PRINTER'S NO. 1063
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1031
Session of
2021
INTRODUCED BY SAPPEY, MIHALEK, HANBIDGE, GALLOWAY, MALAGARI,
HOWARD, T. DAVIS, FREEMAN, HILL-EVANS, SANCHEZ, KINSEY,
McNEILL, PASHINSKI, HOHENSTEIN, BROOKS, CIRESI, ISAACSON,
THOMAS, SCHROEDER, SOLOMON, SHUSTERMAN AND O'MARA,
MARCH 26, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 26, 2021
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for relief, for emergency relief by minor judiciary
and for arrest for violation of order.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6108(a.1)(2) and (e)(1)(i) of Title 23 of
the Pennsylvania Consolidated Statutes are amended, subsection
(a) is amended by adding a paragraph and the section is amended
by adding a subsection to read:
§ 6108. Relief.
(a) General rule.--Subject to subsection (a.1), 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) Granting temporary ownership rights over a
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companion animal and directing the defendant to refrain from
possessing, contacting, attempting to contact, transferring
or relocating the companion animal or contacting or entering
the property of any person sheltering the companion animal.
* * *
(a.1) Final order or agreement.--The following apply:
* * *
(2) A final agreement may direct the defendant to
refrain from abusing, harassing, stalking, threatening or
attempting or threatening to use physical force against the
plaintiff [or], minor children or companion animal and may
order that the defendant is subject to the firearms, other
weapons or ammunition and firearms license prohibition and
relinquishment provisions under subsection (a)(7).
* * *
(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
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 or companion animal.
* * *
(j) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Companion animal." An animal not used in commercial
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agriculture or production which is owned, kept, leased,
possessed or held by the petitioner or respondent or a minor
child of either.
Section 2. Sections 6110(a) and 6113(a) of Title 23 are
amended to read:
§ 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) [or],
(1) and (6) or (1) and (9.1) (relating to relief) if 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.
* * *
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§ 6113. Arrest for violation of order.
(a) General rule.--An arrest for violation of an order
issued pursuant to this chapter or a foreign protection order
may be without warrant upon probable cause whether or not the
violation is committed in the presence of the police officer or
sheriff in circumstances where the defendant has violated a
provision of an order consistent with section 6108(a)(1), (2),
(3), (4), (6), (7) [or], (9) or (9.1) (relating to relief). The
police officer or sheriff may verify the existence of a
protection order by telephone, radio or other electronic
communication with the appropriate police department,
Pennsylvania State Police registry, protection order file or
issuing authority. A police officer or sheriff shall arrest a
defendant for violating an order issued under this chapter by a
court within the judicial district, issued by a court in another
judicial district within this Commonwealth or a foreign
protection order issued by a comparable court.
* * *
Section 2. This act shall take effect in 60 days.
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