THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARHAI, BRENNAN, COHEN, D. COSTA, DAVIS, DONATUCCI, GEIST, GILLESPIE, GODSHALL, GOODMAN, HENNESSEY, W. KELLER, KORTZ, KOTIK, MAHONEY, MANN, MILLARD, MURT, READSHAW, WAGNER AND YOUNGBLOOD, MAY 11, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in assault, further providing for the offense of

harassment; and providing for peace orders.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2709(a), (c) and (f) of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 2709.  Harassment.

(a)  Offense defined.--A person commits the crime of

harassment when, with intent to harass, annoy or alarm another,

the person:

(1)  strikes, shoves, kicks or otherwise subjects the

other person to physical contact, or attempts or threatens to

do the same;

(2)  follows the other person in or about a public place

or places;

(3)  engages in a course of conduct or repeatedly commits

acts which serve no legitimate purpose;

(4)  communicates to or about such other person any lewd,

lascivious, threatening or obscene words, language, drawings

or caricatures;

(5)  communicates repeatedly in an anonymous manner;

(6)  communicates repeatedly at extremely inconvenient

hours; [or]

(7)  communicates repeatedly in a manner other than

specified in paragraphs (4), (5) and (6)[.];

(8)  engages in a course of conduct or repeatedly commits

acts which cause a reasonable fear of injury; or

(9)  damages premises primarily used for religious

purposes or maintained for religious instruction and the

damage to the premises exceeds $50.

* * *

(c)  Grading.--

[(1)  An offense under subsection (a)(1), (2) or (3)

shall constitute a summary offense.

(2)  (i)  An offense under subsection (a)(4), (5), (6) or

(7) shall constitute a misdemeanor of the third degree.]

(1)  An offense under subsection (a)(2) or (3), when done

intentionally and repeatedly, shall constitute harassment in

the first degree and shall be punishable as a second degree

misdemeanor.

(2)  An offense under subsection (a)(1), (2) or (3), when

done with an intent to harass, annoy or alarm another person,

shall constitute harassment in the second degree and shall be

punishable as a third degree misdemeanor.

(3)  An offense shall be graded aggravated harassment in

the second degree and punishable as a first degree

misdemeanor if one of the following apply:

(i)  An offense under subsection (a)(4), (5), (6) or

(7), when done with the intent to harass, annoy, threaten

or alarm another person.

(ii)  An offense under subsection (a)(1), when

committed due to a belief or perception, whether or not

accurate, regarding the victim's race, color, national

origin, ancestry, gender, religion, religious practice,

age, disability or sexual orientation.

(iii)  An offense under paragraph (1), and a previous

conviction of the crime of harassment within the

preceding ten years.

(4)  An offense shall be graded as aggravated harassment

in the first degree, punishable as a third degree felony, if

one of the following apply:

(i)  An offense under subsection (a)(9), when done

with the intent to harass, annoy, threaten or alarm

another person because of a belief or perception

regarding the victim, whether or not accurate, regarding

the victim's race, color, national origin, ancestry,

gender, religion, religious practice, age, disability or

sexual orientation.

(ii)  A second or subsequent offense under paragraph

(3) or (4) within ten years, when done with the intent to

harass, annoy, threaten or alarm another person because

of a belief or perception regarding the victim, whether

or not accurate, regarding the victim's race, color,

national origin, ancestry, gender, religion, religious

practice, age, disability or sexual orientation.

(5)  A second or subsequent offense under subsection (a)

(1), (2), (3), (4), (5), (6), (7), (8) or (9) shall be

rebuttable proof of intent as required under paragraph (3) or

(4).

* * *

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Communicates."  Conveys a message without intent of

legitimate communication or address by oral, nonverbal, written

or electronic means, including telephone, electronic mail,

texting, Internet, facsimile, telex, wireless communication or

similar transmission.

"Course of conduct."  A pattern of actions composed of more

than one act over a period of time, however short, evidencing a

continuity of conduct. Acts indicating a course of conduct which

occur in more than one jurisdiction may be used by any other

jurisdiction in which an act occurred as evidence of a

continuing pattern of conduct or a course of conduct.

Section 2.  Title 42 is amended by adding a chapter to read:

CHAPTER 62

PEACE ORDERS

Sec.

