1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in protection from abuse, further
3providing for relief; and making editorial changes.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 6108(a) of Title 23 of the Pennsylvania
7Consolidated Statutes is amended and the section is amended by
8adding a subsection to read:

9§ 6108. Relief.

10(a) General rule.--The court may grant any protection order
11or approve any consent agreement to bring about a cessation of
12abuse of the plaintiff or minor children. The order or agreement
13may include:

14(1) Directing the defendant to refrain from abusing the
15plaintiff or minor children.

16(2) Granting possession to the plaintiff of the
17residence or household to the exclusion of the defendant by

1evicting the defendant or restoring possession to the
2plaintiff if the residence or household is jointly owned or
3leased by the parties, is owned or leased by the entireties
4or is owned or leased solely by the plaintiff.

5(3) If the defendant has a duty to support the plaintiff
6or minor children living in the residence or household and
7the defendant is the sole owner or lessee, granting
8possession to the plaintiff of the residence or household to
9the exclusion of the defendant by evicting the defendant or
10restoring possession to the plaintiff or, with the consent of
11the plaintiff, ordering the defendant to provide suitable
12alternate housing.

13(4) Awarding temporary custody of or establishing
14temporary visitation rights with regard to minor children. In
15determining whether to award temporary custody or establish
16temporary visitation rights pursuant to this paragraph, the
17court shall consider any risk posed by the defendant to the
18children as well as risk to the plaintiff. The following
19shall apply:

20(i) A defendant shall not be granted custody,
21partial custody or unsupervised visitation where it is
22alleged in the petition, and the court finds after a
23hearing under this chapter, that the defendant:

24(A) abused the minor children of the parties or
25poses a risk of abuse toward the minor children of
26the parties; or

27(B) has been convicted of violating 18 Pa.C.S. § 
282904 (relating to interference with custody of 
29children) within two calendar years prior to the 
30filing of the petition for protection order or that
 

1the defendant poses a risk of violating 18 Pa.C.S. § 
22904.

3(ii) Where the court finds after a hearing under
4this chapter that the defendant has inflicted abuse upon
5the plaintiff or a child, the court may require
6supervised custodial access by a third party. The third
7party must agree to be accountable to the court for
8supervision and execute an affidavit of accountability.

9(iii) Where the court finds after a hearing under
10this chapter that the defendant has inflicted serious
11abuse upon the plaintiff or a child or poses a risk of
12abuse toward the plaintiff or a child, the court may:

13(A) award supervised visitation in a secure
14visitation facility; or

15(B) deny the defendant custodial access to a
16child.

17(iv) If a plaintiff petitions for a temporary order
18under section 6107(b) (relating to hearings) and the
19defendant has partial, shared or full custody of the
20minor children of the parties by order of court or
21written agreement of the parties, the custody shall not
22be disturbed or changed unless the court finds that the
23defendant is likely to inflict abuse upon the children or
24to remove the children from the jurisdiction of the court
25prior to the hearing under section 6107(a). Where the
26defendant has forcibly or fraudulently removed any minor
27child from the care and custody of a plaintiff, the court
28shall order the return of the child to the plaintiff
29unless the child would be endangered by restoration to
30the plaintiff.

1(v) Nothing in this paragraph shall bar either party
2from filing a petition for custody under Chapter 53
3(relating to child custody) or under the Pennsylvania
4Rules of Civil Procedure.

5(vi) In order to prevent further abuse during
6periods of access to the plaintiff and child during the
7exercise of custodial rights, the court shall consider,
8and may impose on a custody award, conditions necessary
9to assure the safety of the plaintiff and minor children
10from abuse.

11(5) After a hearing in accordance with section 6107(a),
12directing the defendant to pay financial support to those
13persons the defendant has a duty to support, requiring the
14defendant, under sections 4324 (relating to inclusion of
15spousal medical support) and 4326 (relating to mandatory
16inclusion of child medical support), to provide health
17coverage for the minor child and spouse, directing the
18defendant to pay all of the unreimbursed medical expenses of
19a spouse or minor child of the defendant to the provider or
20to the plaintiff when he or she has paid for the medical
21treatment, and directing the defendant to make or continue to
22make rent or mortgage payments on the residence of the
23plaintiff to the extent that the defendant has a duty to
24support the plaintiff or other dependent household members.
25The support order shall be temporary, and any beneficiary of
26the order must file a complaint for support under the
27provisions of [Chapters] Chapter 43 (relating to support
28matters generally) and [45 (relating to reciprocal
29enforcement of support orders)] Parts VIII (relating to 
30uniform interstate family support) and VIII-A (relating to
 

1intrastate family support) within two weeks of the date of
2the issuance of the protection order. If a complaint for
3support is not filed, that portion of the protection order
4requiring the defendant to pay support is void. When there is
5a subsequent ruling on a complaint for support, the portion
6of the protection order requiring the defendant to pay
7support expires.

