PRINTER'S NO. 1461
No. 1258 Session of 2001
INTRODUCED BY WILT, LEH, ARGALL, BELFANTI, CALTAGIRONE,
CAPPELLI, CREIGHTON, DALLY, FEESE, GEIST, HERMAN, HERSHEY,
HORSEY, KELLER, R. MILLER, S. MILLER, ROEBUCK, SAYLOR,
SHANER, STABACK, T. STEVENSON, SURRA, THOMAS, TIGUE,
YOUNGBLOOD, YUDICHAK, BASTIAN AND FORCIER, APRIL 3, 2001
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2001
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for impounding of
3 adoption proceedings and access to records, for determination
4 of paternity, for visitation rights and partial custody when
5 there is a deceased parent, for protection from abuse orders
6 and for full faith and credit and foreign protection orders.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 2905(a), 5104 heading and (a), (b), (c),
10 (d) and (g) and 5311 of Title 23 of the Pennsylvania
11 Consolidated Statutes are amended to read:
12 § 2905. Impounding of proceedings and access to records.
13 (a) General rule.--All petitions, exhibits, reports, notes
14 of testimony, decrees, and other papers pertaining to any
15 proceeding under this part or former statutes relating to
16 adoption shall be kept in the files of the court as a permanent
17 record thereof and withheld from inspection except on an order
18 of court granted upon cause shown or except as otherwise
1 provided in this section. In the case of an adult adoptee who is
2 assuming a name under section 2904 (relating to name of
3 adoptee), an order of court is not required for the court to
4 forward to the Pennsylvania State Police documentation in
5 accordance with 54 Pa.C.S. § 702 (relating to change by order of
6 court). Any report required to be filed under sections 2530
7 (relating to home study and preplacement report), 2531 (relating
8 to report of intention to adopt) and 2535 (relating to
9 investigation) shall be made available to parties to an adoption
10 proceeding only after all identifying names and addresses in the
11 report have been extirpated by the court.
12 * * *
13 § 5104. [Blood tests] Tests to determine paternity.
14 (a) [Short title of section.--This section shall be known
15 and may be cited as the Uniform Act on Blood Tests to Determine
16 Paternity.] Testing.--A test to determine paternity shall be
17 conducted in accordance with this section. The test shall be
18 conducted upon blood, deoxyribonucleic acid (DNA) or both.
19 (b) Scope of section.--
20 (1) Civil matters.--This section shall apply to all
21 civil matters.
22 (2) Criminal proceedings.--This section shall apply to
23 all criminal proceedings subject to the following limitations
24 and provisions:
25 (i) An order for the tests shall be made only upon
26 application of a party or on the initiative of the court.
27 (ii) The compensation of the experts shall be paid
28 by the party requesting the [blood] test or by the
29 county, as the court shall direct.
30 (iii) The court may direct a verdict of acquittal
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1 upon the conclusions of all the experts under subsection
2 (f). Otherwise, the case shall be submitted for
3 determination upon all the evidence.
4 (iv) The refusal of a defendant to submit to the
5 tests may not be used in evidence against the defendant.
6 (c) Authority for test.--In any matter subject to this
7 section in which paternity, parentage or identity of a child is
8 a relevant fact, the court, upon its own initiative or upon
9 suggestion made by or on behalf of any person whose blood or DNA
10 is involved, may or, upon motion of any party to the action made
11 at a time so as not to delay the proceedings unduly, shall order
12 the mother, child and alleged father to submit to blood tests,
13 DNA tests or both. If any party refuses to submit to the tests,
14 the court may resolve the question of paternity, parentage or
15 identity of a child against the party or enforce its order if
16 the rights of others and the interests of justice so require.
17 (d) Selection of experts.--The tests shall be made by
18 experts qualified as examiners of blood types or DNA
19 identification, who shall be appointed by the court. The experts
20 shall be called by the court as witnesses to testify to their
21 findings and shall be subject to cross-examination by the
22 parties. Any party or person at whose suggestion the tests have
23 been ordered may demand that other experts qualified as
24 examiners of blood types or DNA identification perform
25 independent tests under order of court, the results of which may
26 be offered in evidence. The number and qualifications of experts
27 shall be determined by the court.
28 * * *
29 (g) Effect on presumption of [legitimacy] paternity.--The
30 presumption of [legitimacy] paternity of a child born during
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1 wedlock as heretofore recognized in this Commonwealth is
2 reaffirmed and made subject to the following provisions:
3 (1) Upon petition for testing in an action in which
4 paternity of the child is an issue filed not later than five
5 years after the child's birth, the court shall permit testing
6 to rebut the presumption of paternity provided that the
7 overall interests of justice, including the best interests of
8 the child, would not be unreasonably harmed and:
9 (i) the parties subject to the presumption are
10 divorced or irreconcilably separated, and one or both
11 assert reasonable grounds to believe that application of
12 the presumption is likely to result in an incorrect
13 paternity determination; or
14 (ii) the parties subject to the presumption mutually
15 agree to submit to and be bound by the testing.
