PRINTER'S NO. 1656
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1337
Session of
2017
INTRODUCED BY PASHINSKI, HILL-EVANS, KINSEY, McNEILL,
CALTAGIRONE, MILLARD, KORTZ, KULIK, DONATUCCI, NEILSON,
DeLUCA, ROZZI, CRUZ, VAZQUEZ, HARKINS AND BOBACK, MAY 5, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MAY 5, 2017
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in abuse of family, further providing for
definitions, for commencement of proceedings, for relief, for
emergency relief by minor judiciary, for arrest for violation
of order, for contempt for violation of order or agreement,
for inability to pay and providing for domestic violence
treatment, for GPS electronic monitoring and for payment of
costs; and, in budget and finance, further providing for
Commonwealth portion of fines, etc. and providing for
Domestic Violence Reduction Account.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102(a) of Title 23 of the Pennsylvania
Consolidated Statutes 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:
* * *
"Domestic violence treatment program." A program, including
a batterer's intervention program, which is approved by the
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Department of Human Services for the treatment of perpetrators
of abuse.
* * *
"GPS." A global positioning system operated by the United
States Department of Defense that provides specially coded
satellite signals that may be processed by a receiver to compute
location.
"GPS electronic monitoring device." A device that enables
the location of an individual wearing the device to be recorded
through use of GPS and related technology and is designed so
that the device:
(1) Actively monitors, identifies and records location
data.
(2) Permits law enforcement officers to monitor an
individual's location in real time and to download location
data.
(3) May be worn around an individual's wrist or ankle.
(4) Once fitted around an individual's wrist or ankle,
may not be removed without employing specialized equipment
specifically designed for that purpose.
* * *
Section 2. Section 6106(a) of Title 23 is amended 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
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with the court alleging abuse by the defendant. The form of the
petition shall include types of relief which the plaintiff may
seek. Types of relief available on the form of the petition
shall include a request that the defendant submit to a domestic
violence treatment evaluation and, if the evaluation recommends
treatment, that the defendant complete a domestic violence
treatment program.
* * *
Section 3. Section 6108(a) of Title 23 is amended by adding
paragraphs 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:
* * *
(9.1) Requiring the defendant to wear a GPS electronic
monitoring device.
(9.2) Ordering the defendant to submit to a domestic
violence treatment evaluation and, if the evaluation
recommends treatment, requiring the defendant to complete a
domestic violence treatment program.
* * *
Section 4. Section 6110 of Title 23 is amended by adding a
subsection to read:
§ 6110. Emergency relief by minor judiciary.
* * *
(a.1) Service of order.--An order issued under subsection
(a) must be served upon the defendant within six hours of
issuance of the order. Service shall be effected by a law
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enforcement officer. The law enforcement officer shall, within
24 hours of service of the order, submit verification to the
court of service of the order.
* * *
Section 5. Section 6113(c) of Title 23 is amended and the
section is amended by adding a subsection to read:
§ 6113. Arrest for violation of order.
* * *
(c) Procedure following arrest.--Subsequent to an arrest,
the defendant shall be taken by the police officer or sheriff
without unnecessary delay before the court in the judicial
district where the contempt is alleged to have occurred. The
court shall determine whether the defendant is a veteran of the
United States Armed Forces or of the Pennsylvania National Guard
for the purpose of referring the defendant to appropriate
veterans' services. When that court is unavailable, the police
officer or sheriff shall convey the defendant to a magisterial
district judge designated as appropriate by local rules of court
or, in the city of Pittsburgh, to a magistrate of the Pittsburgh
Magistrates Court or, in counties of the first class, to the
appropriate hearing officer. For purposes of procedure relating
to arraignments for arrest for violation of an order issued
under this chapter, the judges of Pittsburgh Magistrates Court
shall be deemed to be magisterial district judges.
