SENATE AMENDED
PRIOR PRINTER'S NOS. 1335, 3603 PRINTER'S NO. 4265
No. 1181 Session of 1995
INTRODUCED BY MAYERNIK, RUDY, LAUGHLIN, DALEY, ROBINSON,
L. I. COHEN, DONATUCCI, KENNEY, MERRY, ITKIN, JOSEPHS,
MICHLOVIC AND STEELMAN, MARCH 16, 1995
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
NOVEMBER 19, 1996
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for orders for
3 protection from domestic abuse AND FOR THE RELEASE OF <--
4 CONFIDENTIAL REPORTS.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6108(a)(7) of Title 23 of the <--
8 Pennsylvania Consolidated Statutes is amended to read:
9 SECTION 1. SECTION 6104 OF TITLE 23 OF THE PENNSYLVANIA <--
10 CONSOLIDATED STATUTES IS AMENDED TO READ:
11 § 6104. REGISTRATION OF ORDER. <--
12 (A) REGISTRY.--THE PROTHONOTARY SHALL MAINTAIN A REGISTRY IN
13 WHICH IT SHALL ENTER CERTIFIED COPIES OF PROTECTION ORDERS
14 ENTERED BY COURTS FROM OTHER JURISDICTIONS IN THIS COMMONWEALTH
15 PURSUANT TO THIS CHAPTER.
16 (B) REGISTRATION OF ORDER IN ANY COUNTY.--A PLAINTIFF WHO
17 OBTAINS A VALID ORDER UNDER THIS CHAPTER MAY [REGISTER] FILE
1 THAT ORDER WITHOUT FEE OR COST IN ANY COUNTY WITHIN THIS
2 COMMONWEALTH WHERE THE PLAINTIFF BELIEVES ENFORCEMENT MAY BE
3 NECESSARY. A COURT SHALL RECOGNIZE AND ENFORCE A VALID ORDER
4 UNDER THIS CHAPTER WHICH HAS BEEN ISSUED BY ANOTHER COURT BUT
5 PROPERLY [REGISTERED WITH A COUNTY] FILED WITHIN THE JUDICIAL
6 DISTRICT OF THE COURT WHERE ENFORCEMENT IS SOUGHT OR RECORDED IN
7 THE REGISTRY OF THE PENNSYLVANIA STATE POLICE. COUNTY REGISTRIES
8 SHALL NOT BE REQUIRED WHEN THE PENNSYLVANIA STATE POLICE
9 REGISTRY PROVIDED FOR IN SECTION 6105(E) (RELATING TO
10 RESPONSIBILITIES OF LAW ENFORCEMENT AGENCIES) IS ESTABLISHED AND
11 IS FULLY OPERATIONAL.
12 (C) FILING AND REGISTRATION OF A FOREIGN PROTECTION ORDER.--
13 A COURT SHALL RECOGNIZE AND ENFORCE A VALID FOREIGN PROTECTION
14 ORDER WHICH HAS BEEN ISSUED BY A COMPARABLE COURT IN ANOTHER
15 STATE [AND PROPERLY REGISTERED WITHIN A COUNTY WHERE ENFORCEMENT
16 IS SOUGHT OR RECORDED IN THE REGISTRY OF THE PENNSYLVANIA STATE
17 POLICE.], UNITED STATES TERRITORY OR TRIBAL LAND.
18 (1) A PLAINTIFF WHO OBTAINS A VALID FOREIGN ORDER MAY
19 FILE A CERTIFIED COPY OF THAT ORDER WITH A CLERK OF COURT IN
20 ANY COUNTY WITHIN THIS COMMONWEALTH WHERE THE PLAINTIFF
21 BELIEVES ENFORCEMENT MAY BE NECESSARY.
22 (2) FILING OF A FOREIGN ORDER SHALL BE WITHOUT FEE OR
23 COST.
24 (3) UPON APPLICATION OF A PLAINTIFF SEEKING ENFORCEMENT
25 OF A FOREIGN ORDER, A CLERK OF COURT WHO HAS BEEN PRESENTED
26 WITH A CERTIFIED COPY OF A FOREIGN ORDER SHALL TRANSMIT A
27 COPY OF SUCH ORDER AND SUMMARY FACE SHEET TO THE ABUSE
28 DATABASE SERVER AND THE APPROPRIATE LAW ENFORCEMENT AGENCY
29 WITH A COMMONWEALTH LAW ENFORCEMENT ASSISTANCE NETWORK CLEAN
30 TERMINAL FOR ENTRY INTO THE PENNSYLVANIA STATE POLICE
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1 STATEWIDE PROTECTION ORDER REGISTRY.