6201.  Definitions.

6202.  Applicability.

6203.  Petition for peace order.

6204.  Emergency orders.

6205.  Temporary orders.

6206.  Hearings.

6207.  Modifications.

6208.  Disclosures.

6209.  Violations.

6210.  Registry.

6211.  Foreign peace orders.

6212.  Regulations.

6213.  Immunity.

6214.  Inability to pay.

6215.  Construction.

§ 6201.  Definitions.

(a)  General.--The following words and phrases when used in

this chapter shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

"Comparable court."  A foreign court that:

(1)  Has subject matter jurisdiction and is authorized to

issue ex parte, emergency, temporary or final protection

orders in that jurisdiction.

(2)  Possessed jurisdiction over the parties when the

protection order was issued in that jurisdiction.

"Emergency peace order."  An order that a hearing officer

issues under this chapter pending a hearing by a judge on a

petition.

"Final peace order."  A peace order issued by a judge under

section 6203 (relating to petition for peace order).

"Foreign peace order."  A peace or other order that is

similarly issued by a comparable court of another state, the

District of Columbia, Native American tribe or territory,

possession or commonwealth of the United States.

"Geographic exclusion zones."  A court-defined area around

the victim's residence, place of employment or school.

"Hearing officer."  A magisterial district judge, judge of

the Philadelphia Municipal Court, arraignment court magistrate

appointed under section 1123 (relating to jurisdiction and

venue), master appointed under section 1126 (relating to

masters) and master for emergency relief.

"Interim peace order."  An order that a commissioner issues

under this chapter pending a hearing by a judge on a petition.

"Master for emergency relief."  A member of the bar of the

Commonwealth appointed under section 6204 (relating to emergency

orders).

"Petitioner."  An individual, including a parent or guardian

of a minor child acting on the child's behalf, who files a

petition under section 6203 (relating to petition for peace

order).

"Residence."  The term includes the yard, grounds,

outbuildings and common areas surrounding a residence.

"Respondent."  An individual alleged in a petition to have

committed an act specified in section 6203(a) (relating to

petition for peace order) against a petitioner.

"Sheriff."

(1)  Except as provided in paragraph (2), the sheriff of

the county.

(2)  In a city of the first class, the chief or head of

the police department.

"Temporary peace order."  A peace order issued by a judge

under section 6205 (relating to temporary orders).

(b)  Other terms.--Terms not otherwise defined in this

chapter shall have the meaning given to them in 18 Pa.C.S.

(relating to crimes and offenses).

§ 6202.  Applicability.

(a)  General.--By proceeding under this chapter, a petitioner

is not limited to or precluded from pursuing any other legal

remedy.

(b)  Limitations.--This chapter does not apply to:

(1)  A petitioner eligible for relief under 23 Pa.C.S.

Ch. 61 (relating to protection from abuse).

(2)  A respondent who is 17 years of age or younger at

the time of the alleged commission of an act specified in

section 6203(a) (relating to petition for peace order).

§ 6203.  Petition for peace order.

(a)  Filing.--A petitioner may seek relief under this chapter

by filing with the court, or with a hearing officer under the

circumstances specified in section 6204(a) (relating to

emergency orders), a petition that alleges the commission of any

of the following acts against the petitioner by the respondent,

if the act occurred within 30 days before the filing of the

petition:

(1)  An act that causes serious bodily harm.

(2)  An act that places the petitioner in fear of

imminent serious bodily harm.

(3)  Assault in any degree.

(4)  Rape or sexual offense under 18 Pa.C.S. Ch. 31

(relating to sexual offenses).

(5)  False imprisonment under 18 Pa.C.S. § 2903 (relating

to false imprisonment).

(6)  Aggravated harassment in the first or second degree

under 18 Pa.C.S. § 2709 (relating to harassment).

(7)  Stalking under 18 Pa.C.S. § 2709.1 (relating to

stalking).

(8)  Trespassing.

(9)  Kidnapping under 18 Pa.C.S. § 2901 (relating to

kidnapping).

(b)  Information required.--The petition shall:

(1)  Be under oath and provide notice to the petitioner

that an individual who knowingly provides false information

in the petition is guilty of a misdemeanor and shall, upon

conviction, be sentenced to the penalties specified in

subsection (d).

(2)  Subject to the provisions of subsection (c), contain

the address of the petitioner.

