AN ACT

 

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.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 42 of the Pennsylvania Consolidated
9Statutes is amended by adding a chapter to read:

10CHAPTER 62<- 62A

11SEXUAL VIOLENCE VICTIM PROTECTION

12Sec.

<-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.

<-86213 62A13. Private criminal complaints for violation of order
<-9or agreement.

<-106214 62A14. Contempt for violation of order.

<-116215 62A15. Civil contempt or modification for violation of
12order <-or agreement.

<-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:

22(1) Sexual violence is the most heinous crime against a
23person other than murder.

24(2) Sexual violence inflicts humiliation, degradation
25and terror on the victim.

26(3) According to the Department of Justice, someone is
27sexually assaulted every two minutes in the United States.

28(4) Rape is recognized as one of the most underreported
29crimes, and studies indicate that only one in three rapes is
30reported to law enforcement.

1(5) Victims of sexual violence desire safety and
2protection from future interactions with their offender,
3regardless of whether they seek criminal prosecution.

4(6) This chapter provides the victim with a civil remedy
5requiring the offender to stay away from the victim, as well
6as other appropriate relief.

7§ <-6203 62A03. Definitions.

8The following words and phrases when used in this chapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

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.

18"Confidential communications." As defined in section 5945.1 
19(relating to confidential communications with sexual assault 
20counselors).

21"Coparticipant." As defined in section 5945.1 (relating to 
22confidential communications with sexual assault counselors).

23"Court." The court or magisterial district judge having 
24jurisdiction over the matter under and exercised as provided in 
25this title or as otherwise provided or prescribed by law.

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.

6"Master for emergency relief." A member of the bar of the
7Commonwealth appointed under section 6209(e)<- 62A09(e) (relating
8to emergency relief by minor judiciary).

9"Minor." An individual who is not an adult.

10"Plaintiff." An individual who applies for a protection
11order, either for the benefit of that individual or on behalf of
12another individual.

13"Protection order" or "order." A sexual violence victim 
14protection order issued under this chapter.

15"Rape crisis center." As defined in section 5945.1 (relating 
16to confidential communications with sexual assault counselors).

17"Sexual assault counselor." As defined in section 5945.1 
18(relating to confidential communications with sexual assault 
19counselors).

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
23household members:

<-2418 Pa.C.S. § 2709 (relating to harassment) where the
25conduct is committed by a person 18 years of age or older
26against a person under 18 years of age.

2718 Pa.C.S. § 2709.1 (relating to stalking) where the
28conduct is committed by a person 18 years of age or older
29against a person under 18 years of age.

3018 Pa.C.S. Ch. 31 (relating to sexual offenses)<-, except

118 Pa.C.S. §§ 3129 (relating to sexual intercourse with
2animal) and 3130 (relating to conduct relating to sex
3offenders).

418 Pa.C.S. § 4304 (relating to endangering welfare of
5children) if the offense involved sexual contact with the
6victim.

718 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of
8minors).

918 Pa.C.S. § 6312(b) (relating to sexual abuse of
10children).

1118 Pa.C.S. § 6318 (relating to unlawful contact with
12minor).

1318 Pa.C.S. § 6320 (relating to sexual exploitation of
14children).

15"Sheriff." The sheriff of a county or in a city of the first
16class, the chief or head of the police department.

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
27orders.

28(b) Notice of arrest.--The police department of each
29municipal corporation and the Pennsylvania State Police shall
30make reasonable efforts to notify any person protected by an

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).

<-13(2) With respect to orders issued under this chapter,
14the Statewide registry shall include, but need not be limited
15to, the following:

16(i) The names of the plaintiff and the victim, if
17the victim is not the same individual as the plaintiff.

18(ii) The name of other designated persons protected
19by the order under section 62A07(b) (relating to relief).

20(iii) The name and address of the defendant.

21(iv) The date the order was entered.

22(v) The date the order expires.

23(vi) The relief granted under section 62A07 and
24section 62A09 (relating to emergency relief by minor
25judiciary).

26(vii) The judicial district in which the order was
27entered.

