PRINTER'S NO. 2160
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1393
Session of
2015
INTRODUCED BY KITCHEN, COSTA, HUGHES, BREWSTER, TEPLITZ,
SCHWANK, FONTANA, TARTAGLIONE, RAFFERTY AND YUDICHAK,
OCTOBER 18, 2016
REFERRED TO JUDICIARY, OCTOBER 18, 2016
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for definitions, for commencement of proceedings,
for hearings, for relief, for emergency relief by minor
judiciary and for contempt for violation of order or
agreement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "abuse," "domestic violence
counselor/advocate," "domestic violence program," "family or
household members" and "victim" in section 6102(a) of Title 23
of the Pennsylvania Consolidated Statutes are amended and the
subsection is amended by adding definitions to read:
§ 6102. Definitions.
(a) General rule.--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:
"Abuse" or "domestic abuse." The occurrence of one or more
of the following acts between family or household members,
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dating partners, sexual or intimate partners or persons who
share biological parenthood:
(1) Attempting to cause or intentionally, knowingly or
recklessly causing bodily injury, serious bodily injury,
rape, involuntary deviate sexual intercourse, sexual assault,
statutory sexual assault, aggravated indecent assault,
indecent assault or incest with or without a deadly weapon.
(2) Placing another in reasonable fear of imminent
serious bodily injury.
(3) The infliction of false imprisonment pursuant to 18
Pa.C.S. § 2903 (relating to false imprisonment).
(4) Physically or sexually abusing minor children,
including such terms as defined in Chapter 63 (relating to
child protective services).
(5) Knowingly engaging in a course of conduct or
repeatedly committing acts toward another person, including
following the person, without proper authority, under
circumstances which place the person in reasonable fear of
bodily injury. The definition of this paragraph applies only
to proceedings commenced under this title and is inapplicable
to any criminal prosecutions commenced under Title 18
(relating to crimes and offenses).
(6) Engaging in dating violence.
* * *
"Dating partner." A person, regardless of gender, who is or
has been involved in an intimate relationship with another
person, primarily characterized by the expectation of
affectionate involvement, whether casual, serious or long term.
"Dating violence." Behavior where one person uses threats
of, or actually uses, physical, sexual, verbal or emotional
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abuse to control the person's dating partner.
"Defendant." An adult or minor against whom a petition has
been filed under this chapter.
"Domestic violence counselor/advocate." An individual who is
engaged in a domestic violence program, the primary purpose of
which is the rendering of counseling or assistance to victims of
domestic [violence] abuse, who has undergone 40 hours of
training.
"Domestic violence program." A nonprofit organization or
program whose primary purpose is to provide services to domestic
[violence] abuse victims which include, but are not limited to,
crisis hotline; safe homes or shelters; community education;
counseling systems intervention and interface; transportation,
information and referral; and victim assistance.
"Family or household members." Spouses or persons who have
been spouses, persons living as spouses or who lived as spouses,
parents and children, other persons related by consanguinity or
affinity[, current or former sexual or intimate partners] or
persons who share biological parenthood.
* * *
"Next friend." A competent individual 18 years of age or
older who is chosen by a minor victim of abuse and who is
capable of pursuing the victim's stated interest in an action
filed under this chapter.
* * *
"Sexual or intimate partner." A person who has engaged in
one or more acts of a romantic or intimate nature with the
abuser. The term may include a dating partner.
* * *
"Social media Internet website." The term includes social
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networking Internet websites and any other forms of media that
involve creating, sharing and viewing user-generated information
through an account, service or Internet website.
"Victim." A person who is physically or sexually abused by a
family or household member, a dating partner, a sexual or
intimate partner or a person who shares biological parenthood.
For purposes of section 6116 (relating to confidentiality), a
victim is a person against whom abuse is committed who consults
a domestic violence counselor or advocate for the purpose of
securing advice, counseling or assistance. The term shall also
include persons who have a significant relationship with the
victim and who seek advice, counseling or assistance from a
domestic violence counselor or advocate regarding abuse of the
victim.