(3)  Include all information known to the petitioner of:

(i)  The nature and extent of the act specified in

subsection (a) for which the relief is being sought,

including information known to the petitioner concerning

previous harm or injury resulting from an act specified

in subsection (a) by the respondent.

(ii)  Each previous and pending action between the

parties in any court.

(iii)  The whereabouts of the respondent.

(c)  Address redaction.--If a petitioner alleges and the

commissioner or judge finds, in a proceeding under this chapter,

that the disclosure of the address of the petitioner would risk

further harm to the petitioner, that address may be stricken

from the petition and omitted from all other documents filed

with the commissioner or filed with or transferred to a court.

(d)  Penalties.--An individual who knowingly provides false

information in a petition filed under this section is guilty of

a misdemeanor and shall, upon conviction, be sentenced to pay a

fine of not more than $1,000 or to imprisonment for not more

than 90 days, or both.

(e)  Fees.--A petitioner under this chapter shall not be

charged fees or costs associated with filing, issuance,

registration or service of a petition, motion, complaint, order

or other filing. A petitioner under this chapter shall not be

assessed any fees or costs associated with filing a motion for

reconsideration or an appeal from any order or action taken

under this chapter. Nothing in this subsection is intended to

expand or diminish the court's authority to enter an order under

Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of documents.

Representations to the Court. Violation.).

§ 6204.  Emergency orders.

(a)  General rule.--As set forth in subsection (b), when a

court is unavailable, a petition may be filed before a hearing

officer who may grant relief in accordance with section 6206

(relating to hearings) if the hearing officer deems it necessary

to protect the petitioner upon good cause shown in an ex parte

proceeding. Immediate and present danger to the petitioner shall

constitute good cause for the purposes of this subsection.

(b)  Unavailable.--

(1)  In counties with fewer than four judges, the court

is unavailable:

(i)  From the close of business at the end of each

day to the resumption of business the next morning.

(ii)  From the end of the business week to the

beginning of the business week.

(iii)  During the business day by reason of duties

outside the county, illness or vacation.

(2)  In counties with four or more judges, the court is

unavailable:

(i)  From the close of business at the end of each

day to the resumption of business the next morning.

(ii)  From the end of the business week to the

beginning of the business week.

(c)  Guidelines.--An emergency peace order:

(1)  shall contain only the relief that is minimally

necessary to protect the petitioner; and

(2)  may order the respondent to:

(i)  refrain from committing or threatening to commit

an act specified in section 6203(a) (relating to petition

for peace order) against the petitioner;

(ii)  refrain from contacting, attempting to contact

or harassing the petitioner;

(iii)  refrain from entering the residence of the

petitioner; and

(iv)  refrain from entering the geographic exclusion

zone.

(d)  Expiration of order.--An order issued under subsection

(a) shall expire at the end of the next business day the court

deems itself available. The court shall schedule hearings on

peace orders entered by hearing officers under subsection (a)

and shall review and continue in effect peace orders that are

necessary to protect the petitioner until the hearing, at which

time the petitioner may seek a temporary order from the court.

(e)    Certification of order to court.--An emergency order

issued under this section and documentation in support thereof

shall be immediately certified to the court. The certification

to the court shall have the effect of commencing proceedings

under section 6203 and invoking the other provisions of this

chapter. If it is not already alleged in a petition for an

emergency order, the petitioner shall file a verified statement

setting forth the acts committed by the respondent against the

petitioner at least five days prior to the hearing. Service of

the verified statement shall be made subject to section 6205(b)

(relating to temporary orders).

(f)  Masters for emergency relief.--The president judge of a

court of common pleas of a judicial district may, with the

approval of the Administrative Office of Pennsylvania Courts,

provide for the selection and appointment of a master for

emergency relief on a full-time or part-time basis. The number

of masters for emergency relief shall be fixed by the president

judge with the approval of the Administrative Office of

Pennsylvania Courts. The compensation of a master for emergency

relief shall be fixed and paid by the county. Nothing in this

subsection shall prohibit or require any master for emergency

relief in 23 Pa.C.S. § 6110 (relating to emergency relief by

minor judiciary) from performing the duties for both protection

and peace orders.

