PRIOR PRINTER'S NO. 660
PRINTER'S NO. 1150
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, WOZNIAK AND LEACH, MARCH 13, 2013
AS AMENDED ON THIRD CONSIDERATION, JUNE 3, 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.
<-6"Adult." An individual who is 18 years of age or older.
7"Certified copy." A paper copy of the original order of the
8issuing court endorsed by the appropriate clerk of that court or
9an electronic copy of the original order of the issuing court
10endorsed with a digital signature of the judge or appropriate
11clerk of that court, regardless of whether or not there is a
12raised seal on the copy of the order of the issuing court.
<-21"Family or household members." Spouses or persons who have
22been spouses, persons living as spouses or who lived as spouses,
23parents and children, other persons related by consanguinity or
24affinity, current or former sexual or intimate partners or
25persons who share biological parenthood.
26"Hearing officer." A magisterial district judge, judge of
27the Philadelphia Municipal Court, bail commissioner appointed
28under section 1123 (relating to jurisdiction and venue) or
29master appointed under section 1126 (relating to masters).
30"Master for emergency relief." A member of the bar of the
<-3"Minor." An individual who is not an adult.
14"Sexual violence." Conduct constituting a crime under any of
15the following provisions of Title 18 (relating to crimes and
16offenses) between persons who are not family or household
17members:, who are not sexual or intimate partners or who do not<-
18share biological parenthood:
1918 Pa.C.S. § 2709(a)(4) (relating to harassment).
2018 Pa.C.S. Ch. 30 (relating to trafficking of persons).
2118 Pa.C.S. Ch. 31 (relating to sexual offenses).
<-2518 Pa.C.S. § 5901 (relating to open lewdness).
3018 Pa.C.S. § 6312(b) (relating to sexual abuse of
<-618 Pa.C.S. § 7507.1 (relating to invasion of privacy).
9"Victim." A person who is the victim of sexual violence.
10§ 6204. Responsibilities of law enforcement agencies.
11(a) General rule.--The police department of each municipal
12corporation, the Pennsylvania State Police and the sheriff of
13each county shall ensure that all their officers, deputies and
14employees are familiar with the provisions of this chapter.
15Instruction concerning sexual violence victim protection orders
16shall be made a part of the training curriculum for all trainee
17officers and deputies. All law enforcement agencies shall adopt
18a written policy regarding sexual violence victim protection
20(b) Notice of arrest.--The police department of each
21municipal corporation and the Pennsylvania State Police shall
22make reasonable efforts to notify any person protected by an
23order issued under this chapter of the arrest of the defendant
24for violation of an order as soon as possible. Unless the person
25cannot be located, notice of the arrest shall be provided not
26more than 24 hours after preliminary arraignment.
<-27(c) Statewide registry.--A record and index of all valid
28temporary and final court orders of protection issued under this
29chapter shall be entered and maintained in the database
30established and maintained by the Pennsylvania State Police
3§ 6205. Commencement of proceedings.
4(a) General rule.--An action for a sexual violence victim
5protection order may be commenced by filing a petition with the
6court requesting protection from the defendant. An adult or
7emancipated minor may seek relief under this chapter for that
8person or any parent, adult household member or guardian ad
9litem may seek relief under this chapter on behalf of a minor
10child or the guardian of the person of an adult who has been
11declared incapacitated under 20 Pa.C.S. Ch. 55 (relating to
12incapacitated persons) may seek relief on behalf of an
16(c) Assessment of fees and costs.--
17(1) (i) No plaintiff seeking relief under this chapter
18shall be charged any fees or costs associated with the
19filing, issuance, registration or service of a petition,
20motion, complaint, order or any other filing. Prohibited
21fees or costs shall include, but are not limited to,
22those associated with modifying, withdrawing, dismissing
23or certifying copies of a petition, motion, complaint,
24order or any other filing, as well as any judicial
25surcharge or computer system fee.
26(ii) No plaintiff seeking relief under this chapter
27shall be charged any fees or costs associated with filing
28a motion for reconsideration or an appeal from any order
29or action taken under this chapter.