28(viii) Where furnished, the Social Security number
29and date of birth of the defendant.

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.

10(4) The registry of the Pennsylvania State Police shall
11be available at all times to inform courts, dispatchers and
12law enforcement officers of any valid order involving any
13defendant.

14(5) Information contained in the Statewide registry
15relating to orders shall not be subject to access under the
16act of February 14, 2008 (P.L.6, No.3), known as the Right-
17to-Know Law.

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

1information to a law enforcement officer with intent to
2implicate another under this chapter commits an offense under 18
3Pa.C.S. § 4906 (relating to false reports to law enforcement
4authorities).

5(b) No prepayment of fees.--The petition shall be filed and
6service shall be made without the prepayment of fees.

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

1section 62A06 (relating to hearings), a surcharge of $100 shall
2be assessed against the defendant. All moneys received from
3surcharges shall be distributed in the following order of
4priority:

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).

10(2) Fifty dollars shall be retained by the county and
11shall be used to carry out the provisions of this chapter as
12follows:

13(i) Twenty-five dollars shall be used by the
14sheriff.

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.

25(d) Service.--

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
5days.

6(2) The petition and order shall be served upon the<-
7defendant.

8(3) Within two business days, the order shall be served
9upon the police department, sheriff and district attorney in
10the jurisdiction where the order was entered.

11(4) A certified copy of the order shall be issued to the
12plaintiff.

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).

18(6) A copy of the order shall be issued as otherwise
19ordered by the court or hearing officer.

<-20(2) (7) Failure to serve the police department, sheriff
21or district attorney's office shall not stay the effect of a
22valid order.

23(e) Assistance and advice to plaintiff.--The courts and
24hearing officers shall:

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.

29(2) Provide the plaintiff with written and oral
30referrals, in English and Spanish, to local sexual assault

1services, to the local legal services office and to the
2county bar association's lawyer referral service.

<-3(3) Provide the plaintiff with a certified copy of any
4protection order entered by the court.

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:

24(1) assert that the plaintiff or another individual, as
25appropriate, is a victim of sexual violence committed by the
26defendant; and

27(2) prove by preponderance of the evidence that the
28plaintiff or another individual, as appropriate, is at a
29continued risk of harm from the defendant.

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
14and hearing.

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
24defendant.

25(b) General rule.--<-A protection order or An order or a
26consent agreement may include:

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.<-

1This may include prohibiting indirect contact through third
2parties and also prohibiting direct or indirect contact with
3other designated persons.

4(2) Granting any other appropriate relief sought by the
5plaintiff.

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.--

12(1) An extension of <-a protection an order may be
13granted:

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
23victim.<-

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

1made in accordance with sections <-6205(d) 62A05(d) and 6208
262A08 (relating to service of orders).

3(3) There shall be no limitation <-section 62A05(d) on the
4number of extensions that may be granted.

<-5(3) There shall be no limitation on the number of
6extensions that may be granted.

7(e) Notice.--Notice shall be given to the defendant stating
8that violations of the <-protection order will subject the
9defendant to arrest under section <-6212 62A12 (relating to arrest
10for violation of order) or contempt of court under section <-6214
1162A14<- (relating to contempt for violation of order).

12(f) Incarceration.--When the defendant is or was
13incarcerated and will be released from custody in the next 90
14days or has been released from custody within the past 90 days,
15a plaintiff does not need to show that the defendant engaged in
16one or more acts that indicate <-a continued risk of harm to the
<-17plaintiff victim in order to obtain an extension or a subsequent
18protection order under this act.

<-19(g) Identifying information.--Any order issued under this
20chapter shall, when furnished by either party, specify the
21Social Security number and date of birth of the defendant.

22§ 6208. <-Service of orders.

23A copy of a protection order shall be issued to the
24plaintiff, the defendant, the sheriff and the police department
25with appropriate jurisdiction to enforce the order in accordance
26with the provisions of this chapter or as ordered by the court
27or hearing officer.

28§ 62A08. <-(Reserved).

29§ <-6209 62A09. Emergency relief by minor judiciary.