(g)  Authority.--A decision of a hearing officer to grant or

deny relief under this section is not binding on and does not

affect any power granted to or duty imposed on a judge of a

court of common pleas or any other court under any law,

including any power to grant or deny a petition for a temporary

peace order or final peace order.

(h)  Penalties.--An individual who knowingly provides false

information in a petition filed under this section is guilty of

a misdemeanor and shall, upon conviction, be sentenced to pay a

fine of not more than $1,000 or to imprisonment for not more

than 90 days, or both.

§ 6205.  Temporary orders.

(a)  General. --

(1)  If, after a hearing on a petition, whether ex parte

or otherwise, a judge finds that there are reasonable grounds

to believe that the respondent has committed, and is likely

to commit in the future, an act specified in section 6203(a)

(relating to petition for peace order) against the

petitioner, the judge may issue a temporary peace order to

protect the petitioner.

(2)  The temporary peace order may include any or all of

the following relief:

(i)  order the respondent to refrain from committing

or threatening to commit an act specified in section

6203(a) against the petitioner;

(ii)  order the respondent to refrain from

contacting, attempting to contact or harassing the

petitioner;

(iii)  order the respondent to refrain from entering

the residence of the petitioner; and

(iv)  order the respondent to refrain from entering

the geographic exclusion zone.

(3)  If the judge issues an order under this section, the

order shall contain only the relief that is minimally

necessary to protect the petitioner.

(b)  Service.--

(1)  The petition and orders shall be served upon the

respondent, and orders shall be served upon the police

departments and sheriff with appropriate jurisdiction to

enforce the orders.

(2)  Failure to serve shall not stay the effect of a

valid order.

(3)  The court shall adopt a means of prompt and

effective service in those instances where the petitioner

avers that service cannot be safely effected by an individual

other than a law enforcement officer or where the court so

orders.

(4)  If the court so orders, the sheriff or other

designated agency or individual shall serve the petition and

order.

(c)  Time.--

(1)  The temporary peace order shall be effective for no

more than seven days after service of the order.

(2)  The judge may extend the temporary peace order as

needed, but not to exceed 30 days, to effectuate service of

the order where necessary to provide protection or for other

good cause.

(d)  Final peace order hearing.--The judge may proceed with a

final peace order hearing instead of a temporary peace order

hearing if:

(1)  one of the following applies:

(i)  the respondent appears at the hearing;

(ii)  the respondent has been served with an

emergency peace order; or

(iii)  the court otherwise has personal jurisdiction

over the respondent.

(2)  the petitioner and the respondent expressly consent

to waive the temporary peace order hearing.

§ 6206.  Hearings.

(a)  General.--A respondent shall have an opportunity to be

heard on the question of whether the judge should issue a final

peace order.

(b)  Mandated information.--

(1)  The following information must be clearly stated on

or with the served documents to the respondent:

(i)  The temporary peace order shall state the date

and time of the final peace order hearing.

(ii)  Unless continued for good cause, the final

peace order hearing shall be held no later than seven

days after the temporary peace order is served on the

respondent.

(2)  The temporary peace order shall include notice to

the respondent:

(i)  in at least ten-point bold type, that if the

respondent fails to appear at the final peace order

hearing, the respondent may be served by first-class mail

at the respondent's last known address with the final

peace order and all other notices concerning the final

peace order;

(ii)  specifying all the possible forms of relief

under subsection (d) that the final peace order may

contain;

(iii)  that the final peace order shall be effective

for the period stated in the order, not to exceed six

months; and

(iv)  in at least ten-point bold type, that the

respondent must notify the court in writing of any change

of address.

(c)  Hearings.--

(1)  If the respondent appears for the final peace order

hearing, has been served with an emergency peace order or a

temporary peace order or the court otherwise has personal

jurisdiction over the respondent, the judge:

(i)  may proceed with the final peace order hearing;

and

(ii)  if the judge finds by clear and convincing

evidence that the respondent has committed, and is likely

to commit in the future, an act specified in section

6203(a) (relating to petition for peace order) against

the petitioner or if the respondent consents to the entry

of a peace order, the court may issue a final peace order

to protect the petitioner.

(2)  A final peace order may be issued only to an

individual who has filed a petition under section 6203.

(3)  In cases where both parties file a petition under

section 6203, the judge may issue mutual peace orders if the

judge finds by clear and convincing evidence that each party

has committed, and is likely to commit in the future, an act

specified in section 6203(a) against the other party.