30(2) When an order is granted under this chapter, fees
1and costs shall be assessed against the defendant. The court
2shall waive fees and costs upon a showing of good cause or
3when the court makes a finding that the defendant is not able
4to pay the fees and costs.
5(3) Nothing in this <-subsection section is intended to
6expand or diminish the court's authority to enter an order
7under Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of
8Documents. Representations to the Court. Violation).
10(1) The court shall adopt a means of prompt and
11effective service. If the court so orders, the sheriff or
12another court-designated agency or individual shall serve the
13petition and protection order. <-Under no circumstances shall
14the plaintiff be obligated to serve the petition or
15protection order. The petition and protection order shall be
16served upon the defendant, and the order shall be served upon
17the police departments <-and sheriff with appropriate
18jurisdiction to enforce the order. An order also shall be
19promptly served on the district attorney's office.,<- sheriff
20and district attorney in the jurisdiction where the order was
21entered within two business days.
27(1) Provide simplified forms and clerical assistance in
28English and Spanish to help with the writing and filing of
29the petition for a sexual violence protection order for an
30individual not represented by counsel.
1(2) Provide the plaintiff with written and oral
2referrals, in English and Spanish, to local sexual assault
3services, to the local legal services office and to the
4county bar association's lawyer referral service.
7(f) Effect of departure and nonresidence.--The right of the
8plaintiff to relief under this chapter shall not be affected by
9the defendant's absence from this Commonwealth or the
10defendant's nonresidence in this Commonwealth, provided that the
11court has personal jurisdiction over the defendant in accordance
12with section 5322 (relating to bases of personal jurisdiction
13over persons outside this Commonwealth).
14§ 6206. Hearings.
15(a) General rule.--Within ten <-business days of the filing of
16a petition under this chapter, an expedited hearing shall be
17held before the court, at which the plaintiff <-must assert that
18the plaintiff or the person on whose behalf the petition is
19brought is a victim of sexual violence committed by the
20defendant and must prove the need for protection from the
21defendant by a preponderance of the evidence. The court shall,
22at the time the defendant is given notice of the hearing, advise
23the defendant of the right to be represented by counsel.
24(b) Temporary orders.--If a <-plaintiff petitions for
<-25petitioner seeks a temporary protection order for protection
26from an immediate and present danger, the court shall conduct an
27ex parte proceeding. The court may enter such a temporary order
28as it deems necessary to protect the plaintiff when it finds the
29plaintiff is in immediate and present danger. The temporary
30order shall remain in effect until modified or terminated by the
1court after notice and hearing.
2(c) Continued hearings.--<-The court may grant a continuance
3of the hearing for good cause shown by either party. If a
4hearing under subsection (a) is continued and no temporary
5protection order is issued, the court may make ex parte
6temporary orders under subsection (b), as it deems necessary.
7§ 6207. Relief.
13(1) Prohibiting the defendant from having any contact
14with the plaintiff, including, but not limited to,
15restraining the defendant from entering the plaintiff's
16residence, place of employment, business or school. This may
17include prohibiting indirect contact through third parties
<-18and also prohibiting direct or indirect contact with other
<-20(2) Directing the defendant to refrain from harassing or
21stalking the plaintiff and other designated persons as
22defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and
232709.1 (relating to stalking).
26(c) Duration and amendment of order or agreement.--A
27protection order or an approved consent agreement shall be for a
28fixed period of time not to exceed 36 months. <-The court may
29amend its order or agreement at any time upon subsequent
30petition filed by either party.
1(d) Extension of protection orders.--
2(1) An extension of a protection order may be granted:
3(i) Where the court finds, after a duly filed
4petition, notice to the defendant and a hearing, in
5accordance with the procedures set forth in sections 6205
6(relating to commencement of proceedings) and 6206
7(relating to hearings), that the protection is necessary
8because the defendant engaged in one or more acts <-that
9indicate <-or some other circumstances that, in the
10discretion of the court, demonstrate a continued risk of
11harm to the plaintiff.