30(a) General rule.--When:

1(1) in counties with fewer than four judges, the court
2is unavailable:

3(i) from the close of business at the end of each
4day to the resumption of business the next morning;

5(ii) from the end of the business week to the
6beginning of the business week; and

7(iii) during the business day by reason of duties
8outside the county, illness or vacation;

9(2) in counties with at least four judges, the court is
10unavailable:

11(i) from the close of business at the end of each
12day to the resumption of business the next morning; and

13(ii) from the end of the business week to the
14beginning of the business week;

15a petition may be filed before a hearing officer who may grant
16relief in accordance with section <-6207 62A07 (relating to
17relief) if the hearing officer deems it necessary to protect the
18plaintiff <-victim upon good cause shown in an ex parte
19proceeding. Immediate and present danger <-to the plaintiff posed
20by the defendant to the victim shall constitute good cause for
21the purposes of this subsection.

22(b) Expiration of order.--<-A protection An order issued under
23subsection (a) shall expire at the end of the next business day
24the court deems itself available. The court shall schedule
25hearings on orders entered by hearing officers under subsection
26(a) and shall review and continue in effect protection orders<-
27that are necessary to protect the plaintiff <-or another
28individual, as appropriate, until the hearing, at which time the
29plaintiff may seek a temporary <-protection order from the court.

30(c) Certification of order to court.--An emergency

<-1protection order issued under this section and any documentation
2in support thereof shall be immediately certified to the court.
3The certification to the court shall have the effect of
4commencing proceedings under section <-6205 62A05 (relating to
5commencement of proceedings) and invoking the other provisions
6of this chapter. If it is not already alleged in a petition for
7an emergency order, the plaintiff shall file a verified
8statement setting forth the reasons for the need for protection
9at least five days prior to the hearing. Service of the verified
10statement shall be made subject to section 6205(d)<- 62A05(d).

11(d) Instructions regarding the commencement of
12proceedings.--Upon issuance of an emergency <-protection order,
13the hearing officer shall provide the plaintiff instructions
14regarding the commencement of proceedings in the court at the
15beginning of the next business day and regarding the procedures
16for initiating a contempt charge should the defendant violate
17the emergency <-protection order. The hearing officer shall also
18advise the plaintiff of the existence of rape crisis centers in
19the county or in nearby counties and inform the plaintiff of the
20availability of legal assistance without cost if the plaintiff
21is unable to pay for them.

22(e) Master of emergency relief.--The president judge of a
23court of common pleas of a judicial district may, with the
24approval of the Administrative Office of Pennsylvania Courts,
25provide for the selection and appointment of a master for
26emergency relief on a full-time or part-time basis. The number
27of masters for emergency relief shall be fixed by the president
28judge with the approval of the Administrative Office of
29Pennsylvania Courts. The compensation of a master for emergency
30relief shall be fixed and paid by the county.

1§ <-6210 62A10. Sexual assault counselor.

2A sexual assault counselor may accompany and provide
3assistance to a plaintiff in any legal proceeding or hearing
4under this chapter.

5§ <-6211 62A11. Disclosure of addresses.

6(a) General rule.--During the course of a proceeding under
7this chapter, the court or hearing officer may consider whether
8the plaintiff <-or victim, as appropriate, is endangered by
9disclosure of the permanent or temporary address of the
10plaintiff <-or victim. The court shall consider the wishes of the
11plaintiff regarding the disclosure of the address. Neither in
12the pleadings nor during proceedings or hearings under this
13chapter shall the court or hearing officer require disclosure of
14the address of a rape crisis center or the plaintiff <-or victim, 
15as appropriate.

16(b) Order.--Where the court concludes that the defendant
<-17poses a threat of continued danger to the plaintiff poses a
18continued risk of harm to the victim and where the plaintiff
19requests that the address, telephone number and information
20about the plaintiff's victim's whereabouts not be disclosed, the<-
21court shall enter an order directing that law enforcement
22agencies, human service agencies and school districts shall not
23disclose the presence of the <-plaintiff victim in the
24jurisdiction or district or furnish any address, telephone
25number or any other demographic information about the <-plaintiff
<-26victim except by further order of the court.

