THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, WASHINGTON, ORIE, EARLL, BOSCOLA, BAKER, RAFFERTY, FERLO, COSTA AND TARTAGLIONE, FEBRUARY 20, 2009

REFERRED TO JUDICIARY, FEBRUARY 20, 2009  

AN ACT

Establishing the Judicial Education Program in Domestic

Violence; and requiring judges to attend and successfully

complete the program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Domestic

Violence Judicial Education Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Abuse."  The occurrence of any of the following acts between

family or household members, sexual or intimate partners or

individuals who share biological parenthood:

(1)  Intentionally, knowingly or recklessly causing or

attempting to cause bodily injury, serious bodily injury,

rape, sexual assault or involuntary deviate sexual

intercourse.

(2)  Placing by physical menace another in fear of

imminent serious bodily injury.

(3)  An offense under 18 Pa.C.S. § 2903 (relating to

false imprisonment).

(4)  "Serious bodily injury" or "sexual abuse or

exploitation," as defined in 23 Pa.C.S. § 6303 (relating to

definitions).

(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.

"Domestic violence."  Abuse or other violent acts which occur

between family or household members.

"Family or household members."  Spouses or individuals who

have been spouses, individuals living as spouses or who lived as

spouses, parents and children, other persons related by

consanguinity or affinity, current or former sexual or intimate

partners and individuals who share biological parenthood.

"Governing authority."  As defined in 42 Pa.C.S. § 102 

(relating to definitions).

"Judge."  Includes a justice of the Supreme Court, a judge of

a community court, Pittsburgh Magistrates Court, Philadelphia

Municipal Court and a senior judge.

"Program."  The Judicial Education Program in Domestic

Violence established in section 3.

Section 3.  Program established.

(a)  Establishment.--There is established a Judicial

Education Program in Domestic Violence, to be attended and

successfully completed by each judge and to be administered by

the governing authority.

(b)  Governing authority.--The governing authority shall do

all of the following:

(1)  Establish and administer a course of study and

training for judges in domestic violence, to be at least 20

hours in length.

(2)  Establish the minimum qualifications for

instructors.

(3)  Consult, cooperate and contract with universities,

colleges, law schools and mental health and health care

professionals regarding the development of education courses

in the program and the teaching of those courses.

Section 4.  Judicial education regarding domestic violence

required.

Each judge and district justice shall be required to attend

and successfully complete the program.

Section 10.  Effective date.

This act shall take effect in 180 days.