PRINTER'S NO. 660
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GREENLEAF, ALLOWAY, ARGALL, BLAKE, BOSCOLA, BROWNE, BRUBAKER, ERICKSON, FARNESE, FERLO, FOLMER, FONTANA, HUGHES, KITCHEN, PILEGGI, RAFFERTY, SCHWANK, SOLOBAY, STACK, TARTAGLIONE, TEPLITZ, TOMLINSON, WASHINGTON, WILLIAMS AND WOZNIAK, MARCH 13, 2013
REFERRED TO JUDICIARY, MARCH 13, 2013
1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for the
3protection of victims of sexual violence, for duties of law
4enforcement agencies, for procedure and for penalties; and,
5in juvenile matters, further providing for definitions.
11SEXUAL VIOLENCE VICTIM PROTECTION
136201. Scope of chapter.
146202. Findings and purpose.
166204. Responsibilities of law enforcement agencies.
176205. Commencement of proceedings.
26208. Service of orders.
36209. Emergency relief by minor judiciary.
46210. Sexual assault counselor.
56211. Disclosure of addresses.
66212. Arrest for violation of order.
76213. Private criminal complaints for violation of order.
86214. Contempt for violation of order.
96215. Civil contempt or modification for violation of order.
116217. Procedure and other remedies.
13§ 6201. Scope of chapter.
14This chapter relates to sexual violence victim protection.
15§ 6102. Findings and purpose.
16The General Assembly finds and declares that:
1as other appropriate relief.
2§ 6203. Definitions.
14"Hearing officer." A magisterial district judge, judge of
15the Philadelphia Municipal Court, bail commissioner appointed
16under section 1123 (relating to jurisdiction and venue) or
17master appointed under section 1126 (relating to masters).
318 Pa.C.S. § 2709(a)(4) (relating to harassment).
418 Pa.C.S. Ch. 30 (relating to trafficking of persons).
518 Pa.C.S. Ch. 31 (relating to sexual offenses).
918 Pa.C.S. § 5901 (relating to open lewdness).
2018 Pa.C.S. § 7507.1 (relating to invasion of privacy).
23"Victim." A person who is the victim of sexual violence.
24§ 6204. Responsibilities of law enforcement agencies.
25(a) General rule.--The police department of each municipal
26corporation, the Pennsylvania State Police and the sheriff of
27each county shall ensure that all their officers, deputies and
28employees are familiar with the provisions of this chapter.
29Instruction concerning sexual violence victim protection orders
30shall be made a part of the training curriculum for all trainee
4(b) Notice of arrest.--The police department of each
5municipal corporation and the Pennsylvania State Police shall
6make reasonable efforts to notify any person protected by an
7order issued under this chapter of the arrest of the defendant
8for violation of an order as soon as possible. Unless the person
9cannot be located, notice of the arrest shall be provided not
10more than 24 hours after preliminary arraignment.
11§ 6205. Commencement of proceedings.
12(a) General rule.--An action for a sexual violence victim
13protection order may be commenced by filing a petition with the
14court requesting protection from the defendant. An adult or
15emancipated minor may seek relief under this chapter for that
16person or any parent, adult household member or guardian ad
17litem may seek relief under this chapter on behalf of a minor
18child or the guardian of the person of an adult who has been
19declared incapacitated under 20 Pa.C.S. Ch. 55 (relating to
20incapacitated persons) may seek relief on behalf of an
24(c) Assessment of fees and costs.--
25(1) (i) No plaintiff seeking relief under this chapter
26shall be charged any fees or costs associated with the
27filing, issuance, registration or service of a petition,
28motion, complaint, order or any other filing. Prohibited
29fees or costs shall include, but are not limited to,
30those associated with modifying, withdrawing, dismissing
4(ii) No plaintiff seeking relief under this chapter
5shall be charged any fees or costs associated with filing
6a motion for reconsideration or an appeal from any order
7or action taken under this chapter.
8(2) When an order is granted under this chapter, fees
9and costs shall be assessed against the defendant. The court
10shall waive fees and costs upon a showing of good cause or
11when the court makes a finding that the defendant is not able
12to pay the fees and costs.
13(3) Nothing in this subsection is intended to expand or
14diminish the court's authority to enter an order under
15Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of
16Documents. Representations to the Court. Violation).
18(1) The court shall adopt a means of prompt and
19effective service. If the court so orders, the sheriff or
20another court-designated agency or individual shall serve the
21petition and protection order. The petition and protection
22order shall be served upon the defendant, and the order shall
23be served upon the police departments and sheriff with
24appropriate jurisdiction to enforce the order. An order also
25shall be promptly served on the district attorney's office.