16 (2) The presumption of paternity is overcome if the
17 court finds that the conclusions of all the experts as
18 disclosed by the evidence based upon the tests show that the
19 husband is not the father of the child.
20 § 5311. When parent deceased.
21 (a) Parents and grandparents.--If a parent of an unmarried
22 child is deceased, the parents or grandparents of the deceased
23 parent may be granted reasonable partial custody or visitation
24 rights, or both, to the unmarried child by the court upon a
25 finding that partial custody or visitation rights, or both,
26 would be in the best interest of the child and would not
27 interfere with the parent-child relationship. The court shall
28 consider the amount of personal contact between the parents or
29 grandparents of the deceased parent and the child prior to the
30 application.
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1 (b) Siblings.--If a parent of an unmarried child is the
2 victim of criminal homicide perpetrated by the other parent, the
3 siblings of the deceased parent may be granted reasonable
4 partial custody or visitation rights, or both, to the unmarried
5 child by the court upon a finding that partial custody or
6 visitation rights, or both, would be in the best interest of the
7 child and would not interfere with any order or determination
8 under section 5303 (relating to award of custody, partial
9 custody or visitation). The court shall consider the amount of
10 personal contact between the siblings of the deceased parent and
11 the child prior to the application.
12 Section 2. Section 6102(a) of Title 23 is amended by adding
13 definitions to read:
14 § 6102. Definitions.
15 (a) General rule.--The following words and phrases when used
16 in this chapter shall have the meanings given to them in this
17 section unless the context clearly indicates otherwise:
18 * * *
19 "Certified copy." A paper copy of the original order of an
20 issuing court endorsed by the appropriate clerk of that court or
21 an electronic copy of the original order of an issuing court
22 endorsed with a digital signature of the judge or appropriate
23 clerk of that court. A raised seal on the copy of the order of
24 the issuing court shall not be required.
25 "Comparable court." A foreign court that:
26 (1) has subject matter jurisdiction and is authorized to
27 issue ex parte, emergency, temporary or final protection
28 orders in that jurisdiction; and
29 (2) possessed jurisdiction over the parties to a
30 protection order when the protection order was issued in that
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1 jurisdiction.
2 * * *
3 "Foreign protection order." A protection order as defined by
4 18 U.S.C. § 2266 (relating to definitions) issued by a
5 comparable court of another state, the District of Columbia,
6 Indian tribe or territory, possession or commonwealth of the
7 United States.
8 * * *
9 Section 3. Section 6104 of Title 23 is repealed.
10 Section 4. Title 23 is amended by adding a section to read:
11 § 6104.1. Full faith and credit and foreign protection orders.
12 (a) General rule.--A court shall recognize and enforce a
13 valid foreign protection order issued by a comparable court. The
14 validity of a foreign protection order shall only be determined
15 by a court.
16 (b) Affirmative defense.--The failure by a comparable court
17 to provide reasonable notice and opportunity to be heard shall
18 be an affirmative defense to any charge or process filed seeking
19 enforcement of a foreign protection order. A comparable court
20 shall have complied with that court's notice requirements and
21 shall have given the defendant the opportunity to be heard
22 before the foreign order was issued. In the case of ex parte
23 orders, the comparable court shall have complied with that
24 court's notice requirements and have given the defendant an
25 opportunity to be heard within a reasonable period of time after
26 the order was issued, consistent with due process.
27 (c) Invalid orders.--A foreign protection order issued by a
28 comparable court against a party who has filed a petition,
29 complaint or other written pleading for a protection order shall
30 not be valid or entitled to full faith and credit if:
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1 (1) no cross or counter petition, complaint or other
2 written pleading was filed seeking the protection order; or
3 (2) a cross or counter petition, complaint or other
4 written pleading was filed and the court did not make a
5 specific finding that each party was entitled to a protection
6 order.
7 (d) Filing a foreign protection order.--A plaintiff may file
8 a certified copy of a foreign protection order with the
9 prothonotary in any county within this Commonwealth where the
10 plaintiff believes enforcement may be necessary. The following
11 provisions shall apply:
12 (1) Filing of a foreign protection order shall be
13 without fee or cost.
14 (2) Upon filing of a foreign protection order, the
15 prothonotary shall transmit, in a manner prescribed by the
16 Pennsylvania State Police, a copy of the order to the
17 Pennsylvania State Police registry of protection orders.
18 (3) Filing of a foreign protection order shall not be a
19 prerequisite for enforcement.
20 (e) Orders issued in another judicial district within this
21 Commonwealth.--The filing of an order issued in another judicial
22 district within this Commonwealth shall not be required for
23 enforcement purposes.
24 Section 5. Section 6105(e)(1) of Title 23 is amended and the
25 section is amended by adding a subsection to read:
26 § 6105. Responsibilities of law enforcement agencies.
27 * * *
28 (e) Statewide registry.--
29 (1) The Pennsylvania State Police shall establish a
30 Statewide registry of protection orders and shall maintain a
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1 complete and systematic record and index of all valid
2 temporary and final court orders of protection [or], court-
3 approved consent agreements, and a foreign protection order
4 filed pursuant to section 6104(e) (relating to full faith and
5 credit and foreign protection orders). The Statewide registry
6 shall include, but need not be limited to, the following:
7 (i) The names of the plaintiff and any protected
8 parties.
