PRINTER'S NO. 1356
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1276
Session of
2021
INTRODUCED BY FARRY, MILLARD, HILL-EVANS, PICKETT, THOMAS,
MADDEN, GUENST, ROTHMAN, SANCHEZ, SCHLEGEL CULVER, TOPPER,
SCHLOSSBERG, NEILSON, CIRESI, FREEMAN, R. BROWN, O'MARA AND
STEPHENS, APRIL 23, 2021
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 23, 2021
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for emergency relief by minor judiciary.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6110(b) and (d) of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 6110. Emergency relief by minor judiciary.
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(b) Expiration of order.--An order issued under subsection
(a) shall expire at the end of the next business day the court
deems itself available[.], unless a court by local rule provides
that orders issued under subsection (a) expire when the court
holds a hearing under this chapter or within 10 business days,
whichever occurs sooner. Orders issued in counties that have
adopted a local rule under this subsection shall be entered into
the Statewide registry pursuant to section 6105(e) (relating to
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responsibilities of law enforcement agencies). The court shall
schedule hearings on protection orders entered by hearing
officers under subsection (a) and shall review and continue in
effect protection orders that are necessary to protect the
plaintiff or minor children from abuse until the hearing, at
which time the plaintiff may seek a temporary order from the
court.
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(d) Instructions regarding the commencement of
proceedings.--[Upon]
(1) Except in a county where by local rule an order
issued under subsection (a) expires when the court holds a
hearing under this chapter, upon issuance of an emergency
order, the hearing officer shall provide the plaintiff
instructions regarding the commencement of proceedings in the
court of common pleas at the beginning of the next business
day and regarding the procedures for initiating a contempt
charge should the defendant violate the emergency order. The
hearing officer shall also advise the plaintiff of the
existence of programs for victims of domestic violence in the
county or in nearby counties and inform the plaintiff of the
availability of legal assistance without cost if the
plaintiff is unable to pay for them.
(2) In a county where by local rule an order issued
under subsection (a) expires when the court holds a hearing
under this chapter, upon issuance of an emergency order, the
hearing officer shall provide both the plaintiff and the
defendant notice of the date, time and place of the hearing
before the court of common pleas for the issuance of a final
order or the continuation of a temporary order and shall
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provide the plaintiff notice of the procedures for initiating
a contempt charge should the defendant violate the emergency
order. The hearing officer shall also advise the plaintiff of
the existence of programs for victims of domestic violence in
the county or in nearby counties and inform the plaintiff of
the availability of legal assistance without cost if the
plaintiff is unable to pay for them.
* * *
Section 2. This act shall take effect in 60 days.
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