PRINTER'S NO. 756
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
796
Session of
2023
INTRODUCED BY MARSHALL, KULIK, CERRATO, GUENST, HOWARD, JAMES,
KINSEY, MADDEN, OTTEN, PICKETT, SHUSTERMAN AND CONKLIN,
APRIL 3, 2023
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2023
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for definitions and for relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "abuse" in section 6102(a) of
Title 23 of the Pennsylvania Consolidated Statutes is amended to
read:
§ 6102. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Abuse." The occurrence of one or more of the following acts
between family or household members, sexual or intimate partners
or persons who share biological parenthood:
(1) Attempting to cause or intentionally, knowingly or
recklessly causing bodily injury, serious bodily injury,
rape, involuntary deviate sexual intercourse, sexual assault,
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statutory sexual assault, aggravated indecent assault,
indecent assault or incest with or without a deadly weapon.
(2) Placing another in reasonable fear of imminent
serious bodily injury.
(3) The infliction of false imprisonment pursuant to 18
Pa.C.S. § 2903 (relating to false imprisonment).
(4) Physically or sexually abusing minor children,
including such terms as defined in Chapter 63 (relating to
child protective services).
(5) Knowingly engaging in a course of conduct or
repeatedly committing acts toward another person, including
following the person, without proper authority, under
circumstances which place the person in reasonable fear of
bodily injury. The definition of this paragraph applies only
to proceedings commenced under this title and is inapplicable
to any criminal prosecutions commenced under Title 18
(relating to crimes and offenses).
(6) Communicating with another person through verbal or
electronic means which places the recipient in reasonable
fear of bodily injury to himself or herself or to a family or
household member.
* * *
Section 2. Section 6108 of Title 23 is amended by adding
subsections to read:
§ 6108. Relief.
* * *
(j) Consideration of drug or excessive alcohol use.-- In
determining whether to grant any protection order or approve any
consent agreement to bring about a cessation of abuse of the
plaintiff or minor children under subsection (a), the court may
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consider the defendant's drug or excessive alcohol use.
(k) Consideration of mental abuse.--In determining whether
to grant any protection order or approve any consent agreement
to bring about a cessation of abuse of the plaintiff or minor
children under subsection (a), the court may consider the
defendant's mental abuse of the plaintiff or minor children.
Section 3. This act shall take effect in 60 days.
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