8(6) Prohibiting the defendant from having any contact
9with the plaintiff or minor children, including, but not
10limited to, restraining the defendant from entering the place
11of employment or business or school of the plaintiff or minor
12children and from harassing the plaintiff or plaintiff's
13relatives or minor children.

14(6.1) Requiring a GPS electronic monitoring device be
15placed on the defendant if the defendant is found to present
16a substantial risk of violating the final protection from
17abuse order or committing a crime punishable by imprisonment.
18The following shall apply:

19(i) A GPS shall monitor the defendant's location
20relative to all persons for whom protection is sought.
21The court shall determine the distance at which the
22defendant is to remain from all persons seeking
23protection from abuse and specific locations from which
24the defendant shall refrain.

25(ii) Except as provided under subparagraph (iii),
26the court shall order the defendant to wear the GPS
27monitoring device for the entire period of time that the
28final protection from abuse order is in effect.

29(iii) The court may only order the GPS electronic
30monitoring device be removed from the defendant prior to

1the expiration of the final protection from abuse order
2if the court notifies the plaintiff covered by the final
3protection from abuse order that the GPS electronic
4monitoring device has been ordered by the court to be
5removed.

6(7) Ordering the defendant to temporarily relinquish to
7the sheriff the defendant's other weapons and ammunition
8which have been used or been threatened to be used in an
9incident of abuse against the plaintiff or the minor children
10and the defendant's firearms and prohibiting the defendant
11from acquiring or possessing any firearm for the duration of
12the order and requiring the defendant to relinquish to the
13sheriff any firearm license issued under section 6108.3
14(relating to relinquishment to third party for safekeeping) 
15or 18 Pa.C.S. § 6106 (relating to firearms not to be carried
16without a license) or 6109 (relating to licenses) the
17defendant may possess. A copy of the court's order shall be
18transmitted to the chief or head of the police force or
19police department of the municipality and to the sheriff of
20the county of which the defendant is a resident. When
21relinquishment is ordered, the following shall apply:

22(i) (A) The court's order shall require the
23defendant to relinquish such firearms, other weapons,
24ammunition and any firearm license pursuant to the
25provisions of this chapter within 24 hours of service
26of a temporary order or the entry of a final order or
27the close of the next business day as necessary by
28closure of the sheriffs' offices, except for cause
29shown at the hearing, in which case the court shall
30specify the time for relinquishment of any or all of

1the defendant's firearms.

2(B) A defendant subject to a temporary order
3requiring the relinquishment of firearms, other
4weapons or ammunition shall, in lieu of relinquishing
5specific firearms, other weapons or ammunition which
6cannot reasonably be retrieved within the time for
7relinquishment in clause (A) due to their current
8location, provide the sheriff with an affidavit
9listing the firearms, other weapons or ammunition and
10their current location. If the defendant, within the
11time for relinquishment in clause (A), fails to
12provide the affidavit or fails to relinquish,
13pursuant to this chapter, any firearms, other weapons
14or ammunition ordered to be relinquished which are
15not specified in the affidavit, the sheriff shall, at
16a minimum, provide immediate notice to the court, the
17plaintiff and appropriate law enforcement
18authorities. The defendant shall not possess any
19firearms, other weapons or ammunition specifically
20listed in the affidavit provided to the sheriff
21pursuant to this clause for the duration of the
22temporary order.

23(C) As used in this subparagraph, the term
24"cause" shall be limited to facts relating to the
25inability of the defendant to retrieve a specific
26firearm within 24 hours due to the current location
27of the firearm.