2 [(C) CERTIFIED COPY.--A VALID ORDER UNDER THIS CHAPTER MAY
3 BE REGISTERED BY THE PLAINTIFF IN A COUNTY OTHER THAN THE
4 ISSUING COUNTY BY OBTAINING A CERTIFIED COPY OF THE ORDER OF THE
5 ISSUING COURT ENDORSED BY THE PROTHONOTARY OF THAT COURT AND
6 PRESENTING THAT CERTIFIED ORDER TO THE PROTHONOTARY WHERE THE
7 ORDER IS TO BE REGISTERED.] (D) CERTIFIED COPY.--A CERTIFIED
8 COPY OF A PROTECTION ORDER IS AN AUTHENTICATED COPY OF THE ORDER
9 OF THE ISSUING COURT ENDORSED BY THE PROTHONOTARY OR APPROPRIATE
10 CLERK OF THAT COURT.
11 [(D) PROOF OF REGISTRATION] (E) PROOF OF FILING.--UPON
12 RECEIPT OF A CERTIFIED ORDER FOR [REGISTRATION] FILING, THE
13 PROTHONOTARY SHALL PROVIDE THE PLAINTIFF WITH A COPY BEARING THE
14 PROOF OF [REGISTRATION] FILING TO BE [FILED WITH] DELIVERED TO
15 THE APPROPRIATE LAW ENFORCEMENT AGENCY.
16 [(E) REGISTRATION] (F) REGISTRATION AND/OR FILING IN EACH
17 COUNTY NOT REQUIRED.--REGISTRATION AND/OR FILING OF ORDERS
18 [UNDER THIS SECTION] IN EACH COUNTY WHERE A PLAINTIFF BELIEVES
19 ENFORCEMENT MAY BE NECESSARY SHALL NOT BE REQUIRED UPON THE
20 ESTABLISHMENT AND OPERATION OF THE PENNSYLVANIA STATE POLICE
21 REGISTRY PROVIDED FOR IN SECTION 6105(E).
22 SECTION 2. SECTION 6105(E) OF TITLE 23 IS AMENDED AND THE
23 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
24 § 6105. RESPONSIBILITIES OF LAW ENFORCEMENT AGENCIES.
25 * * *
26 (E) STATEWIDE REGISTRY.--
27 (1) THE PENNSYLVANIA STATE POLICE SHALL ESTABLISH A
28 STATEWIDE REGISTRY OF PROTECTION ORDERS AND SHALL MAINTAIN A
29 [COMPLETE AND] EMERGENCY, SYSTEMATIC RECORD AND INDEX OF ALL
30 VALID TEMPORARY AND FINAL COURT ORDERS OF PROTECTION OR
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1 COURT-APPROVED CONSENT AGREEMENTS. THE STATEWIDE REGISTRY
2 SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
3 (I) THE NAMES OF THE PLAINTIFF AND ANY PROTECTED
4 PARTIES.
5 (II) THE NAME AND ADDRESS OF THE DEFENDANT.
6 (III) THE DATE THE ORDER WAS ENTERED.
7 (IV) THE DATE THE ORDER EXPIRES.
8 (V) THE RELIEF GRANTED UNDER SECTIONS 6108(A)(1),
9 (2), (4), (6) AND (7) (RELATING TO RELIEF) AND 6110(A)
10 (RELATING TO EMERGENCY RELIEF BY MINOR JUDICIARY).
