PRINTER'S NO. 317
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
307
Session of
2021
INTRODUCED BY BOSCOLA, COSTA, FONTANA, HUGHES, SCHWANK, K. WARD,
GORDNER, MENSCH, CAPPELLETTI, HAYWOOD, KANE, BARTOLOTTA AND
MARTIN, MARCH 10, 2021
REFERRED TO JUDICIARY, MARCH 10, 2021
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(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
ยง 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:
* * *
( 2.1) Granting the transfer of an existing wireless
telephone number, including the wireless telephone numbers of
minor children in the care of the plaintiff, to the plaintiff
when the billing responsibility for and rights to the
wireless telephone number belong to the defendant as the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
account holder, subject to the following:
(i) The order shall be a separate order that is
directed to the wireless telephone service provider. The
order shall list the name and billing telephone number of
the defendant, the name and contact information of the
plaintiff to whom the wireless telephone number will be
transferred and the wireless telephone number to be
transferred to the plaintiff. The court shall ensure that
the contact information of the plaintiff is not provided
to the defendant in proceedings held under section 6112
(relating to disclosure of addresses).
(ii) T he order shall be served on the wireless
service provider. The wireless service provider shall
establish protocols to respond to orders issued under
this subparagraph.
(iii) If applicable, the wireless service provider
shall notify the court and plaintiff within three
business days of receipt of the order that the wireless
service provider cannot operationally or technically
effectuate the order due to certain circumstances,
including the following:
(A) The defendant has already terminated the
account.
(B) D ifferences in wireless network technology
that prevent the functionality of a device on the
network.
(C) Geographic or other limitations on the
wireless network or service availability.
(iv) Upon transfer of billing responsibility for and
rights to the wireless telephone number to a plaintiff
20210SB0307PN0317 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
under this paragraph, the plaintiff shall assume all
financial responsibility for the transferred wireless
telephone number, monthly service costs and costs for the
mobile device attached to the wireless telephone number.
(v) W ireless service providers shall apply routine
and customary requirements for account establishment for
the plaintiff as part of the transfer of billing
responsibility for wireless telephone numbers and any
mobile devices attached to the wireless telephone numbers
under this paragraph, including identification, financial
information and customer preferences.
(vi) Nothing in this paragraph may be construed to
affect the ability of the court to apportion the assets
and debts of the plaintiff and defendant as provided by
the laws of this Commonwealth or the ability to determine
the temporary use, possession and control of personal
property under this chapter.
(vii) No cause of action shall be brought against a
wireless telephone service provider or the wireless
telephone service provider's officers, employees or
agents for actions taken in accordance with the terms of
an order issued under this paragraph.
(viii) The Supreme Court may develop any forms or
rules necessary to effectuate this paragraph.
* * *
Section 2. This act shall take effect in 60 days.
20210SB0307PN0317 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26