(d)  Relief.--

(1)  The final peace order may include any or all of the

following relief:

(i)  Order the respondent to refrain from committing

or threatening to commit an act specified in section

6203(a) against the petitioner.

(ii)  Order the respondent to refrain from

contacting, attempting to contact or harassing the

petitioner.

(iii)  Order the respondent to refrain from entering

the residence of the petitioner.

(iv)  Order the respondent to refrain from entering

the geographic exclusion zone.

(v)  Direct the respondent or petitioner to

participate in professionally supervised counseling or,

if the parties are amenable, mediation.

(vi)  Order the respondent to pay filing fees and

costs of a proceeding under this chapter.

(2)  If the judge issues an order under this section, the

order shall contain only the relief that is minimally

necessary to protect the petitioner.

(3)  The court shall assess fees and costs against the

defendant when an order is granted under this chapter. The

court shall only waive fees upon a showing of good cause or

when the court makes a finding that the respondent is not

able to pay the costs.

(e)  Service of final order.--

(1)  A copy of the final peace order shall be served on

the petitioner, the respondent, the appropriate law

enforcement agency and any other person the court determines

is appropriate in open court or, if the person is not present

at the final peace order hearing, by any manner of service

acceptable pursuant to 23 Pa.C.S. § 6109 (relating to service

of orders).

(2)  A copy of the final peace order served on the

respondent in accordance with paragraph (1) constitutes

actual notice to the respondent of the contents of the final

peace order.

(f)  Duration of final order.--All relief granted in a final

peace order shall be effective for the period stated in the

order, not to exceed six months.

(g)  Mutual orders.--Mutual peace orders shall not be awarded

unless both parties have filed timely written petitions,

complied with service requirements and are eligible for peace

orders. The court shall make separate findings, and where

issuing orders on behalf of both petitioners, enter separate

orders.

§ 6207.  Modifications.

(a)  General.--A peace order may be modified or rescinded

during the term of the peace order after:

(1)  giving notice to the petitioner and the respondent;

and

(2)  a hearing.

(b)  Appeals. --

(1)  If a court of common pleas judge grants or denies

relief under a petition filed under this chapter, a

respondent or a petitioner may appeal to the Superior Court

for the county where the court of common pleas is located.

(2)  An appeal taken under this subsection to the

Superior Court shall be heard de novo in the Superior Court.

(3)  (i)  If an appeal is filed under this subsection,

the court of common pleas judgment shall remain in effect

until superseded by a judgment of the Superior Court.

(ii)  Unless the Superior Court orders otherwise,

modification or enforcement of the court of common pleas

order shall be by the court of common pleas.

(c)  Extensions.--

(1)  An extension of a peace order may be granted in the

following circumstances:

(i)  Where the court finds, after a duly filed

petition, notice to the respondent and a hearing in

accordance with the procedures set forth in this chapter,

that the respondent committed one or more of the

enumerated acts in section 6203 (relating to petition for

peace order) after the entry of the original peace order

or that the respondent engaged in a pattern or practice

that indicates a continued risk of harm to the

petitioner.

(ii)  When a contempt petition or charge has been

filed with the court or with a hearing officer in

Philadelphia County, but the hearing has not occurred

before the expiration of the protection order, the order

shall be extended, at a minimum, until the disposition of

the contempt petition and may be extended for another

term beyond the disposition of the contempt petition.

(2)  Service of an extended order shall be made in

accordance with this chapter.

(3)  There shall be no limit on the number of extensions

that may be granted.

§ 6208.  Disclosures.

(a)  General.--An emergency peace order, temporary peace

order and final peace order issued under this chapter shall

state that a violation of the order may result in:

(1)  criminal prosecution; and

(2)  imprisonment or fine, or both.

(b)  Violations.--A temporary peace order and final peace

order issued under this chapter shall state that a violation of

the order may result in a finding of contempt.

§ 6209.  Violations.

(a)  General.--An individual who fails to comply with the

relief granted in an emergency peace order under section 6204

(relating to emergency orders), a temporary peace order under

section 6205(a)(2) (relating to temporary orders), a foreign

peace order under section 6211 (relating to foreign peace

orders) or a final peace order under section 6206(d) (relating

to hearings) is guilty of a misdemeanor and shall, upon

conviction, be sentenced, for each offense, to pay a fine of not

less than $200 nor more than $1,000 or to imprisonment not to

exceed 90 days, or both.