11 (VI) THE JUDICIAL DISTRICT IN WHICH THE ORDER WAS
12 ENTERED.
13 (VII) WHERE FURNISHED, THE SOCIAL SECURITY NUMBER
14 AND DATE OF BIRTH OF THE DEFENDANT.
15 (VIII) CAUTION INDICATOR MEANS SUBJECT IS BELIEVED
16 TO BE ARMED OR DANGEROUS.
17 (IX) BRADY RECORD INDICATOR MEANS SUBJECT IS
18 PROHIBITED FROM PURCHASING OR POSSESSING A FIREARM UNDER
19 FEDERAL LAW.
20 (X) NAME OF ISSUING JUDGE.
21 (2) THE PROTHONOTARY SHALL [SEND, ON A FORM PRESCRIBED
22 BY THE PENNSYLVANIA STATE POLICE,] TRANSMIT A COPY OF THE
23 PROTECTION ORDER OR [APPROVED] COURT-APPROVED CONSENT
24 AGREEMENT AND A SUMMARY FACE SHEET TO THE [STATEWIDE REGISTRY
25 OF PROTECTION ORDERS SO THAT IT IS RECEIVED WITHIN 24 HOURS
26 OF THE ENTRY OF THE ORDER. LIKEWISE, AMENDMENTS TO OR
27 REVOCATION OF AN ORDER SHALL BE TRANSMITTED BY THE
28 PROTHONOTARY WITHIN 24 HOURS OF THE ENTRY OF THE ORDER FOR
29 MODIFICATION OR REVOCATION. THE PENNSYLVANIA STATE POLICE
30 SHALL ENTER ORDERS, AMENDMENTS AND REVOCATIONS IN THE
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1 STATEWIDE REGISTRY OF PROTECTION ORDERS WITHIN EIGHT HOURS OF
2 RECEIPT.
3 (3) THE REGISTRY OF THE PENNSYLVANIA STATE POLICE SHALL
4 BE AVAILABLE AT ALL TIMES TO INFORM COURTS, DISPATCHERS AND
5 LAW ENFORCEMENT OFFICERS OF ANY VALID PROTECTION ORDER
6 INVOLVING ANY DEFENDANT.] ABUSE DATABASE SERVER AND THE
7 APPROPRIATE AGENCY WITH A COMMONWEALTH LAW ENFORCEMENT
8 ASSISTANCE NETWORK (CLEAN) TERMINAL WITHIN THE JURISDICTION
9 WHERE THE PLAINTIFF RESIDES OR SEEKS ENFORCEMENT. THAT AGENCY
10 SHALL TRANSMIT DATA FROM THE SUMMARY FACE SHEET, VIA CLEAN,
11 TO THE PENNSYLVANIA STATE POLICE STATEWIDE REGISTRY OF
12 PROTECTION ORDERS SO THAT IT IS RECEIVED WITHIN 24 HOURS OF
13 THE ENTRY OF THE ORDER. LIKEWISE, AMENDMENTS TO OR REVOCATION
14 OF AN ORDER AND AN UPDATED SUMMARY FACE SHEET SHALL BE
15 TRANSMITTED BY THE PROTHONOTARY TO THE ABUSE DATA SERVER AND
16 THE APPROPRIATE AGENCY WITH A CLEAN TERMINAL WITHIN THE
17 JURISDICTION WHERE THE PLAINTIFF RESIDES OR SEEKS
18 ENFORCEMENT. THE CLEAN TERMINAL OPERATOR SHALL TRANSMIT DATA
19 FROM THE UPDATED SUMMARY FACE SHEET, VIA CLEAN, TO THE
20 PENNSYLVANIA STATE POLICE STATEWIDE REGISTRY OF PROTECTION
21 ORDERS SO THAT IT IS RECEIVED WITHIN 24 HOURS OF THE ENTRY OF
22 THE ORDER FOR MODIFICATION OR REVOCATION.
23 (3) THE HEARING OFFICER UNDER SECTION 6110 SHALL
24 TRANSMIT A COPY OF THE EMERGENCY PROTECTION ORDER TO THE
25 ABUSE DATABASE SERVER AND THE PENNSYLVANIA STATE POLICE
26 STATEWIDE REGISTRY OF PROTECTION ORDERS WITHIN SIX HOURS OF
27 THE ENTRY OF THE ORDER. LIKEWISE, AMENDMENTS TO OR REVOCATION
28 OF AN EMERGENCY ORDER SHALL BE TRANSMITTED BY THE HEARING
29 OFFICER TO THE ABUSE DATABASE SERVER AND THE PENNSYLVANIA
30 STATE POLICE STATEWIDE REGISTRY OF PROTECTION ORDERS WITHIN
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1 SIX HOURS OF THE ENTRY OF THE ORDER FOR MODIFICATION OR
2 REVOCATION.