9 (ii) The name and address of the defendant.
10 (iii) The date the order was entered.
11 (iv) The date the order expires.
12 (v) The relief granted under sections 6108(a)(1),
13 (2), (4), (6) and (7) (relating to relief) and 6110(a)
14 (relating to emergency relief by minor judiciary).
15 (vi) The judicial district in which the order was
16 entered.
17 (vii) Where furnished, the Social Security number
18 and date of birth of the defendant.
19 * * *
20 (h) Enforcement of foreign protection orders.--
21 (1) All foreign protection orders shall have the
22 presumption of validity in this Commonwealth and police
23 officers shall make arrests for violations thereof in the
24 same manner as set for violations of protection orders issued
25 within this Commonwealth. Until a foreign order is declared
26 to be invalid by a court, it shall be enforced by all law
27 enforcement personnel in this Commonwealth.
28 (2) A police officer shall rely upon any copy of a
29 foreign protection order which has been presented to the
30 officer by any source and may verify the existence of a
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1 protection order consistent with the provisions of section
2 6113(a) (relating to arrest for violation of order). The fact
3 that a foreign protection order has not been filed with a
4 prothonotary or entered into the Pennsylvania State Police
5 registry shall not be grounds for law enforcement to refuse
6 to enforce the order.
7 (3) Law enforcement personnel acting in good faith shall
8 be immune from civil liability in any action arising in
9 connection with a court's finding that a foreign protection
10 order is invalid or unenforceable.
11 Section 6. Section 6106 of Title 23 is amended by adding a
12 subsection to read:
13 § 6106. Commencement of proceedings.
14 * * *
15 (g.1) Service of original process of foreign protection
16 order.--There shall be no prepayment of fees for service of
17 original process of a foreign protection order.
18 * * *
19 Section 7. Sections 6113(a), 6113.1(a), 6114(a) and (a.1)
20 and 6114.1(a) and (b) of Title 23 are amended to read:
21 § 6113. Arrest for violation of order.
22 (a) General rule.--An arrest for violation of an order
23 issued pursuant to this chapter or a foreign protection order
24 may be without warrant upon probable cause whether or not the
25 violation is committed in the presence of the police officer in
26 circumstances where the defendant has violated a provision of an
27 order consistent with section 6108(a)(1), (2), (3), (4), (6) [or
28 (7)], (7) or (9) (relating to relief). The police officer may
29 verify[, if necessary,] the existence of a protection order by
30 telephone [or radio communication with the appropriate police
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1 department, county registry or issuing authority.], radio or
2 other electronic communication with the appropriate police
3 department, Pennsylvania State Police registry, protection order
4 file or issuing authority. A police officer shall arrest a
5 defendant for violating an order issued under this chapter by a
6 court within the judicial district, issued by a court in another
7 judicial district within this Commonwealth or a foreign
8 protection order issued by [another state and registered
9 pursuant to this chapter or verified through the Pennsylvania
10 State Police registry] a comparable court.
11 * * *
12 § 6113.1. Private criminal complaints for violation of order or
13 agreement.
14 (a) General rule.--A plaintiff may file a private criminal
15 complaint against a defendant, alleging indirect criminal
16 contempt for a noneconomic violation of any provision of an
17 order or court-approved consent agreement issued under this
18 chapter or a foreign protection order, with the court, the
19 office of the district attorney or the district justice in the
20 jurisdiction or county where the violation occurred, except
21 that, in a city of the first class, a complaint may only be
22 filed with the family division of the court of common pleas or
23 the office of the district attorney.
24 * * *
25 § 6114. Contempt for violation of order or agreement.
26 (a) General rule.--Where the police or the plaintiff have
27 filed charges of indirect criminal contempt against a defendant
28 for violation of a protection order issued under this chapter, a
29 foreign protection order or a court-approved consent agreement,
30 the court may hold the defendant in indirect criminal contempt
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1 and punish the defendant in accordance with law.
2 (a.1) Jurisdiction.--A court shall have jurisdiction over
3 indirect criminal contempt charges for violation of a protection
4 order issued pursuant to this chapter or a foreign protection
5 order in the county where the violation occurred.
6 * * *
7 § 6114.1. Civil contempt or modification for violation of an
8 order or agreement.
9 (a) General rule.--A plaintiff may file a petition for civil
10 contempt with the issuing court alleging that the defendant has
11 violated any provision of an order or court-approved agreement
12 issued under this chapter or a foreign protection order.
13 (b) Civil contempt order.--Upon finding of a violation of a
14 protection order or court-approved consent agreement issued
15 under this chapter or a foreign protection order, the court,
16 either pursuant to petition for civil contempt or on its own
17 accord, may hold the defendant in civil contempt and constrain
18 him in accordance with law.
19 * * *
20 Section 8. Section 6118 of Title 23 is repealed.
21 Section 9. This act shall take effect in 60 days.
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