* * *
(d.1) Bail.--When setting bail for a defendant arrested
under this section, the court shall:
(1) Conduct a risk assessment, if a risk assessment is
not required under any other statute, and consider the result
of the risk assessment.
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(2) Consider all of the following:
(i) Requiring the defendant to wear a GPS electronic
monitoring device.
(ii) Ordering the defendant to submit to a domestic
violence treatment evaluation and, if the evaluation
recommends treatment, requiring the defendant to complete
a domestic violence treatment program.
(3) State in writing each reason for not ordering the
conditions under paragraph (2).
* * *
Section 6. Section 6114(b) of Title 23 is amended by adding
paragraphs to read:
§ 6114. Contempt for violation of order or agreement.
* * *
(b) Trial and punishment.--
* * *
(1.1) The following shall apply:
(i) In addition to the penalties set forth in
paragraph (1), the court may order a defendant convicted
of indirect criminal contempt under this section to:
(A) Wear a GPS electronic monitoring device.
(B) Submit to a domestic violence treatment
evaluation and, if the evaluation recommends
treatment, require the defendant to complete a
domestic violence treatment program.
(C) Both conditions under clauses (A) and (B).
(ii) If the court elects not to sentence the
defendant under subparagraph (i), each reason for not
sentencing the defendant under subparagraph (i) must be
stated in writing.
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(1.2) If the defendant has previously been held in
indirect criminal contempt for violating a protection order
issued under this chapter, a foreign protection order or a
court-approved consent agreement, the sentence for contempt
shall include all of the following:
(i) Requiring the defendant to wear a GPS electronic
monitoring device.
(ii) Ordering the defendant to submit to a domestic
violence treatment evaluation and, if the evaluation
recommends treatment, requiring the defendant to complete
a domestic violence treatment program.
* * *
Section 7. Section 6120(a) of Title 23 is amended and the
section is amended by adding a subsection to read:
§ 6120. 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 section 6108(a)(8) (relating
to relief) or a cost] a fine, fee or cost described under this
chapter, 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.
(a.1) Applicability.--This section shall apply to the
payment of the following:
(1) A fine, fee or cost a defendant must pay under this
chapter.
(2) Economic relief ordered under section 6108(a)(8)
(relating to relief).
(3) Costs associated with wearing a GPS electronic
monitoring device as ordered under this chapter.
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(4) Costs associated with a domestic violence treatment
evaluation ordered under this chapter.
(5) Costs associated with a domestic violence treatment
program ordered under this chapter.
* * *
Section 8. Title 23 is amended by adding sections to read:
§ 6123. Domestic violence treatment.
(a) Evaluation.--A domestic violence treatment evaluation
ordered under this chapter shall include a mental health
evaluation and screening for potential drug and alcohol abuse
and dependency.
(b) Treatment.--If a defendant is ordered to complete a
domestic violence treatment program, the defendant shall also be
required to attend mental health treatment, drug and alcohol
treatment, or both, if the results of the domestic violence
treatment evaluation recommend mental health treatment, drug and
alcohol treatment, or both. The defendant's domestic violence
treatment provider may:
(1) Provide mental health treatment, drug and alcohol
treatment, or both, to the defendant if it is permitted under
the laws of this Commonwealth to provide the treatment.
(2) Refer the defendant to a mental health treatment
provider, drug and alcohol treatment provider, or both.
§ 6124. GPS electronic monitoring.
(a) General rule.--If a defendant is ordered to wear a GPS
electronic monitoring device under this chapter, the plaintiff
may also voluntarily elect to have the plaintiff's location
monitored through GPS electronic monitoring in a manner that the
plaintiff receives a notification when the defendant is located
within a certain distance of the plaintiff's location. The
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court:
(1) Shall notify each eligible plaintiff of the option
to participate in GPS electronic monitoring.
(2) May not require a plaintiff to participate in GPS
electronic monitoring.
(3) Shall establish the distance that the defendant must
remain from the plaintiff.