3 * * *
4 (H) FOREIGN PROTECTION ORDERS.--ALL FOREIGN PROTECTION
5 ORDERS ISSUED BY ANOTHER STATE, TRIBAL OR UNITED STATES
6 TERRITORIAL COURT SHALL HAVE THE PRESUMPTION OF VALIDITY IN THIS
7 COMMONWEALTH. THE VALIDITY OF A FOREIGN ORDER SHALL ONLY BE
8 DETERMINED BY A COURT OF COMPETENT JURISDICTION. UNTIL A FOREIGN
9 ORDER IS DECLARED TO BE INVALID BY A COURT OF COMPETENT
10 JURISDICTION, IT SHALL BE GIVEN FULL FAITH AND CREDIT BY ALL LAW
11 ENFORCEMENT PERSONNEL IN THIS COMMONWEALTH.
12 (1) ALL LAW ENFORCEMENT OFFICERS SHALL TREAT FOREIGN
13 PROTECTION ORDERS AS LEGAL DOCUMENTS, VALID IN THIS
14 COMMONWEALTH, AND SHALL MAKE ARRESTS FOR VIOLATIONS THEREOF
15 IN THE SAME MANNER AS FOR VIOLATIONS OF PROTECTION ORDERS
16 ISSUED WITHIN THIS COMMONWEALTH.
17 (2) THE FACT THAT A FOREIGN PROTECTION ORDER HAS NOT
18 BEEN FILED WITH A CLERK OF COURT OR ENTERED INTO THE ABUSE
19 DATABASE AND/OR THE PENNSYLVANIA STATE POLICE STATEWIDE
20 PROTECTION ORDER REGISTRY SHALL NOT BE GROUNDS FOR A LAW
21 ENFORCEMENT OFFICER TO REFUSE TO ENFORCE THE PROVISIONS OF
22 THE ORDER UNLESS IT IS APPARENT TO THE LAW ENFORCEMENT
23 OFFICER TO WHOM A FOREIGN ORDER IS PRESENTED THAT THE ORDER
24 IS INVALID ON ITS FACE, I.E., IT HAS EXPIRED OR THE ORDER
25 DOES NOT CONTAIN THE NAMES OF BOTH PARTIES, OR THE ALLEGED
26 CONDUCT/VIOLATION DOES NOT CONSTITUTE AN ARRESTABLE OFFENSE
27 UNDER THE LAWS OF THIS COMMONWEALTH.
28 (3) A LAW ENFORCEMENT OFFICER MAY RELY UPON A COPY OF
29 ANY FOREIGN PROTECTION ORDER WHICH HAS BEEN PRESENTED TO THE
30 OFFICER BY ANY SOURCE AND MAY ALSO RELY UPON THE STATEMENT OF
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1 ANY PERSON PROTECTED BY THE FOREIGN ORDER THAT THE ORDER
2 REMAINS IN EFFECT.
3 (4) A LAW ENFORCEMENT OFFICER ACTING IN GOOD FAITH SHALL
4 BE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY IN ANY ACTION
5 ARISING IN CONNECTION WITH A COURT'S FINDING THAT THE FOREIGN
6 ORDER IS NOT ENFORCEABLE.
7 SECTION 3. SECTIONS 6108(A)(7) AND (C), 6113(A), 6118 AND
8 6340(A) OF TITLE 23 ARE AMENDED TO READ:
9 § 6108. Relief.
10 (a) General rule.--The court may grant any protection order
11 or approve any consent agreement to bring about a cessation of
12 abuse of the plaintiff or minor children. The order or agreement
13 may include:
14 * * *
15 (7) Ordering the defendant to temporarily relinquish to
16 the sheriff the defendant's weapons which have been used or
17 been threatened to be used in an incident of abuse against
18 the plaintiff or the minor children and prohibiting the
19 defendant from acquiring or possessing any other weapons for
20 the duration of the order. The court's order shall provide
21 for the return of the weapons to the defendant subject to any
22 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. A copy of the
25 court's order shall be transmitted to the sheriff of the
26 county of which the defendant is a resident.
