PRINTER'S NO. 1670
No. 1412 Session of 1997
INTRODUCED BY CIVERA, FICHTER, BARRAR, KIRKLAND, GEIST, JAMES,
SERAFINI, TRICH, DALEY, TRELLO, DeLUCA, CORPORA, HARHART,
YOUNGBLOOD, COY, THOMAS, PRESTON, BENNINGHOFF, J. TAYLOR,
C. WILLIAMS, ROONEY, L. I. COHEN, MICOZZIE, FLICK AND ADOLPH,
APRIL 30, 1997
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 30, 1997
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for responsibilities
3 of law enforcement agencies and court-ordered relief.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 6105(e) and 6108(a)(7) of Title 23 of
7 the Pennsylvania Consolidated Statutes are amended to read:
8 § 6105. Responsibilities of law enforcement agencies.
9 * * *
10 (e) Statewide registry.--
11 (1) The Pennsylvania State Police shall establish a
12 Statewide registry of protection orders and shall maintain a
13 complete and systematic record and index of all valid
14 temporary and final court orders of protection or court-
15 approved consent agreements. The Statewide registry shall
16 include, but need not be limited to, the following:
17 (i) The names of the plaintiff and any protected
1 parties.
2 (ii) The name and address of the defendant.
3 (iii) The date the order was entered.
4 (iv) The date the order expires.
5 (v) The relief granted under sections 6108(a)(1),
6 (2), (4), (6) and (7) (relating to relief) and 6110(a)
7 (relating to emergency relief by minor judiciary).
8 (vi) The judicial district in which the order was
9 entered.
10 (vii) Where furnished, the Social Security number
11 and date of birth of the defendant.
12 (2) The prothonotary shall send, on a form prescribed by
13 the Pennsylvania State Police, a copy of the protection order
14 or approved consent agreement to the Statewide registry of
15 protection orders so that it is received within 24 hours of
16 the entry of the order. Likewise, amendments to or revocation
17 of an order shall be transmitted by the prothonotary within
18 24 hours of the entry of the order for modification or
19 revocation. The Pennsylvania State Police shall enter orders,
20 amendments and revocations in the Statewide registry of
21 protection orders within eight hours of receipt.
22 (3) The registry of the Pennsylvania State Police shall
23 be available at all times to inform courts, dispatchers and
24 law enforcement officers of any valid protection order
25 involving any defendant.
26 (4) When an order granting relief under section
27 6108(a)(7) has been entered by a court, the Pennsylvania
28 State Police shall make such information available to sellers
29 of firearms for the purpose of complying with the applicable
30 provisions of 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform
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1 Firearms Act).
2 * * *
3 § 6108. Relief.
4 (a) General rule.--The court may grant any protection order
5 or approve any consent agreement to bring about a cessation of
6 abuse of the plaintiff or minor children. The order or agreement
7 may include:
8 * * *
9 (7) Ordering the defendant to temporarily relinquish to
10 the sheriff the defendant's weapons which have been used or
11 been threatened to be used in an incident of abuse against
12 the plaintiff or the minor children and prohibiting the
13 defendant from acquiring or possessing any other weapons for
14 the duration of the order and requiring the defendant to
15 relinquish to the sheriff any firearm license the defendant
16 may possess. The court's order shall provide for the return
17 of the weapons to the defendant subject to any restrictions
18 and conditions as the court shall deem appropriate to protect
19 the plaintiff or minor children from further abuse through
20 the use of weapons.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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