PRIOR PRINTER'S NOS. 660, 1150
PRINTER'S NO. 1592
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 REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 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.
10CHAPTER 62<- 62A
11SEXUAL VIOLENCE VICTIM PROTECTION
<-136201 62A01. Scope of chapter.
<-146202 62A02. Findings and purpose.
<-156203 62A03. Definitions.
<-166204 62A04. Responsibilities of law enforcement agencies.
<-176205 62A05. Commencement of proceedings.
<-16206 62A06. Hearings.
26207 62A07. Relief.<-
36208 62A08. <-Service of orders. (Reserved).
<-46209 62A09. Emergency relief by minor judiciary.
<-56210 62A10. Sexual assault counselor.
<-66211 62A11. Disclosure of addresses.
<-76212 62A12. Arrest for violation of order.
<-106214 62A14. Contempt for violation of order.
<-136216 62A16. Confidentiality.
<-146217 62A17. Procedure and other remedies.
<-156218 62A18. Applicability.
<-166219 62A19. Inability to pay.
<-176620 62A20. Construction.
18§ <-6201 62A01. Scope of chapter.
19This chapter relates to sexual violence victim protection.
20§ 6102<- 62A02. Findings and purpose.
21The General Assembly finds and declares that:
7§ <-6203 62A03. Definitions.
11"Adult." An individual who is 18 years of age or older.
12"Certified copy." A paper copy of the original order of the
13issuing court endorsed by the appropriate clerk of that court or
14an electronic copy of the original order of the issuing court
15endorsed with a digital signature of the judge or appropriate
16clerk of that court, regardless of whether or not there is a
17raised seal on the copy of the order of the issuing court.
26"Family or household members." Spouses or persons who have
27been spouses, persons living as spouses or who lived as spouses,
28parents and children, other persons related by consanguinity or
29affinity, current or former sexual or intimate partners or
30persons who share biological parenthood.
1"Hearing officer." A magisterial district judge, judge of
2the Philadelphia Municipal Court, bail commissioner appointed
3under section 1123 (relating to jurisdiction and venue) <-or,
4master appointed under section 1126 (relating to masters) or<-
5master for emergency relief.
9"Minor." An individual who is not an adult.
20"Sexual violence." Conduct constituting a crime under any of
21the following provisions of <-Title 18 18 Pa.C.S. (relating to
22crimes and offenses) between persons who are not family or
3018 Pa.C.S. Ch. 31 (relating to sexual offenses)<-, except
17"Victim." A person who is the victim of sexual violence.
18§ <-6204 62A04. Responsibilities of law enforcement agencies.
19(a) General rule.--The police department of each municipal
20corporation, the Pennsylvania State Police and the sheriff of
21each county shall ensure that all their officers, deputies and
22employees are familiar with the provisions of this chapter.
23Instruction concerning sexual violence victim protection orders
24shall be made a part of the training curriculum for all trainee
25officers and deputies. All law enforcement agencies shall adopt
26a written policy regarding sexual violence victim protection
1order issued under this chapter of the arrest of the defendant
2for violation of an order as soon as possible. Unless the person
3cannot be located, notice of the arrest shall be provided not
4more than 24 hours after preliminary arraignment.
<-5(c) Statewide registry.--A record and index of all valid
<-6(c) Statewide registry.--
7(1) A complete and systematic record and index of all
8valid temporary and final court orders of protection orders<-
9issued under this chapter shall be entered and maintained in
10the database established and maintained by the Pennsylvania
11State Police pursuant to 23 Pa.C.S. § 6105(e) (relating to
12responsibilities of law enforcement agencies).
20(iii) The name and address of the defendant.
21(iv) The date the order was entered.
22(v) The date the order expires.
30(3) The prothonotary shall send, on a form prescribed by
1the Pennsylvania State Police, a copy of an order to the
2Statewide registry so that it is received within 24 hours of
3the entry of the order. An amendment to or revocation of an
4order shall be transmitted by the prothonotary within 24
5hours of the entry of the order for modification or
6revocation. The Pennsylvania State Police shall enter orders,
7amendments and revocations in the Statewide registry within
8eight hours of receipt. Vacated or expired orders shall be
9purged from the registry.
18§ <-6205 62A05. Commencement of proceedings.