(b)  Arrest.--A law enforcement officer shall arrest with or

without a warrant and take into custody an individual whom the

officer has probable cause to believe is in violation of an

emergency peace order, temporary peace order, foreign peace

order or final peace order in effect at the time of the

violation. The officer may verify the existence of a peace order

by telephone, radio or other electronic communication device

with the department, the Pennsylvania State Police registry,

protection order on file or issuing authority. Upon arrest, the

respondent shall be afforded a preliminary hearing without

unnecessary delay before a court of common pleas judge or a

hearing officer. A formal hearing shall be scheduled within ten

days of the filing of the charge. A law enforcement agency shall

make reasonable efforts to notify the petitioner protected by a

peace order of the arrest of the respondent for a violation

within 24 hours of the arrest.

(c)  Petitioner filings.--A petitioner may file a petition

for civil contempt with the issuing court alleging that the

respondent has violated a provision of an order or court-

approved agreement issued under this chapter or a foreign peace

order. Upon finding a violation of a peace order, the court may

hold the respondent in civil contempt and constrain the

respondent in accordance with law.

(d)  Fines.--Fines paid by the respondent shall be

distributed as follows:

(1)  $100 shall be retained by the county and shall be

used to carry out the provisions of this chapter as follows:

(i)  $50 shall be used by the sheriff.

(ii)  $50 shall be used by the court.

(2)  All other money received shall go to the

Commonwealth and shall be appropriated to the Pennsylvania

State Police to establish and maintain the Statewide registry

of peace orders provided in section 6210 (relating to

registry).

(e)  Respondent's rights.--

(1)  The respondent shall not have the right to a jury

trial for a charge of violating a peace order.

(2)  The respondent shall have the right to an attorney.

(3)  Upon conviction and at the request of the

petitioner, the court shall also grant an extension of the

peace order.

(4)  Upon conviction, the court shall notify the sheriff

of the jurisdiction which issued the order of the conviction.

(f)  Notification of release.--The appropriate releasing

authority or other official, as designated by local rule, shall

use all reasonable means to notify the victim sufficiently in

advance of the release of the offender from any incarceration

imposed under this section. The petitioner must keep the

appropriate releasing authority or other official as designated

by local rule advised of contact information. Failure to do so

will constitute a waiver of any right to notification under this

section.

§ 6210.  Registry.

(a)  Establishment.--The Pennsylvania State Police shall

establish a Statewide registry of peace orders and shall

maintain a complete and systemic record and index of all valid

temporary and final court orders, court-approved consent

agreements and foreign peace orders filed under section 6211

(relating to foreign peace orders). The Statewide registry shall

include, at a minimum, the following:

(1)  The names of the petitioner and protected parties.

(2)  The name and address of the respondent.

(3)  The date the order was entered.

(4)  The date the order expires.

(5)  The relief granted under this chapter.

(6)  The court in which the order was entered.

(7)  If available, the social security number and date of

birth of the respondent.

(b)  Entry and modification.--The prothonotary shall send, on

a form prescribed by the Pennsylvania State Police, a copy of

the peace order or approved consent agreement to the Statewide

registry of peace orders so that it is received within 24 hours

of the entry of the order. Likewise, amendments to, or

revocations of, the order shall be transmitted by the

prothonotary within 24 hours of the entry of the order for

modification or revocation. The Pennsylvania State Police shall

enter orders, amendments and revocations in the Statewide

registry of peace orders within eight hours of receipt. Vacated

or expired orders shall be purged from the registry.

(c)  Availability.--The registry of the Pennsylvania State

Police shall be available at all times to inform courts,

dispatchers and law enforcement officers of any valid protection

order involving the respondent.

(d)  Public access.--Information contained in the Statewide

registry shall not be subject to access under the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

§ 6211.  Foreign peace orders.

(a)  General rule.--A court shall recognize and enforce a

valid foreign peace order issued by a comparable court. The

validity of a foreign protection order shall only be determined

by a court.