27 * * *
28 (C) [MUTUAL ORDERS OF PROTECTION.--MUTUAL ORDERS OF <--
29 PROTECTION SHALL NOT BE AWARDED UNLESS BOTH PARTIES HAVE FILED
30 TIMELY WRITTEN PETITIONS, COMPLIED WITH SERVICE REQUIREMENTS
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1 UNDER SECTION 6106 (RELATING TO COMMENCEMENT OF PROCEEDINGS) AND
2 ARE ELIGIBLE FOR PROTECTION UNDER THIS CHAPTER. THE COURT SHALL
3 MAKE SEPARATE FINDINGS AND, WHERE ISSUING ORDERS ON BEHALF OF
4 BOTH PETITIONERS, ENTER SEPARATE ORDERS.] CROSS OR COUNTER
5 PETITION.--A PROTECTION ORDER SHALL NOT BE ISSUED AGAINST ONE
6 WHO HAS PETITIONED, FILED A COMPLAINT OR OTHERWISE FILED A
7 WRITTEN PLEADING FOR PROTECTION FROM ABUSE AGAINST A FAMILY OR
8 HOUSEHOLD MEMBER UNLESS:
9 (1) THE OPPOSING PARTY HAS FILED A CROSS OR COUNTER
10 PETITION SEEKING SUCH A PROTECTION ORDER.
11 (2) IF A CROSS OR COUNTER PETITION HAS BEEN FILED BY THE
12 OPPOSING PARTY, THE COURT HAS MADE SPECIFIC FINDINGS THAT THE
13 OPPOSING PARTY IS ENTITLED TO SUCH AN ORDER.
14 * * *
15 § 6113. ARREST FOR VIOLATION OF ORDER.
16 (A) GENERAL RULE.--AN ARREST FOR VIOLATION OF AN ORDER
17 ISSUED PURSUANT TO THIS CHAPTER OR A FOREIGN ORDER ISSUED BY
18 ANOTHER STATE, UNITED STATES TERRITORY OR TRIBAL COURT MAY BE
19 WITHOUT WARRANT UPON PROBABLE CAUSE WHETHER OR NOT THE VIOLATION
20 IS COMMITTED IN THE PRESENCE OF THE POLICE OFFICER IN
21 CIRCUMSTANCES WHERE THE DEFENDANT HAS VIOLATED A PROVISION OF AN
22 ORDER CONSISTENT WITH SECTION 6108(A)(1), (2), (3), (4), (6) OR
23 (7) (RELATING TO RELIEF). THE POLICE OFFICER MAY VERIFY, IF
24 NECESSARY, THE EXISTENCE OF A PROTECTION ORDER BY TELEPHONE OR
25 RADIO, OR OTHER ELECTRONIC COMMUNICATION WITH THE APPROPRIATE
26 POLICE DEPARTMENT, [COUNTY REGISTRY] STATEWIDE REGISTRY ABUSE
27 DATABASE OR ISSUING AUTHORITY. A POLICE OFFICER SHALL ARREST A
28 DEFENDANT FOR VIOLATING AN ORDER ISSUED UNDER THIS CHAPTER BY A
29 COURT WITHIN THE JUDICIAL DISTRICT, ISSUED BY A COURT IN ANOTHER
30 JUDICIAL DISTRICT WITHIN THIS COMMONWEALTH OR ISSUED BY A
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1 COMPARABLE COURT IN ANOTHER STATE [AND REGISTERED PURSUANT TO
2 THIS CHAPTER OR VERIFIED THROUGH THE PENNSYLVANIA STATE POLICE
3 REGISTRY.], UNITED STATES TERRITORY OR TRIBAL LAND.
4 * * *
5 § 6118. FULL FAITH AND CREDIT.