19(a) General rule.--<-An action for a sexual violence victim
20protection order may be commenced by filing a petition with the
21court requesting protection from the defendant. An adult or
22emancipated minor may seek relief under this chapter for that
23person or any parent, adult household member or guardian ad
24litem may seek relief under this chapter on behalf of a minor
25child or the guardian of the person of an adult who has been
26declared incapacitated under 20 Pa.C.S. Ch. 55 (relating to
27incapacitated persons) may seek relief on behalf of an
28incapacitated adult<-, by filing a petition with the court
29alleging the need for protection from the defendant.
30(a.1) False reports.--A person who knowingly gives false
7(c) Assessment of fees and costs.--
8(1) (i) No plaintiff seeking relief under this chapter
9shall be charged any fees or costs associated with the
10filing, issuance, registration or service of a petition,
11motion, complaint, order or any other filing. Prohibited
12fees or costs shall include, but are not limited to,
13those associated with modifying, withdrawing, dismissing
14or certifying copies of a petition, motion, complaint,
15order or any other filing, as well as any judicial
16surcharge or computer system fee.
17(ii) No plaintiff seeking relief under this chapter
18shall be charged any fees or costs associated with filing
19a motion for reconsideration or an appeal from any order
20or action taken under this chapter.
21(2) When an order is granted under this chapter, fees
22and costs shall be assessed against the defendant. The court
23shall waive fees and costs upon a showing of good cause or
24when the court makes a finding that the defendant is not able
25to pay the fees and costs.
26(3) Nothing in this section is intended to expand or
27diminish the court's authority to enter an order under
28Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of
29Documents. Representations to the Court. Violation).
<-30(c.1) Surcharge on order.--When an order is granted under
5(1) Twenty-five dollars shall be forwarded to the
6Commonwealth and shall be used by the Pennsylvania State
7Police to establish and maintain the Statewide registry of
8protection orders provided for in section 62A04(c) (relating
9to relating to responsibilities of law enforcement agencies).
15(ii) Twenty-five dollars shall be used by the court.
16(3) Twenty-five dollars shall be forwarded to the
17Department of Public Welfare for use for victims of sexual
18assault in accordance with the provisions of section 2333 of
19the act of April 9, 1929 (P.L.177, No.175), known as The
20Administrative Code of 1929.
21(4) The surcharge allocated under paragraphs (1) and (3)
22shall be used to supplement and not to supplant any other
23source of funds received for the purpose of carrying out the
24provisions of this chapter.
26(1) The court shall adopt a means of prompt and
27effective service. If the court so orders, the sheriff or
28another court-designated agency or individual shall serve the
29petition and protection order. Under no circumstances shall
30the plaintiff be obligated to serve the petition or
1protection order.<- The petition and protection order shall be
2served upon the defendant, and the order shall be served upon
3the police departments, sheriff and district attorney in the
4jurisdiction where the order was entered within two business
13(5) In the case of a minor victim, a copy of the
14petition and order shall be served upon the county agency and
15the Department of Public Welfare. For purposes of this
16subparagraph, the term "county agency" shall be as defined in
1723 Pa.C.S. 6303 (relating to definitions).
25(1) Provide simplified forms and clerical assistance in
26English and Spanish to help with the writing and filing of
27the petition for <-a sexual violence protection an order for an
28individual not represented by counsel.
5(f) Effect of departure and nonresidence.--The right of the
6plaintiff to relief under this chapter shall not be affected by
7the defendant's absence from this Commonwealth or the
8defendant's nonresidence in this Commonwealth, provided that the
9court has personal jurisdiction over the defendant in accordance
10with section 5322 (relating to bases of personal jurisdiction
11over persons outside this Commonwealth).
12§ <-6206 62A06. Hearings.
13(a) General rule.--Within ten business days of the filing of
<-14a petition under this chapter, an expedited hearing shall be
15held before the court, at which the plaintiff must assert that
16the plaintiff or the person on whose behalf the petition is
17brought is a victim of sexual violence committed by the
18defendant and must prove the need for protection from the
19defendant by a preponderance of the evidence. The court shall,
20at the time the defendant is given notice of the hearing, advise
21the defendant of the right to be represented by counsel. <-a
22petition under this chapter, a hearing shall be held before the
23court, where the plaintiff must:
30(a.1) Right to counsel.--The court shall, at the time the
1defendant is given notice of the hearing, advise the defendant
2of the right to be represented by counsel. The notice shall be
3printed and delivered in a manner that easily attracts attention
4to its contents.