1(1) Provide simplified forms and clerical assistance in
2English and Spanish to help with the writing and filing of
3the petition for a sexual violence protection order for an
4individual not represented by counsel.
5(2) Provide the plaintiff with written and oral
6referrals, in English and Spanish, to local sexual assault
7services, to the local legal services office and to the
8county bar association's lawyer referral service.
9§ 6206. Hearings.
10(a) General rule.--Within ten days of the filing of a
11petition under this chapter, an expedited hearing shall be held
12before the court, at which the plaintiff must prove the need for
13protection from the defendant by a preponderance of the
14evidence. The court shall, at the time the defendant is given
15notice of the hearing, advise the defendant of the right to be
16represented by counsel.
17(b) Temporary orders.--If a plaintiff petitions for a
18temporary protection order for protection from an immediate and
19present danger, the court shall conduct an ex parte proceeding.
20The court may enter such a temporary order as it deems necessary
21to protect the plaintiff when it finds the plaintiff is in
22immediate and present danger. The temporary order shall remain
23in effect until modified or terminated by the court after notice
25(c) Continued hearings.--If a hearing under subsection (a)
26is continued and no temporary protection order is issued, the
27court may make ex parte temporary orders under subsection (b),
28as it deems necessary.
29§ 6207. Relief.
30(a) Order or consent agreement.--The court may issue a
5(1) Prohibiting the defendant from having any contact
6with the plaintiff, including, but not limited to,
7restraining the defendant from entering the plaintiff's
8residence, place of employment, business or school. This may
9include prohibiting indirect contact through third parties.
10(2) Directing the defendant to refrain from harassing or
11stalking the plaintiff and other designated persons as
12defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and
132709.1 (relating to stalking).
19(d) Extension of protection orders.--
20(1) An extension of a protection order may be granted:
21(i) Where the court finds, after a duly filed
22petition, notice to the defendant and a hearing, in
23accordance with the procedures set forth in sections 6205
24(relating to commencement of proceedings) and 6206
25(relating to hearings), that the protection is necessary
26because the defendant engaged in one or more acts that
27indicate continued risk of harm to the plaintiff.
9(e) Notice.--Notice shall be given to the defendant stating
10that violations of the protection order will subject the
11defendant to arrest under section 6212 (relating to arrest for
12violation of order) or contempt of court under section 6214
13(relating to contempt for violation of order).
14(f) Incarceration.--When the defendant is incarcerated and
15about to be released or has recently been released from
16incarceration, a plaintiff does not need to show that the
17defendant engaged in one or more acts that indicate continued
18risk of harm to the plaintiff in order to obtain an extension or
19a subsequent protection order under this act.
20§ 6208. Service of orders.
21A copy of a protection order shall be issued to the
22plaintiff, the defendant and the police department with
23appropriate jurisdiction to enforce the order in accordance with
24the provisions of this chapter or as ordered by the court or
26§ 6209. Emergency relief by minor judiciary.
27(a) General rule.--When:
30(i) from the close of business at the end of each
1day to the resumption of business the next morning;
12a petition may be filed before a hearing officer who may grant
13relief in accordance with section 6207 (relating to relief) if
14the hearing officer deems it necessary to protect the plaintiff
15upon good cause shown in an ex parte proceeding. Immediate and
16present danger to the plaintiff shall constitute good cause for
17the purposes of this subsection.
18(b) Expiration of order.--A protection order issued under
19subsection (a) shall expire at the end of the next business day
20the court deems itself available. The court shall schedule
21hearings on orders entered by hearing officers under subsection
22(a) and shall review and continue in effect protection orders
23that are necessary to protect the plaintiff until the hearing,
24at which time the plaintiff may seek a temporary protection
25order from the court.
26(c) Certification of order to court.--An emergency
27protection order issued under this section and any documentation
28in support thereof shall be immediately certified to the court.
29The certification to the court shall have the effect of
30commencing proceedings under section 6205 (relating to
1commencement of proceedings) and invoking the other provisions
2of this chapter. If it is not already alleged in a petition for
3an emergency order, the plaintiff shall file a verified
4statement setting forth the reasons for the need for protection
5at least five days prior to the hearing. Service of the verified
6statement shall be made subject to section 6205(d).
7(d) Instructions regarding the commencement of
8proceedings.--Upon issuance of an emergency protection order,
9the hearing officer shall provide the plaintiff instructions
10regarding the commencement of proceedings in the court at the
11beginning of the next business day and regarding the procedures
12for initiating a contempt charge should the defendant violate
13the emergency protection order. The hearing officer shall also
14advise the plaintiff of the existence of rape crisis centers in
15the county or in nearby counties and inform the plaintiff of the
16availability of legal assistance without cost if the plaintiff
17is unable to pay for them.