12(ii) When a contempt petition or charge has been
13filed with the court or, in a county of the first class,
14a hearing officer, but the hearing has not occurred
15before the expiration of the protection order, the order
16shall be extended, at a minimum, until the disposition of
17the contempt petition.
23(e) Notice.--Notice shall be given to the defendant stating
24that violations of the protection order will subject the
25defendant to arrest under section 6212 (relating to arrest for
26violation of order) or contempt of court under section 6214
27(relating to contempt for violation of order).
1next 90 days or has been released from custody within the past
290 days, a plaintiff does not need to show that the defendant
3engaged in one or more acts that indicate continued risk of harm
4to the plaintiff in order to obtain an extension or a subsequent
5protection order under this act.
6§ 6208. Service of orders.
7A copy of a protection order shall be issued to the
8plaintiff, the defendant<-, the sheriff and the police department
9with appropriate jurisdiction to enforce the order in accordance
10with the provisions of this chapter or as ordered by the court
11or hearing officer.
12§ 6209. Emergency relief by minor judiciary.
13(a) General rule.--When:
4(b) Expiration of order.--A protection order issued under
5subsection (a) shall expire at the end of the next business day
6the court deems itself available. The court shall schedule
7hearings on orders entered by hearing officers under subsection
8(a) and shall review and continue in effect protection orders
9that are necessary to protect the plaintiff until the hearing,
10at which time the plaintiff may seek a temporary protection
11order from the court.
12(c) Certification of order to court.--An emergency
13protection order issued under this section and any documentation
14in support thereof shall be immediately certified to the court.
15The certification to the court shall have the effect of
16commencing proceedings under section 6205 (relating to
17commencement of proceedings) and invoking the other provisions
18of this chapter. If it is not already alleged in a petition for
19an emergency order, the plaintiff shall file a verified
20statement setting forth the reasons for the need for protection
21at least five days prior to the hearing. Service of the verified
22statement shall be made subject to section 6205(d).
23(d) Instructions regarding the commencement of
24proceedings.--Upon issuance of an emergency protection order,
25the hearing officer shall provide the plaintiff instructions
26regarding the commencement of proceedings in the court at the
27beginning of the next business day and regarding the procedures
28for initiating a contempt charge should the defendant violate
29the emergency protection order. The hearing officer shall also
30advise the plaintiff of the existence of rape crisis centers in
4(e) Master of emergency relief.--The president judge of a
5court of common pleas of a judicial district may, with the
6approval of the Administrative Office of Pennsylvania Courts,
7provide for the selection and appointment of a master for
8emergency relief on a full-time or part-time basis. The number
9of masters for emergency relief shall be fixed by the president
10judge with the approval of the Administrative Office of
11Pennsylvania Courts. The compensation of a master for emergency
12relief shall be fixed and paid by the county.
13§ 6210. Sexual assault counselor.
17§ 6211. Disclosure of addresses.
18(a) General rule.--During the course of a proceeding under
19this chapter, the court or hearing officer may consider whether
20the plaintiff is endangered by disclosure of the permanent or
21temporary address of the plaintiff. The court shall consider the
22wishes of the plaintiff regarding the disclosure of the address.
23Neither in the pleadings nor during proceedings or hearings
24under this chapter shall the court or hearing officer require
25disclosure of the address of a rape crisis center <-or the
27(b) Order.--Where the court concludes that the defendant
28poses a threat of continued danger to the plaintiff and where
29the plaintiff requests that the address, telephone number and
30information about the plaintiff's whereabouts not be disclosed,
1the court shall enter an order directing that law enforcement
2agencies, human service agencies and school districts shall not
3disclose the presence of the plaintiff in the jurisdiction or
4district or furnish any address, telephone number or any other
5demographic information about the plaintiff except by further
6order of the court.
7§ 6212. Arrest for violation of order.