5(b) Temporary orders.--If a <-petitioner seeks a temporary
6protection order <-plaintiff seeks a temporary order for
7protection from an immediate and present danger, the court shall
8conduct an ex parte proceeding. The court may enter <-such a
9temporary order as it deems necessary to protect the plaintiff
10or another individual, as appropriate, when it finds the<-
11plaintiff <-or another individual is in immediate and present
12danger <-from the defendant. The temporary order shall remain in
13effect until modified or terminated by the court after notice
15(c) Continued hearings.--<-The court may grant a continuance
16of the hearing for good cause shown by either party. If a
17hearing under subsection (a) is continued and no temporary
<-18protection order is issued, the court may make ex parte
19temporary orders under subsection (b), as it deems necessary.
20§ <-6207 62A07. Relief.
21(a) Order or consent agreement.--The court may issue <-a
22protection <-an order or approve a consent agreement to protect
23the plaintiff <-or another individual, as appropriate, from the
27(1) Prohibiting the defendant from having any contact
28with the <-plaintiff victim, including, but not limited to,
29restraining the defendant from entering the <-plaintiff's
30victim's residence, place of employment, business or school.<-
6(c) Duration and amendment of order or agreement.--A
7protection order or an approved consent agreement shall be for a
8fixed period of time not to exceed 36 months. The court may
9amend its order or agreement at any time upon subsequent
10petition filed by either party.
11(d) Extension of protection orders.--
14(i) Where the court <-finds, after a duly filed
15petition, notice to the defendant and a hearing, in
16accordance with the procedures set forth in sections 6205<-
1762A<-05 (relating to commencement of proceedings) and 6206
1862A06 (relating to hearings), <-that the protection finds
19that the extension is necessary because the defendant
20engaged in one or more acts or <-finds some other
21circumstances that, in the discretion of the court,
22demonstrate a continued risk of harm to the <-plaintiff
24(ii) When a contempt petition or charge has been
25filed with the court or, in a county of the first class,
26a hearing officer, but the hearing has not occurred
27before the expiration of the protection order, the order
28shall be extended, at a minimum, until the disposition of
29the contempt petition.
30(2) Service of an extended <-protection order shall be
5(e) Notice.--Notice shall be given to the defendant stating
6that violations of the <-protection order will subject the
7defendant to arrest under section <-6212 62A12 (relating to arrest
8for violation of order) or contempt of court under section <-6214
962A14<- (relating to contempt for violation of order).
10(f) Incarceration.--When the defendant is or was
11incarcerated and will be released from custody in the next 90
12days or has been released from custody within the past 90 days,
13a plaintiff does not need to show that the defendant engaged in
14one or more acts that indicate <-a continued risk of harm to the
<-15plaintiff victim in order to obtain an extension or a subsequent
16protection order under this act.
20§ 6208. <-Service of orders.
21A copy of a protection order shall be issued to the
22plaintiff, the defendant, the sheriff and the police department
23with appropriate jurisdiction to enforce the order in accordance
24with the provisions of this chapter or as ordered by the court
25or hearing officer.
26§ 62A08. <-(Reserved).
27§ <-6209 62A09. Emergency relief by minor judiciary.
28(a) General rule.--When:
13a petition may be filed before a hearing officer who may grant
14relief in accordance with section <-6207 62A07 (relating to
15relief) if the hearing officer deems it necessary to protect the
16plaintiff <-victim upon good cause shown in an ex parte
17proceeding. Immediate and present danger <-to the plaintiff posed
18by the defendant to the victim shall constitute good cause for
19the purposes of this subsection.
20(b) Expiration of order.--<-A protection An order issued under
21subsection (a) shall expire at the end of the next business day
22the court deems itself available. The court shall schedule
23hearings on orders entered by hearing officers under subsection
24(a) and shall review and continue in effect protection orders<-
25that are necessary to protect the plaintiff <-or another
26individual, as appropriate, until the hearing, at which time the
27plaintiff may seek a temporary <-protection order from the court.