28(ii) The court's order shall contain a list of any
29firearm, other weapon or ammunition ordered relinquished.
30Upon the entry of a final order, the defendant shall

1inform the court in what manner the defendant is going to
2relinquish any firearm, other weapon or ammunition
3ordered relinquished. Relinquishment may occur pursuant
4to section 6108.2 (relating to relinquishment for
5consignment sale, lawful transfer or safekeeping) or
66108.3 or to the sheriff pursuant to this paragraph.
7Where the sheriff is designated, the sheriff shall secure
8custody of the defendant's firearms, other weapons or
9ammunition and any firearm license listed in the court's
10order for the duration of the order or until otherwise
11directed by court order. In securing custody of the
12defendant's relinquished firearms, the sheriff shall
13comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons
14not to possess, use, manufacture, control, sell or
15transfer firearms). In securing custody of the
16defendant's other weapons and ammunition, the sheriff
17shall provide the defendant with a signed and dated
18written receipt which shall include a detailed
19description of the other weapon or ammunition and its
20condition.

21(iii) The sheriff shall provide the plaintiff with
22the name of the person to which any firearm, other weapon
23or ammunition was relinquished.

24(iv) Unless the defendant has complied with
25subparagraph (i)(B) or section 6108.2 or 6108.3, if the
26defendant fails to relinquish any firearm, other weapon,
27ammunition or firearm license within 24 hours or upon the
28close of the next business day due to closure of
29sheriffs' offices or within the time ordered by the court
30upon cause being shown at the hearing, the sheriff shall,

1at a minimum, provide immediate notice to the court, the
2plaintiff and appropriate law enforcement agencies.

3(v) Any portion of any order or any petition or
4other paper which includes a list of any firearm, other
5weapon or ammunition ordered relinquished shall be kept
6in the files of the court as a permanent record thereof
7and withheld from public inspection except:

8(A) upon an order of the court granted upon
9cause shown;

10(B) as necessary, by law enforcement and court
11personnel; or

12(C) after redaction of information listing any
13firearm, other weapon or ammunition.

14(vi) As used in this paragraph, the term
15"defendant's firearms" shall, if the defendant is a
16licensed firearms dealer, only include firearms in the
17defendant's personal firearms collection pursuant to 27
18CFR § 478.125a (relating to personal firearms
19collection).

20(7.1) If the defendant is a licensed firearms dealer,
21ordering the defendant to follow such restrictions as the
22court may require concerning the conduct of his business,
23which may include ordering the defendant to relinquish any
24Federal or State license for the sale, manufacture or
25importation of firearms as well as firearms in the
26defendant's business inventory. In restricting the defendant
27pursuant to this paragraph, the court shall make a reasonable
28effort to preserve the financial assets of the defendant's
29business while fulfilling the goals of this chapter.

30(8) Directing the defendant to pay the plaintiff for

1reasonable losses suffered as a result of the abuse,
2including medical, dental, relocation and moving expenses;
3counseling; loss of earnings or support; costs of repair or
4replacement of real or personal property damaged, destroyed
5or taken by the defendant or at the direction of the
6defendant; and other out-of-pocket losses for injuries
7sustained. In addition to out-of-pocket losses, the court may
8direct the defendant to pay reasonable attorney fees. An
9award under this chapter shall not constitute a bar to
10litigation for civil damages for injuries sustained from the
11acts of abuse giving rise to the award or a finding of
12contempt under this chapter.

13(9) Directing the defendant to refrain from stalking or
14harassing the plaintiff and other designated persons as
15defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and
162709.1 (relating to stalking).

17(10) Granting any other appropriate relief sought by the
18plaintiff.

19* * *

20(i) Definitions.--As used in this section, the following
21words and phrases shall have the meanings given to them in this
22subsection:

23"GPS." A global positioning system operated by the
24Department of Defense that provides specially coded satellite
25signals that may be processed by a receiver to compute a
26location.

27"GPS electronic monitoring device." A device that enables
28the location of a person wearing the device to be monitored
29through use of a GPS and related technology and is designed so
30that the device:

1(1) actively and continuously monitors, identifies and
2reports location data within a 100-mile radius;

3(2) permits the Pennsylvania State Police and any local
4police department to receive location data, record it
5securely and confidentially retain it indefinitely;

6(3) may be worn around a person's wrist or ankle; and

7(4) once fitted around a person's wrist or ankle, cannot
8be removed without using specialized equipment specifically
9designed for that purpose and alerting the Pennsylvania State
10Police and each local police department that it has been
11removed.

12Section 2. This act shall take effect in 60 days.