18(e) Master of emergency relief.--The president judge of a
19court of common pleas of a judicial district may, with the
20approval of the Administrative Office of Pennsylvania Courts,
21provide for the selection and appointment of a master for
22emergency relief on a full-time or part-time basis. The number
23of masters for emergency relief shall be fixed by the president
24judge with the approval of the Administrative Office of
25Pennsylvania Courts. The compensation of a master for emergency
26relief shall be fixed and paid by the county.
27§ 6210. Sexual assault counselor.
1§ 6211. Disclosure of addresses.
2(a) General rule.--During the course of a proceeding under
3this chapter, the court or hearing officer may consider whether
4the plaintiff is endangered by disclosure of the permanent or
5temporary address of the plaintiff. The court shall consider the
6wishes of the plaintiff regarding the disclosure of the address.
7Neither in the pleadings nor during proceedings or hearings
8under this chapter shall the court or hearing officer require
9disclosure of the address of a rape crisis center.
10(b) Order.--Where the court concludes that the defendant
11poses a threat of continued danger to the plaintiff and where
12the plaintiff requests that the address, telephone number and
13information about the plaintiff's whereabouts not be disclosed,
14the court shall enter an order directing that law enforcement
15agencies, human service agencies and school districts shall not
16disclose the presence of the plaintiff in the jurisdiction or
17district or furnish any address, telephone number or any other
18demographic information about the plaintiff except by further
19order of the court.
20§ 6212. Arrest for violation of order.
21(a) General rule.--An arrest for a violation of a protection
22order or court-approved consent agreement issued under this
23chapter may be without warrant upon probable cause, whether or
24not the violation is committed in the presence of the police
25officer or sheriff, in circumstances where the defendant has
26violated a provision of a protection order consistent with
27section 6207 (relating to relief). The police officer or sheriff
28may verify the existence of a protection order by telephone,
29radio or other electronic communication with the appropriate
30police department or issuing authority. A police officer or
4(b) Procedure following arrest.--
5(1) Subsequent to an arrest, the defendant shall be
6taken by the police officer or sheriff without unnecessary
7delay before the court in the judicial district where the
8contempt is alleged to have occurred.
9(2) When that court is unavailable, the police officer
10or sheriff shall convey the defendant to a magisterial
11district judge designated as appropriate by local rules of
12court or, in counties of the first class, to the appropriate
19(e) Hearing.--An expedited hearing shall be scheduled within
20ten days of the filing of the charge or complaint of indirect
21criminal contempt. The hearing and any adjudication shall not
22preclude a hearing on other criminal charges underlying the
23contempt, nor shall a hearing or adjudication on other criminal
24charges preclude a hearing on a charge of indirect criminal
26§ 6213. Private criminal complaints for violation of order.
27(a) General rule.--A plaintiff may file a private criminal
28complaint against a defendant, alleging indirect criminal
29contempt for a violation of any provision of a protection order
30or court-approved consent agreement issued under this chapter,
7(c) Fees and costs.--
8(1) No fees or costs associated with the prosecution of
9the private criminal complaint shall be assigned to the
10plaintiff, including, but not limited to, filing, service,
11failure to prosecute, withdrawal or dismissal.
14(ii) The court shall waive fees and costs imposed
15under this chapter upon a showing of good cause or if the
16court makes a finding that the defendant is not able to
17pay the costs associated with the indirect criminal
19(3) Nothing in this subsection shall be construed to
20expand or diminish the court's authority to enter an order
21under Pa.R.C.P. No.1023.1 (relating to Scope. Signing of
22Documents. Representation to Court. Violation).
23§ 6214. Contempt for violation of order.
24(a) General rule.--Where the police department, sheriff or
25the plaintiff has filed charges of indirect criminal contempt
26against a defendant for violation of a protection order or
27court-approved agreement entered into under this chapter, the
28court may hold the defendant in indirect criminal contempt and
29punish the defendant in accordance with law.
30(b) Jurisdiction.--A court shall have jurisdiction over
3(c) Minor defendant.--Any defendant who is a minor and who
4is charged with indirect criminal contempt for allegedly
5violating a protection order shall be considered to have
6committed an alleged delinquent act as that term is defined in
7section 6302 (relating to definitions) and shall be treated as
8provided in Chapter 63 (relating to juvenile matters).
9(d) Trial and punishment.--
10(1) Notwithstanding section 4136(a) (relating to rights
11of persons charged with certain indirect criminal contempts),
12the defendant shall not have the right to a jury trial;
13however, the defendant shall be entitled to counsel.