8(a) General rule.--An arrest for a violation of a protection
9order or court-approved consent agreement issued under this
10chapter may be without warrant upon probable cause, whether or
11not the violation is committed in the presence of the police
12officer or sheriff, in circumstances where the defendant has
13violated a provision of a protection order consistent with
14section 6207 (relating to relief). The police officer or sheriff
15may verify the existence of a protection order by telephone,
16radio or other electronic communication with the appropriate
17police department or issuing authority. A police officer or
18sheriff shall arrest a defendant for violating a protection
19order by a court within the judicial district or issued by a
20court in another judicial district within this Commonwealth.
21(b) Procedure following arrest.--
22(1) Subsequent to an arrest, the defendant shall be
23taken by the police officer or sheriff without unnecessary
24delay before the court in the judicial district where the
25contempt is alleged to have occurred.
26(2) When that court is unavailable, the police officer
27or sheriff shall convey the defendant to a magisterial
28district judge designated as appropriate by local rules of
29court or, in counties of the first class, to the appropriate
6(e) Hearing.--An expedited hearing shall be scheduled within
7ten <-business days of the filing of the charge or complaint of
8indirect criminal contempt. The hearing and any adjudication
9shall not preclude a hearing on other criminal charges
10underlying the contempt, nor shall a hearing or adjudication on
11other criminal charges preclude a hearing on a charge of
12indirect criminal contempt.
13§ 6213. Private criminal complaints for violation of order.
14(a) General rule.--A plaintiff may file a private criminal
15complaint against a defendant, alleging indirect criminal
16contempt for a violation of any provision of a protection order
17or court-approved consent agreement issued under this chapter,
18with the court, the office of the district attorney or the
19magisterial district judge in the jurisdiction or county where
20the violation occurred.
<-21(b) Procedure service.--Procedure for filing and service of
<-22(b) Procedure service.--
<-26(2) Nothing in this subsection is intended to expand or
27diminish the court's authority to enter an order pursuant to
28Pa.R.C.P. No. 1023.1 (relating to scope. signing of
29documents. representations to the court. violation).
30(c) Fees and costs.--
1(1) No fees or costs associated with the prosecution of
2the private criminal complaint shall be assigned to the
3plaintiff, including, but not limited to, filing, service,
4failure to prosecute, withdrawal or dismissal.
7(ii) The court shall waive fees and costs imposed
8under this chapter upon a showing of good cause or if the
9court makes a finding that the defendant is not able to
10pay the costs associated with the indirect criminal
12(3) Nothing in this subsection shall be construed to
13expand or diminish the court's authority to enter an order
14under Pa.R.C.P. No.1023.1 (relating to Scope. Signing of
15Documents. Representation to Court. Violation).
16§ 6214. Contempt for violation of order.
17(a) General rule.--Where the police department, sheriff or
18the plaintiff has filed charges of indirect criminal contempt
19against a defendant for violation of a protection order or
20court-approved agreement entered into under this chapter, the
21court may hold the defendant in indirect criminal contempt and
22punish the defendant in accordance with law.
26(c) Minor defendant.--Any defendant who is a minor and who
27is charged with indirect criminal contempt for allegedly
28violating a protection order shall be considered to have
29committed an alleged delinquent act as that term is defined in
30section 6302 (relating to definitions) and shall be treated as
1provided in Chapter 63 (relating to juvenile matters).
2(d) Trial and punishment.--
3(1) Notwithstanding section 4136(a) (relating to rights
4of persons charged with certain indirect criminal contempts),
5the defendant shall not have the right to a jury trial <-on the
6charge of indirect criminal contempt; however, the defendant
7shall be entitled to counsel.
24(e) Notification upon release.--
25(1) The appropriate releasing authority or other
26official as designated by local rule shall use all reasonable
27means to notify the victim sufficiently in advance of the
28release of the offender from any incarceration imposed under
29subsection (d). Notification shall be required for work
30release, furlough, medical leave, community service,
4(2) The plaintiff must keep the appropriate releasing
5authority or other official as designated by local rule
6advised of contact information; failure to do so will
7constitute waiver of any right to notification under this
9(f) Multiple remedies.--Disposition of a charge of indirect
10criminal contempt shall not preclude the prosecution of other
11criminal charges associated with the incident giving rise to the
12contempt, nor shall disposition of other criminal charges
13preclude prosecution of indirect criminal contempt associated
14with the criminal conduct giving rise to the charges.
