HOUSE AMENDED
PRIOR PRINTER'S NOS. 605, 1552
PRINTER'S NO. 2083
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
502
Session of
2017
INTRODUCED BY McGARRIGLE, KILLION, BARTOLOTTA, COSTA, HUGHES,
MENSCH, RAFFERTY, RESCHENTHALER, VULAKOVICH, BROOKS, SCAVELLO
AND TARTAGLIONE, MARCH 28, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 9, 2018
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6108(e)(1) of Title 23 of the
Pennsylvania Consolidated Statutes is amended and the subsection
is amended by adding a paragraph BY ADDING A SUBPARAGRAPH to
read:
ยง 6108. Relief.
* * *
(e) Extension of protection orders.--
(1) An extension of a protection order may be granted:
(i) Where the court finds, after a duly filed
petition, notice to the defendant and a hearing, in
accordance with the procedures set forth in sections 6106
and 6107, that the defendant committed one or more acts
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of abuse subsequent to the entry of the final order or
that the defendant engaged in a pattern or practice that
indicates continued risk of harm to the plaintiff or
minor child.
(ii) When a contempt petition or charge has been
filed with the court or with a hearing officer in
[Philadelphia County] a county of the first class, 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.
(1.1) A protection order shall be tolled during a period
of incarceration of a defendant and shall continue in effect
for a period of 90 days after the defendant has been released
from incarceration. The plaintiff shall not be required to
show that the defendant engaged in a new act that indicates a
continued risk of harm to the plaintiff.
* * *
(III) IF THE PLAINTIFF FILES A PETITION FOR AN
EXTENSION OF THE ORDER AND THE DEFENDANT IS OR WAS
INCARCERATED AND WILL BE RELEASED FROM CUSTODY IN THE
NEXT 90 DAYS OR HAS BEEN RELEASED FROM CUSTODY WITHIN THE
PAST 90 DAYS. THE PLAINTIFF DOES NOT NEED TO SHOW THAT
THE DEFENDANT COMMITTED ONE OR MORE ACTS OF ABUSE
SUBSEQUENT TO THE ENTRY OF THE ORDER OR THAT THE
DEFENDANT ENGAGED IN A PATTERN OR PRACTICE THAT INDICATES
CONTINUED RISK OF HARM TO THE PLAINTIFF OR MINOR CHILDREN
AS SET FORTH IN SUBPARAGRAPH (I).
* * *
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Section 2. This act shall take effect in 60 days.
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