1The certification to the court shall have the effect of
2commencing proceedings under section <-6205 62A05 (relating to
3commencement of proceedings) and invoking the other provisions
4of this chapter. If it is not already alleged in a petition for
5an emergency order, the plaintiff shall file a verified
6statement setting forth the reasons for the need for protection
7at least five days prior to the hearing. Service of the verified
8statement shall be made subject to section 6205(d)<- 62A05(d).
9(d) Instructions regarding the commencement of
10proceedings.--Upon issuance of an emergency <-protection order,
11the hearing officer shall provide the plaintiff instructions
12regarding the commencement of proceedings in the court at the
13beginning of the next business day and regarding the procedures
14for initiating a contempt charge should the defendant violate
15the emergency <-protection order. The hearing officer shall also
16advise the plaintiff of the existence of rape crisis centers in
17the county or in nearby counties and inform the plaintiff of the
18availability of legal assistance without cost if the plaintiff
19is unable to pay for them.
20(e) Master of emergency relief.--The president judge of a
21court of common pleas of a judicial district may, with the
22approval of the Administrative Office of Pennsylvania Courts,
23provide for the selection and appointment of a master for
24emergency relief on a full-time or part-time basis. The number
25of masters for emergency relief shall be fixed by the president
26judge with the approval of the Administrative Office of
27Pennsylvania Courts. The compensation of a master for emergency
28relief shall be fixed and paid by the county.
29§ <-6210 62A10. Sexual assault counselor.
30A sexual assault counselor may accompany and provide
3§ <-6211 62A11. Disclosure of addresses.
4(a) General rule.--During the course of a proceeding under
5this chapter, the court or hearing officer may consider whether
6the plaintiff <-or victim, as appropriate, is endangered by
7disclosure of the permanent or temporary address of the
8plaintiff <-or victim. The court shall consider the wishes of the
9plaintiff regarding the disclosure of the address. Neither in
10the pleadings nor during proceedings or hearings under this
11chapter shall the court or hearing officer require disclosure of
12the address of a rape crisis center or the plaintiff <-or victim,
14(b) Order.--Where the court concludes that the defendant
<-15poses a threat of continued danger to the plaintiff poses a
16continued risk of harm to the victim and where the plaintiff
17requests that the address, telephone number and information
18about the plaintiff's victim's whereabouts not be disclosed, the<-
19court shall enter an order directing that law enforcement
20agencies, human service agencies and school districts shall not
21disclose the presence of the <-plaintiff victim in the
22jurisdiction or district or furnish any address, telephone
23number or any other demographic information about the <-plaintiff
<-24victim except by further order of the court.
25§ <-6212 62A12. Arrest for violation of order.
26(a) General rule.--An arrest for a violation of <-a protection
27order or court-approved consent agreement an order issued under
28this chapter may be without warrant upon probable cause, whether
29or not the violation is committed in the presence of the police
30officer or sheriff, in circumstances where the defendant has
1violated a provision of <-a protection an order consistent with
2section 6207 <-62A07 (relating to relief). The police officer or
3sheriff may verify the existence of <-a protection an order by
4telephone, radio or other electronic communication with the
5appropriate police department<-, Pennsylvania State Police
6registry or issuing authority. A police officer or sheriff shall
7arrest a defendant for violating a protection an order by a<-
8court within the judicial district or issued by a court in
9another judicial district within this Commonwealth.
10(b) Procedure following arrest.--
11(1) Subsequent to an arrest, the defendant shall be
12taken by the police officer or sheriff without unnecessary
13delay before the court in the judicial district where the
14contempt is alleged to have occurred.
15(2) When that court is unavailable, the police officer
16or sheriff shall convey the defendant to a magisterial
17district judge designated as appropriate by local rules of
18court or, in counties of the first class, to the appropriate
25(e) Hearing.--<-An expedited A hearing shall be scheduled
26within ten business days of the filing of the charge or
27complaint of indirect criminal contempt. The hearing and any
28adjudication shall not preclude a hearing on other criminal
29charges underlying the contempt, nor shall a hearing or
30adjudication on other criminal charges preclude a hearing on a
1charge of indirect criminal contempt.