6 [(A) GENERAL RULE.--ANY PROTECTION ORDER ISSUED BY A COURT
7 OF ANOTHER STATE AND REGISTERED UNDER SECTION 6104 (RELATING TO
8 REGISTRATION OF ORDER) SHALL BE ACCORDED FULL FAITH AND CREDIT
9 BY THE COURTS OF COMMON PLEAS OF THIS COMMONWEALTH AND ENFORCED
10 AS IF IT WERE ISSUED IN THIS COMMONWEALTH ONLY IF THE ISSUING
11 COURT HAD JURISDICTION UNDER THE LAW OF THE OTHER STATE AT THE
12 TIME OF ISSUANCE.
13 (B) AFFIRMATIVE DEFENSE.--A DEFENDANT MUST HAVE BEEN GIVEN
14 REASONABLE NOTICE AND THE OPPORTUNITY TO BE HEARD BEFORE THE
15 ORDER OF THE OTHER STATE WAS ISSUED, PROVIDED, IN THE CASE OF EX
16 PARTE ORDERS, NOTICE AND OPPORTUNITY TO BE HEARD WAS GIVEN AS
17 SOON AS POSSIBLE AFTER THE ORDER WAS ISSUED, CONSISTENT WITH DUE
18 PROCESS. FAILURE TO PROVIDE REASONABLE NOTICE AND OPPORTUNITY TO
19 BE HEARD SHALL BE AN AFFIRMATIVE DEFENSE TO ENFORCEMENT OF THE
20 REGISTERED PROTECTION ORDER.]
21 (A) VALID FOREIGN PROTECTION ORDER.--A PROTECTION ORDER
22 ISSUED BY ANOTHER STATE, TRIBAL OR UNITED STATES TERRITORIAL
23 COURT RELATED TO DOMESTIC OR FAMILY VIOLENCE SHALL BE DEEMED
24 VALID BY THE COURTS OF THIS COMMONWEALTH IF THE ISSUING COURT
25 HAD JURISDICTION OVER THE PARTIES AND SUBJECT MATTER UNDER THE
26 LAWS OF THE STATE, TRIBE OR UNITED STATES TERRITORY.
27 (B) PRESUMPTION.--THERE SHALL BE A PRESUMPTION OF VALIDITY
28 WHERE AN ORDER APPEARS VALID ON ITS FACE. THIS PRESUMPTION MAY
29 BE REBUTTED ONLY BY CLEAR AND CONVINCING EVIDENCE AT HEARING.
30 (C) NOTICE.--A DEFENDANT MUST BE GIVEN REASONABLE NOTICE AND
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1 THE OPPORTUNITY TO BE HEARD BEFORE THE ORDER OF THE FOREIGN
2 STATE, TRIBAL OR UNITED STATES TERRITORY WAS ISSUED, PROVIDED,
3 IN THE CASE OF EX PARTE ORDERS, NOTICE AND OPPORTUNITY TO BE
4 HEARD WAS GIVEN AS SOON AS POSSIBLE AFTER THE ORDER WAS ISSUED,
5 CONSISTENT WITH DUE PROCESS.
6 (D) AFFIRMATIVE DEFENSE.--FAILURE TO PROVIDE REASONABLE
7 NOTICE AND OPPORTUNITY TO BE HEARD SHALL BE AN AFFIRMATIVE
8 DEFENSE TO ANY CHARGE OR PROCESS FILED SEEKING ENFORCEMENT OF A
9 FOREIGN PROTECTION ORDER.
10 § 6340. RELEASE OF INFORMATION IN CONFIDENTIAL REPORTS.
11 (A) GENERAL RULE.--REPORTS SPECIFIED IN SECTION 6339
12 (RELATING TO CONFIDENTIALITY OF REPORTS) SHALL ONLY BE MADE
13 AVAILABLE TO:
14 * * *
15 (5.2) A DISTRICT JUSTICE HAVING JURISDICTION IN
16 CONNECTION WITH ANY MATTER INVOLVING CHILD ABUSE. THE
17 DEPARTMENT OR COUNTY AGENCY SHALL PROVIDE ANY REPORTS AND
18 FILES THAT THE DISTRICT JUSTICE COURT CONSIDERS RELEVANT.
19 * * *
20 Section 2 4. This act shall take effect in 60 days. <--
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