PRINTER'S NO. 2178
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1632
Session of
2017
INTRODUCED BY HILL-EVANS, SAMUELSON, FREEMAN, SCHWEYER,
SCHLOSSBERG, J. HARRIS, McNEILL, CALTAGIRONE, DEAN, FRANKEL,
SOLOMON, KINSEY, MILLARD, BULLOCK, YOUNGBLOOD, BARRAR,
V. BROWN, NEILSON, D. COSTA, DeLUCA, ROZZI, DALEY, DAVIS,
BOYLE, O'BRIEN, BRIGGS, RABB, McCARTER, WHEATLEY, ROEBUCK,
FITZGERALD AND COMITTA, JUNE 28, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 28, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for relief and providing for shared telephone
plans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6108 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 6108. Relief.
* * *
(i) Shared telephone plans.--
(1) If a plaintiff is a party to a telephone plan
contract held by and in the name of the defendant, or a
relative of the defendant, in a protection order or consent
agreement approved by the court in accordance with subsection
(a), the court shall:
(i) Order the defendant to remove the plaintiff as a
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party to the telephone plan contract within three
calendar days.
(ii) Order the defendant to pay a surcharge, early
termination fee or other penalty that may be incurred as
a result of removing the plaintiff as a party to the
telephone plan contract.
(2) Failure to remove the plaintiff as a party to the
shared telephone contract shall be subject to the penalties
as prescribed in sections 6113 (relating to arrest for
violation of order) and 6114 (relating to contempt for
violation of order or agreement).
(3) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Shared telephone plan." A package of services offered
to subscribers at a set monthly access fee or rate by a
telecommunications service provider, including, but not
limited to, voice, messaging, data, Internet access and
television content under a telephone plan contract.
"Telecommunications service provider." A company,
including a provider of cable television, that supplies
customers with telecommunications services, including land
line and wireless telephone services, Internet access, data
and the delivery of television content.
"Telephone plan contract." A shared telephone plan that
allows a customer to share minutes and other services with
another individual under one account or as parties to one
contract with a telecommunications service provider,
regardless of whether the plan is a shared-minute plan or
family plan.
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Section 2. Title 23 is amended by adding a section to read:
§ 6108.6. Shared telephone plans.
(a) General rule.--
(1) A telecommunications service provider shall allow an
individual who is a party to a telephone plan contract with
the provider and a victim of domestic violence involving
another individual who is a party to the same telephone plan
contract to opt out of the telephone plan contract without
charge. A request to opt out of a telephone plan contract
must be in writing and include one of the following documents
which must relate to the domestic violence:
(i) A valid police report.
(ii) A valid protection from abuse order.
(iii) A signed affidavit from a licensed medical or
mental health care provider, an employee of a court
acting within the scope of employment, a social worker, a
rape crisis counselor, a domestic violence counselor or
an advocate acting on behalf of an agency that assists
domestic violence victims.
(2) A request to opt out of a telephone plan contract
shall be made in good faith and the telecommunications
service provider shall waive the otherwise applicable fees or
charges for the individual making the request.
(3) If an individual requests an accommodation under
this section, the telecommunications service provider shall
provide, at no additional charge to the individual, a new
telephone number within 24 hours from the time the request is
made.
(b) Deadline for providing documents.--A document provided
to a telecommunications service provider by an individual
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seeking to opt out of a telephone plan contract in accordance
with subsection (a) must be:
(1) submitted to the telecommunications service provider
at the time the request to opt out is made;
(2) issued no more than six months before the opt-out
request.
(c) Retention and confidentiality of documents.--
(1) A telecommunications service provider that receives
a written request accompanied by the necessary documentation
to opt out of a telephone plan contract in accordance with
this section may retain the documentation or return it to the
individual seeking to opt out.
(2) Documentation provided to a telecommunications
service provider by a victim of domestic violence shall be
considered confidential communications and, if retained by
the telecommunications service provider, shall be subject to
the confidentiality requirements under Federal or State law.
(d) Applicability.--This section shall apply to telephone
plan contracts entered into on or after the effective date of
this section.
(e) Definitions.--For the purposes of this section, the
terms "telecommunications service provider" and "telephone plan
contract" shall have the meanings given to them in section
6108(i)(3) (relating to relief).
Section 3. This act shall take effect as follows:
(1) The addition of 23 Pa.C.S. § 6108(i) shall take
effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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