30(e) Notification upon release.--
1(1) The appropriate releasing authority or other
2official as designated by local rule shall use all reasonable
3means to notify the victim sufficiently in advance of the
4release of the offender from any incarceration imposed under
5subsection (d). Notification shall be required for work
6release, furlough, medical leave, community service,
7discharge, escape and recapture. Notification shall include
8the terms and conditions imposed on any temporary release
10(2) The plaintiff must keep the appropriate releasing
11authority or other official as designated by local rule
12advised of contact information; failure to do so will
13constitute waiver of any right to notification under this
15(f) Multiple remedies.--Disposition of a charge of indirect
16criminal contempt shall not preclude the prosecution of other
17criminal charges associated with the incident giving rise to the
18contempt, nor shall disposition of other criminal charges
19preclude prosecution of indirect criminal contempt associated
20with the criminal conduct giving rise to the charges.
21§ 6215. Civil contempt or modification for violation of order.
22(a) General rule.--A plaintiff may file a petition for civil
23contempt with the issuing court alleging that the defendant has
24violated any provision of a protection order or court-approved
25agreement entered into under this chapter.
26(b) Civil contempt order.--Upon finding of a violation of a
27protection order, the court, either pursuant to petition for
28civil contempt or on its own accord, may hold the defendant in
29civil contempt and constrain the defendant in accordance with
1(c) Sentencing.--A sentence for civil contempt under this
2chapter may include imprisonment until the defendant complies
3with provisions of the order or demonstrates the intent to do
4so, but in no case shall a term of imprisonment under this
5section exceed a period of six months.
6(d) Jury trial and counsel.--Notwithstanding section 4136(a)
7(relating to rights of persons charged with certain indirect
8criminal contempts), the defendant shall not have a right to a
9jury trial; however, the defendant shall be entitled to counsel.
10§ 6216. Confidentiality.
11(a) Nature of privilege.--
12(1) Unless a victim waives the privilege in a signed
13writing prior to testimony or disclosure, a sexual assault
14counselor or a coparticipant who is present during sexual
15assault counseling or advocacy shall not be competent nor
16permitted to testify, release the records of or to otherwise
17disclose confidential communications made to or by the
18counselor by or to a victim.
19(2) Neither the sexual assault counselor nor the victim
20shall waive the privilege of confidential communications by
21reporting facts of physical or sexual violence under 23
22Pa.C.S. Ch. 63 (relating to child protective services), a
23Federal or State mandatory reporting statute or a local
24mandatory reporting ordinance.
25(b) Definition.--As used in this section, the term "victim"
26is a person against whom sexual violence is committed who
27consults a sexual assault counselor for the purpose of securing
28advice, counseling or assistance. The term also includes a
29person who has a significant relationship with the victim and
30who seeks advice, counseling or assistance from a sexual assault
1counselor regarding the victim.
2§ 6217. Procedure and other remedies.
3Unless otherwise indicated under this chapter, a proceeding
4under this chapter shall be in accordance with applicable
5general rules and shall be in addition to any other available
6civil or criminal remedies. The plaintiff may seek modification
7of a protection order issued under section 6207 (relating to
8relief) at any time during the pendency of the order, but a
9court may not sua sponte modify the order. Modification may be
10ordered after the filing of a petition for modification, service
11of the petition, and a hearing on the petition.
12§ 6218. Applicability.
13The provisions of the following acts relating to victims who
14are protected by an order issued under 23 Pa.C.S. Ch. 61 shall
15apply also to victims who are protected by an order issued under
23§ 6302. Definitions.
27* * *
1occurred in that state, or under Federal law, or under local
2ordinances or an act which constitutes indirect criminal
3contempt under Ch. 62 (relating to sexual violence victim
4protection) or 23 Pa.C.S. Ch. 61 (relating to protection from
6(2) The term shall not include:
7(i) The crime of murder.
8(ii) Any of the following prohibited conduct where
9the child was 15 years of age or older at the time of the
10alleged conduct and a deadly weapon as defined in 18
11Pa.C.S. § 2301 (relating to definitions) was used during
12the commission of the offense which, if committed by an
13adult, would be classified as:
1(H) Voluntary manslaughter.
2(I) An attempt, conspiracy or solicitation to
3commit murder or any of these crimes as provided in
418 Pa.C.S. §§ 901 (relating to criminal attempt), 902
5(relating to criminal solicitation) and 903 (relating
6to criminal conspiracy).
7(iii) Any of the following prohibited conduct where
8the child was 15 years of age or older at the time of the
9alleged conduct and has been previously adjudicated
10delinquent of any of the following prohibited conduct
11which, if committed by an adult, would be classified as:
12(A) Rape as defined in 18 Pa.C.S. § 3121.
21(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
22(G) Voluntary manslaughter.
30(v) A crime committed by a child who has been found
3* * *
4Section 3. This act shall take effect in 180 days.