15§ 6215. Civil contempt or modification for violation of order.
16(a) General rule.--A plaintiff may file a petition for civil
17contempt with the issuing court alleging that the defendant has
18violated any provision of a protection order or court-approved
19agreement entered into under this chapter.
20(b) Civil contempt order.--Upon finding of a violation of a
21protection order, the court, either pursuant to petition for
22civil contempt or on its own accord, may hold the defendant in
23civil contempt and constrain the defendant in accordance with
25(c) Sentencing.--A sentence for civil contempt under this
26chapter may include imprisonment until the defendant complies
27with provisions of the order or demonstrates the intent to do
28so, but in no case shall a term of imprisonment under this
29section exceed a period of six months.
30(d) Jury trial and counsel.--Notwithstanding section 4136(a)
4§ 6216. Confidentiality.
5(a) Nature of privilege.--
6(1) Unless a victim <-who consults a sexual assault
7counselor for the purpose of securing advice, counseling or
8assistance waives the privilege in a signed writing prior to
9testimony or disclosure, a sexual assault counselor or a
10coparticipant who is present during sexual assault counseling
11or advocacy shall not be competent nor permitted to testify,
12release the records of or to otherwise disclose confidential
13communications made to or by the counselor by or to <-a the
15(2) Neither the sexual assault counselor nor the victim
16shall waive the privilege of confidential communications by
17reporting facts of physical or sexual violence under 23
18Pa.C.S. Ch. 63 (relating to child protective services), a
19Federal or State mandatory reporting statute or a local
20mandatory reporting ordinance.
21(b) <-Definition.--As used in this section, the term "victim"
22is a person against whom sexual violence is committed who
23consults a sexual assault counselor for the purpose of securing
24advice, counseling or assistance. The term also includes
<-25Scope.--The provisions of this section applicable to the victim
26shall also apply to a person <-who has a significant relationship
27with the victim and who seeks advice, counseling or assistance
28from a sexual assault counselor regarding the victim.
29§ 6217. Procedure and other remedies.
30Unless otherwise indicated under this chapter, a proceeding
1under this chapter shall be in accordance with applicable
2general rules and shall be in addition to any other available
3civil or criminal remedies. The plaintiff <-and the defendant may
4seek modification of a protection order issued under section
56207 (relating to relief) at any time during the pendency of the
6order<-, but a court may not sua sponte modify the order.
7Modification may be ordered after the filing of a petition for
8modification, service of the petition, and a hearing on the
10§ 6218. Applicability.
11The provisions of the following acts relating to victims who
12are protected by an order issued under 23 Pa.C.S. Ch. 61 shall
13apply also to victims who are protected by an order issued under
21§ 6302. Definitions.
25* * *
27(1) The term means an act designated a crime under the
28law of this Commonwealth, or of another state if the act
29occurred in that state, or under Federal law, or under local
30ordinances or an act which constitutes indirect criminal
4(2) The term shall not include:
5(i) The crime of murder.
6(ii) Any of the following prohibited conduct where
7the child was 15 years of age or older at the time of the
8alleged conduct and a deadly weapon as defined in 18
9Pa.C.S. § 2301 (relating to definitions) was used during
10the commission of the offense which, if committed by an
11adult, would be classified as:
29(H) Voluntary manslaughter.
30(I) An attempt, conspiracy or solicitation to
5(iii) Any of the following prohibited conduct where
6the child was 15 years of age or older at the time of the
7alleged conduct and has been previously adjudicated
8delinquent of any of the following prohibited conduct
9which, if committed by an adult, would be classified as:
10(A) Rape as defined in 18 Pa.C.S. § 3121.
19(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
20(G) Voluntary manslaughter.
1* * *
2Section 3. This act shall take effect in 180 days.