4(a) General rule.--A plaintiff may file a private criminal
5complaint against a defendant, alleging indirect criminal
6contempt for a violation of any provision of <-a protection an
7order or court-approved consent agreement issued under this
8chapter, with the court, the office of the district attorney or
9the magisterial district judge in the jurisdiction or county
10where the violation occurred<-, except that in a county of the
11first class, a complaint may only be filed with the family
12division of the court of common pleas or the office of district
14(b) Procedure service.--
18(2) Nothing in this subsection is intended to expand or
19diminish the court's authority to enter an order pursuant to
20Pa.R.C.P. No. 1023.1 (relating to <-scope. signing of
21documents. representations to the court. violation <-Scope.
22Signing of Documents. Representations to the Court.
24(c) Fees and costs.--
25(1) No fees or costs associated with the prosecution of
26the private criminal complaint shall be assigned to the
27plaintiff, including, but not limited to, filing, service,
28failure to prosecute, withdrawal or dismissal.
1(ii) The court shall waive fees and costs imposed
2under this chapter upon a showing of good cause or if the
3court makes a finding that the defendant is not able to
4pay the costs associated with the indirect criminal
6(3) Nothing in this subsection shall be construed to
7expand or diminish the court's authority to enter an order
8under Pa.R.C.P. No.1023.1 <-(relating to Scope. Signing of
9Documents. Representation to Court. Violation).
10§ <-6214 62A14. Contempt for violation of order.
11(a) General rule.--Where the police department, sheriff or
12the plaintiff has filed charges of indirect criminal contempt
13against a defendant for violation of <-a protection an order or
14court-approved <-consent agreement entered into under this
15chapter, the court may hold the defendant in indirect criminal
16contempt and punish the defendant in accordance with law.
17(b) Jurisdiction.--A court shall have jurisdiction over
18indirect criminal contempt charges for violation of a protection
19order in the county where the violation <-occurred and in the
20county where the order was granted.
21(c) Minor defendant.--Any defendant who is a minor and who
22is charged with indirect criminal contempt for allegedly
23violating a protection order shall be considered to have
24committed an alleged delinquent act as that term is defined in
25section 6302 (relating to definitions) and shall be treated as
26provided in Chapter 63 (relating to juvenile matters).
27(d) Trial and punishment.--
21(i) One hundred dollars shall be forwarded to the
22Commonwealth and shall be used by the Pennsylvania State
23Police to establish and maintain the Statewide registry
24of protection orders provided for in section 62A04(c)
25(relating to responsibilities of law enforcement
30(A) Fifty dollars shall be used by the sheriff.
1(B) Fifty dollars shall be used by the court.
2(iii) One hundred dollars shall be forwarded to the
3Department of Public Welfare for use for victims of
4sexual assault in accordance with the provisions of
5section 2333 of the act of April 9, 1929 (P.L.177,
6No.175), known as The Administrative Code of 1929.
9(e) Notification upon release.--
10(1) The appropriate releasing authority or other
11official as designated by local rule shall use all reasonable
12means to notify the victim sufficiently in advance of the
13release of the offender from any incarceration imposed under
14subsection (d). Notification shall be required for work
15release, furlough, medical leave, community service,
16discharge, escape and recapture. Notification shall include
17the terms and conditions imposed on any temporary release
19(2) The plaintiff must keep the appropriate releasing
20authority or other official as designated by local rule
21advised of contact information; failure to do so will
22constitute waiver of any right to notification under this
24(f) Multiple remedies.--Disposition of a charge of indirect
25criminal contempt shall not preclude the prosecution of other
26criminal charges associated with the incident giving rise to the
27contempt, nor shall disposition of other criminal charges
28preclude prosecution of indirect criminal contempt associated
29with the criminal conduct giving rise to the charges.
30§ <-6215 62A15. Civil contempt or modification for violation of
1order <-or agreement.
2(a) General rule.--A plaintiff may file a petition for civil
3contempt with the issuing court alleging that the defendant has
4violated any provision of a protection an order or<-
5court-approved <-consent agreement entered into under this
7(b) Civil contempt order.--Upon finding of a violation of a
8protection order <-or court-approved consent agreement issued
9under this chapter, the court, either pursuant to petition for
10civil contempt or on its own accord, may hold the defendant in
11civil contempt and constrain the defendant in accordance with
13(c) Sentencing.--A sentence for civil contempt under this
14chapter may include imprisonment until the defendant complies
15with provisions of the order or court-approved consent agreement<-
16or demonstrates the intent to do so, but in no case shall a term
17of imprisonment under this section exceed a period of six
19(d) Jury trial and counsel.--Notwithstanding section 4136(a)
20(relating to rights of persons charged with certain indirect
21criminal contempts), the defendant shall not have a right to a
22jury trial; however, the defendant shall be entitled to counsel.