(b) Costs.--Costs or fees associated with GPS electronic
monitoring may not be assigned to the plaintiff. Costs related
to the plaintiff's participation in GPS electronic monitoring
shall be covered using the money paid to the county from the
Domestic Violence Reduction Account established under 42 Pa.C.S.
§ 3576 (relating to Domestic Violence Reduction Account).
§ 6125. Payment of costs.
If the defendant is ordered to wear a GPS electronic
monitoring device, submit to a domestic violence treatment
evaluation or complete a domestic violence treatment program
under this chapter, the defendant shall bear all associated
costs, except that a court shall use any available money the
court receives from the Domestic Violence Reduction Account to
defray costs associated with GPS electronic monitoring pursuant
to the requirements of 42 Pa.C.S. § 3576 (relating to Domestic
Violence Reduction Account).
Section 9. Section 3571 of Title 42 is amended by adding a
subsection to read:
§ 3571. Commonwealth portion of fines, etc.
* * *
(f) Assault offenses.--In addition to all other fines and
costs authorized by law, an assessment shall be imposed against
a defendant as follows:
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(1) If the defendant is convicted of or enters a plea of
guilt or nolo contendere for an offense under 18 Pa.C.S. §
2701 (relating to simple assault), an assessment of $20 shall
be imposed.
(2) If the defendant is convicted of or enters a plea of
guilt or nolo contendere for an offense under 18 Pa.C.S. §
2702 (relating to aggravated assault) or § 2702.1 (relating
to assault of a law enforcement officer), an assessment of
$40 shall be imposed.
Assessments collected under this subsection shall be directed to
the Domestic Violence Reduction Account established under § 3576
(relating to Domestic Violence Reduction Account).
Section 10. Title 42 is amended by adding a section to read:
§ 3576. Domestic Violence Reduction Account.
(a) Establishment.--There is established within the State
Treasury a restricted account to be known as the Domestic
Violence Reduction Account. The account shall be comprised of
assessments collected under § 3571(f) (relating to Commonwealth
portion of fines, etc. ).
(b) Distribution from account.--The Pennsylvania Commission
on Crime and Delinquency shall distribute the money in the
account to counties for use as follows:
(1) To fund GPS electronic monitoring of plaintiffs in
protective order proceedings who elect to participate in GPS
electronic monitoring under 23 Pa.C.S. Chapter 61 (relating
to protection from abuse). If money received by a county
under this paragraph remains after funding GPS electronic
monitoring of plaintiffs in protective order proceedings who
elect to participate in GPS electronic monitoring, the county
shall use the money to fund GPS electronic monitoring of
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defendants in protective order proceedings under 23 Pa.C.S.
Chapter 61.
(2) If any money received by a county under this section
remains after fulfilling the provisions of paragraph (1), the
county shall use the money to fund programs related to
combating domestic violence, including domestic violence
victim services.
(c) Fee increase.--If the money in the account is depleted
prior to the conclusion of the fiscal year, the Attorney General
shall increase the fees specified in section 3571(f) in an
amount that the Attorney General determines is sufficient to
fund GPS electronic monitoring of plaintiffs in protective order
proceedings for the remainder of the fiscal year. Courts shall
collect the increased fee until the first day of the following
fiscal year, at which time the fee increase shall expire.
(d) Report to General Assembly.--The Pennsylvania Commission
on Crime and Delinquency shall submit to the General Assembly by
March 1 of each year a report regarding the administration of
this section. The report shall include, but not be limited to:
(1) The total amount of money placed in the Domestic
Violence Reduction Account during the previous fiscal year.
(2) The amount of money distributed to each county
during the previous fiscal year and the programs for which
each county used the money.
(3) If the Pennsylvania Commission on Crime and
Delinquency deems it necessary, recommendations for
legislative changes to this section and section 3571(f).
Section 11. This act shall take effect in 60 days.
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