(b)  Affirmative defense.--Failure by a comparable court to

provide reasonable notice and opportunity to be heard shall be

an affirmative defense to any charge or process filed seeking

enforcement of a foreign peace order. A comparable court shall

have complied with that court's notice requirements and shall

have given the defendant the opportunity to be heard before the

foreign order was issued. In the case of ex parte orders, the

comparable court shall have complied with that court's notice

requirements and have given the defendant an opportunity to be

heard within a reasonable period of time after the order was

issued, consistent with due process.

(c)  Invalid orders.--A foreign protection order issued by a

comparable court against a party who has filed a petition,

complaint or other written pleading for a peace order is not

valid and not entitled to full faith and credit if:

(1)  no cross or counter petition, complaint or other

written pleading was filed seeking the peace order; or

(2)  a cross or counter petition, complaint or other

written pleading was filed and the court did not make a

specific finding that each party was entitled to a peace

order.

(d)  Filing a foreign protection order.--A plaintiff may file

a certified copy of a foreign peace order with the prothonotary

in any county within this Commonwealth where the plaintiff

believes enforcement may be necessary. The following provisions

shall apply:

(1)  No costs or fees associated with filing a foreign

peace order shall be assigned to the plaintiff, including the

cost of obtaining certified copies of the order. Costs and

fees associated with filing a foreign peace order may be

assessed against the defendant.

(2)  Upon filing of a foreign peace order, a prothonotary

shall transmit, in a manner prescribed by the Pennsylvania

State Police, a copy of the order to the Pennsylvania State

Police registry of peace orders.

(3)  Filing of a foreign peace order shall not be a

prerequisite for service and enforcement.

(e)  Orders issued in another judicial district within this

Commonwealth.--The filing of an order issued in another judicial

district within this Commonwealth is not required for

enforcement purposes.

(f)  Enforcement of foreign protection orders.--

(1)  All foreign protection orders shall have the

presumption of validity in this Commonwealth, and police

officers shall make arrests for violations thereof in the

same manner as set for violations of protection orders issued

within this Commonwealth. Until a foreign order is declared

to be invalid by a court, it shall be enforced by all law

enforcement personnel in this Commonwealth.

(2)  A police officer shall rely upon any copy of a

foreign protection order which has been presented to the

officer by any source and may verify the existence of a

protection order consistent with the provisions of section

6209(b) (relating to violations). The fact that a foreign

protection order has not been filed with a prothonotary or

entered into the Pennsylvania State Police registry shall not

be grounds for law enforcement to refuse to enforce the

order.

§ 6212.  Regulations.

(a)  General.--The Pennsylvania Supreme Court may adopt rules

and forms to implement the provisions of this chapter.

(b)  Form.--

(1)  The Pennsylvania Supreme Court shall adopt a form

for a petition under this chapter.

(2)  A petition form shall contain notice to a petitioner

that an individual who knowingly provides false information

in a petition filed under this chapter is guilty of a

misdemeanor and shall, upon conviction, be sentenced to the

penalties specified in section 6203(d) (relating to petition

for peace order).

§ 6213.  Immunity.

(a)  General.--Law enforcement agencies and their employees

shall be immune from civil liability for actions taken in good

faith to carry out their duties relating to this chapter. This

shall not apply to gross negligence, intentional misconduct and

willful or wanton misconduct.

(b)  Foreign orders.--The following entities shall be immune

from civil liability for a good faith conduct in actions arising

in connection with a court's finding that the foreign order is

invalid or unenforceable:

(1)  Law enforcement agencies, their agents and

employees.

(2)  County correction and detention facilities and their

agents and employees.

(3)  Prothonotaries, their agents and employees.

§ 6214.  Inability to pay.

(a)    Order for installment payments.--Upon plea and proof

that a person is without the financial means to pay a fine, a

fee, economic relief ordered under this chapter or a cost, a

court may order payment of money owed in installments

appropriate to the circumstances of the person and shall fix the

amounts, times and manner of payment.

(b)    Use of credit cards.--The treasurer of each county may

allow the use of credit cards and bank cards in the payment of

money owed under this chapter.

§ 6215.  Construction.

Nothing in this chapter shall be construed to preclude an

action for wrongful use of civil process under Subchapter E of

Chapter 83 (relating to wrongful use of civil proceedings) or

criminal prosecution for a violation of 18 Pa.C.S. Ch. 49

(relating to falsification and intimidation).

Section 3.  This act shall take effect in 60 days.