVICE PROGRAM SHALL RESULT IN A DISMISSAL OF CHARGES
16 AND EXPUNGEMENT OF THE RECORD OF THE PERSON CONVICTED UNDER 18
17 PA.C.S. § 3304(A)(4) OR (5) OR 3307. THE COURT SHALL FOLLOW
18 PROCEDURES SIMILAR TO THOSE ESTABLISHED FOR THE ACCELERATED
19 REHABILITATIVE DISPOSITION PROGRAM.
20 Section 2 6. This act shall take effect in 60 days. <--
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