* * *
Section 2. Sections 6106(a) and 6107(a) and (b)(1) of Title
23 are amended and the sections are amended by adding
subsections to read:
§ 6106. Commencement of proceedings.
(a) General rule.--[An adult or an emancipated minor may
seek relief under this chapter for that person or any parent,
adult household member or guardian ad litem may seek relief
under this chapter on behalf of minor children, or a guardian of
the person of an adult who has been declared incompetent under
20 Pa.C.S. Ch. 51 Subch. B (relating to appointment of guardian)
may seek relief on behalf of the incompetent adult, by filing a
petition with the court alleging abuse by the defendant.] The
following persons may seek relief under this chapter by filing a
petition with the court alleging abuse by the defendant:
(1) An adult or emancipated minor on the minor's own
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behalf.
(2) A minor, 13 years of age or older, on the minor's
own behalf.
(3) A parent, adult household member, guardian, guardian
ad litem or next friend on behalf of a minor.
(4) A guardian of the person of an adult who has been
declared incapacitated under 20 Pa.C.S. Ch. 55 Subch. C
(relating to appointment of guardian; bonds; removal and
discharge) on behalf of the incapacitated adult.
* * *
(a.3) Minors.--
(1) If a minor elects to seek relief under this chapter
on the minor's own behalf under subsection (a)(2), the court
shall determine:
(i) The reason the minor is electing to seek relief
under this chapter without the assistance of a parent,
adult household member, guardian, guardian ad litem or
next friend.
(ii) Whether the minor is mature and capable of
understanding and participating in the proceedings
without the assistance of a parent, adult household
member, guardian, guardian ad litem or next friend.
(iii) Whether it is in the best interests of the
minor to proceed without parental or guardian
notification or assistance.
(iv) Whether it is in the best interests of the
minor to appoint a guardian ad litem to assist the minor.
(2) If a court determines that proceeding without the
assistance of a parent, guardian or next friend, or with the
assistance of a guardian ad litem, is not in the best
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interest of the minor, the court shall notify the parents,
guardian or next friend, designated by the minor, that the
minor has filed a petition for relief under this chapter.
Nothing in this subsection shall be construed to prohibit a
court from entering a temporary order under section 6107(b)
(relating to hearings) concomitant with providing notice to
the parents, guardian or next friend under this paragraph.
(3) Upon issuance of an order under section 6107(b) or
6108 (relating to relief), if the minor initially appeared in
court seeking an order without a parent or guardian and if
the minor is residing with a parent or guardian, the court
shall send a copy of the order to the parents or guardian
designated by the minor, unless, in the discretion of the
court, notification of the parents or guardian would be
contrary to the best interest of the minor. The court is not
required to send the order to more than one parent or
guardian.
* * *
§ 6107. Hearings.
(a) General rule.--Within ten business days of the filing of
a petition under this chapter, a hearing shall be held before
the court, at which the plaintiff must prove the allegation of
abuse by a preponderance of the evidence. The court shall, at
the time the defendant is given notice of the hearing, advise
the defendant of the right to be represented by counsel, of the
possibility that any firearm, other weapon or ammunition owned
and any firearm license possessed may be ordered temporarily
relinquished, of the options for relinquishment of a firearm
pursuant to this chapter, of the possibility that Federal or
State law may prohibit the possession of firearms, including an
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explanation of 18 U.S.C. § 922(g)(8) (relating to unlawful
acts), and that any protection order granted by a court may be
considered in any subsequent proceedings under this title. This
notice shall be printed and delivered in a manner which easily
attracts attention to its content and shall specify that child
custody is one of the proceedings where prior protection orders
may be considered.
(b) Temporary orders.--
(1) If a plaintiff petitions for temporary order for
protection from abuse and alleges immediate and present
danger of abuse to the plaintiff or minor children, the court
shall, as soon as possible, but no later than 24 hours after
the filing of the petition, conduct an ex parte proceeding.