23§ <-6216 62A16. Confidentiality.
24(a) Nature of privilege.--
25(1) Unless a victim who consults a sexual assault
26counselor for the purpose of securing advice, counseling or
27assistance waives the privilege in a signed writing prior to
28testimony or disclosure, a sexual assault counselor or a
29coparticipant who is present during sexual assault counseling
30or advocacy shall not be competent nor permitted to testify,
5(2) Neither the sexual assault counselor nor the victim
6shall waive the privilege of confidential communications by
7reporting facts of physical or sexual violence under 23
8Pa.C.S. Ch. 63 (relating to child protective services), a
9Federal or State mandatory reporting statute or a local
10mandatory reporting ordinance.
11(b) Scope.--The provisions of this section applicable to the
12victim shall also apply to a person who seeks advice, counseling
13or assistance from a sexual assault counselor regarding the
15§ <-6217 62A17. Procedure and other remedies.
<-16(a) General rule.--Unless otherwise indicated under this
17chapter, a proceeding under this chapter shall be in accordance
18with applicable general rules and shall be in addition to any
19other available civil or criminal remedies. The plaintiff and
20the defendant may seek modification of a protection order issued
21under section <-6207 62A07 (relating to relief) at any time during
22the pendency of the order. <-Modification Except as otherwise
23provided in this chapter, modification may be ordered after the
24filing of a petition for modification, service of the petition,
25and a hearing on the petition.
<-26(b) Remedies for bad faith.--Notwithstanding any other
27provision of law, upon finding that an individual commenced a
28proceeding under this chapter in bad faith, a court shall direct
29the individual to pay to the defendant actual damages and
30reasonable attorney fees. Failure to prove an allegation of
3§ <-6218 62A18. Applicability.
4The provisions of the following acts relating to victims who
5are protected by an order issued under 23 Pa.C.S. Ch. 61
6(relating to protection from abuse)<- shall apply also to victims
7who are protected by an order issued under this chapter:
<-12§ 62A19. Inability to pay.
13(a) Order for installment payments.--Upon plea and proof
14that a person is without the financial means to pay a fine, a
15fee or a cost, a court may order payment of money owed in
16installments appropriate to the circumstances of the person and
17shall fix the amounts, times and manner of payment.
21§ 62A20. Construction.
22Nothing in this chapter shall be construed to preclude an
23action for wrongful use of civil process in accordance with
24Subchapter E of Chapter 83 (relating to wrongful use of civil
25proceedings) or criminal prosecution for a violation of 18
26Pa.C.S. Ch. 49 (relating to falsification and intimidation).
29§ 6302. Definitions.
30The following words and phrases when used in this chapter
3* * *
5(1) The term means an act designated a crime under the
6law of this Commonwealth, or of another state if the act
7occurred in that state, or under Federal law, or under local
8ordinances or an act which constitutes indirect criminal
9contempt under Ch. 62 <-62A (relating to sexual violence victim
10protection) or 23 Pa.C.S. Ch. 61 (relating to protection from
12(2) The term shall not include:
13(i) The crime of murder.
14(ii) Any of the following prohibited conduct where
15the child was 15 years of age or older at the time of the
16alleged conduct and a deadly weapon as defined in 18
17Pa.C.S. § 2301 (relating to definitions) was used during
18the commission of the offense which, if committed by an
19adult, would be classified as:
7(H) Voluntary manslaughter.
8(I) An attempt, conspiracy or solicitation to
9commit murder or any of these crimes as provided in
1018 Pa.C.S. §§ 901 (relating to criminal attempt), 902
11(relating to criminal solicitation) and 903 (relating
12to criminal conspiracy).
13(iii) Any of the following prohibited conduct where
14the child was 15 years of age or older at the time of the
15alleged conduct and has been previously adjudicated
16delinquent of any of the following prohibited conduct
17which, if committed by an adult, would be classified as:
18(A) Rape as defined in 18 Pa.C.S. § 3121.
27(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
28(G) Voluntary manslaughter.
118 Pa.C.S. §§ 901, 902 and 903.
9* * *
10Section 3. This act shall take effect in 180 days.