* * *
(d) Evidence of plaintiff's sexual conduct.--Evidence of
specific instances of the plaintiff's past sexual conduct,
opinion evidence of the plaintiff's past sexual conduct and
reputation evidence of the plaintiff's past sexual conduct shall
not be admissible in proceedings under this chapter except
evidence of the plaintiff's past sexual conduct with the
defendant shall be admissible for the sole purpose of
establishing the existence of a dating partner or sexual or
intimate partner relationship.
Section 3. Sections 6108(a)(6), 6110(a) and 6114(b) of Title
23 are amended to read:
§ 6108. Relief.
(a) General rule.--The court may grant any protection order
or approve any consent agreement to bring about a cessation of
abuse of the plaintiff or minor children. The order or agreement
may include:
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* * *
(6) Prohibiting the defendant from having any contact
with the plaintiff or minor children, including, but not
limited to, contacting the plaintiff or minor children
through electronic means, including through telephone, e-
mail, text messaging or social media Internet websites,
restraining the defendant from entering the place of
employment or business or school of the plaintiff or minor
children and from harassing the plaintiff or plaintiff's
relatives or minor children.
* * *
§ 6110. Emergency relief by minor judiciary.
(a) General rule.--When:
(1) in counties with less 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; and
(iii) during the business day by reason of duties
outside the county, illness or vacation;
(2) in counties with at least 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; and
(ii) from the end of the business week to the
beginning of the business week;
a petition may be filed before a hearing officer who may grant
relief in accordance with section 6108(a)(1), (2) [and (6)], (6)
and (7) or (1) [and (6)], (6) and (7) (relating to relief) if
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the hearing officer deems it necessary to protect the plaintiff
or minor children from abuse upon good cause shown in an ex
parte proceeding. Immediate and present danger of abuse to the
plaintiff or minor children shall constitute good cause for the
purposes of this subsection.
* * *
§ 6114. Contempt for violation of order or agreement.
* * *
(b) Trial and punishment.--
(1) A sentence for contempt under this chapter may
include:
(i) (A) a fine of not less than [$300] $500 nor
more than $1,000 and imprisonment up to six months;
or
(B) a fine of not less than [$300] $500 nor more
than $1,000 and supervised probation not to exceed
six months; and
(ii) an order for other relief set forth in this
chapter.
(2) All money received under this section shall be
distributed in the following order of priority:
(i) [$100] $150 shall be forwarded to the
Commonwealth and shall be appropriated to the
Pennsylvania State Police to establish and maintain the
Statewide registry of protection orders provided for in
section 6105 (relating to responsibilities of law
enforcement agencies).
(ii) [$100] $150 shall be retained by the county and
shall be used to carry out the provisions of this chapter
as follows:
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(A) [$50] $75 shall be used by the sheriff.
(B) [$50] $75 shall be used by the court.
(iii) [$100] $200 shall be forwarded to the
Department of [Public Welfare] Human Services for use for
victims of domestic violence in accordance with the
provisions of section 2333 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929, and for use for victims of abuse as defined in
section 6102(a) (relating to definitions).
(iv) Any additional money shall be [forwarded to the
Commonwealth and shall be used by the Pennsylvania State
Police to establish and maintain the Statewide registry
of protection orders provided for in section 6105.]
distributed as follows:
(A) Fifty percent to the Commonwealth for use in
accordance with subparagraph (i).
(B) Fifty percent to the Department of Human
Services for use in accordance with subparagraph
(iii).
(3) The defendant shall not have a right to a jury trial
on a charge of indirect criminal contempt. However, the
defendant shall be entitled to counsel.
(4) Upon conviction for indirect criminal contempt and
at the request of the plaintiff, the court shall also grant
an extension of the protection order for an additional term.
(5) Upon conviction for indirect criminal contempt, the
court shall notify the sheriff of the jurisdiction which
issued the protection order of the conviction.
(6) The minimum fine required by subsection (b)(1)
allocated pursuant to [subsection (b)(2)(i) and (iii)]
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paragraph (2)(i) and (iii), and any additional funds
allocated pursuant to paragraph (2)(iv), shall be used to
supplement and not to supplant any other source of funds
received for the purpose of carrying out the provisions of
this chapter.
* * *
Section 4. This act shall take effect in 60 days.
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