27§ <-6212 62A12. Arrest for violation of order.

28(a) General rule.--An arrest for a violation of <-a protection
29order or court-approved consent agreement an order issued under
30this chapter may be without warrant upon probable cause, whether

1or not the violation is committed in the presence of the police
2officer or sheriff, in circumstances where the defendant has
3violated a provision of <-a protection an order consistent with
4section 6207 <-62A07 (relating to relief). The police officer or
5sheriff may verify the existence of <-a protection an order by
6telephone, radio or other electronic communication with the
7appropriate police department<-, Pennsylvania State Police
8registry or issuing authority. A police officer or sheriff shall
9arrest a defendant for violating a protection an order by a<-
10court within the judicial district or issued by a court in
11another judicial district within this Commonwealth.

12(b) Procedure following arrest.--

13(1) Subsequent to an arrest, the defendant shall be
14taken by the police officer or sheriff without unnecessary
15delay before the court in the judicial district where the
16contempt is alleged to have occurred.

17(2) When that court is unavailable, the police officer
18or sheriff shall convey the defendant to a magisterial
19district judge designated as appropriate by local rules of
20court or, in counties of the first class, to the appropriate
21hearing officer.

22(c) Preliminary arraignment.--The defendant shall be
23afforded a preliminary arraignment without unnecessary delay.

24(d) Other emergency powers unaffected.--This section shall
25not be construed to in any way limit any of the other powers for
26emergency relief provided under this chapter.

27(e) Hearing.--<-An expedited A hearing shall be scheduled
28within ten business days of the filing of the charge or
29complaint of indirect criminal contempt. The hearing and any
30adjudication shall not preclude a hearing on other criminal

1charges underlying the contempt, nor shall a hearing or
2adjudication on other criminal charges preclude a hearing on a
3charge of indirect criminal contempt.

4§ <-6213 62A13. Private criminal complaints for violation of
5order <-or agreement.

6(a) General rule.--A plaintiff may file a private criminal
7complaint against a defendant, alleging indirect criminal
8contempt for a violation of any provision of <-a protection an
9order or court-approved consent agreement issued under this
10chapter, with the court, the office of the district attorney or
11the magisterial district judge in the jurisdiction or county
12where the violation occurred<-, except that in a county of the
13first class, a complaint may only be filed with the family
14division of the court of common pleas or the office of district
15attorney.

16(b) Procedure service.--

17(1) Procedure for filing and service of a private 
18criminal complaint shall be provided as set forth by local 
19rule.

20(2) Nothing in this subsection is intended to expand or
21diminish the court's authority to enter an order pursuant to
22Pa.R.C.P. No. 1023.1 (relating to <-scope. signing of
23documents. representations to the court. violation <-Scope.
24Signing of Documents. Representations to the Court.
25Violation).

26(c) Fees and costs.--

27(1) No fees or costs associated with the prosecution of
28the private criminal complaint shall be assigned to the
29plaintiff, including, but not limited to, filing, service,
30failure to prosecute, withdrawal or dismissal.

1(2) (i) After a finding of indirect criminal contempt,
2fees and costs may be assigned against the defendant.

3(ii) The court shall waive fees and costs imposed
4under this chapter upon a showing of good cause or if the
5court makes a finding that the defendant is not able to
6pay the costs associated with the indirect criminal
7contempt action.

8(3) Nothing in this subsection shall be construed to
9expand or diminish the court's authority to enter an order
10under Pa.R.C.P. No.1023.1 <-(relating to Scope. Signing of
11Documents. Representation to Court. Violation).

12§ <-6214 62A14. Contempt for violation of order.

13(a) General rule.--Where the police department, sheriff or
14the plaintiff has filed charges of indirect criminal contempt
15against a defendant for violation of <-a protection an order or
16court-approved <-consent agreement entered into under this
17chapter, the court may hold the defendant in indirect criminal
18contempt and punish the defendant in accordance with law.

19(b) Jurisdiction.--A court shall have jurisdiction over
20indirect criminal contempt charges for violation of a protection
21order in the county where the violation <-occurred and in the
22county where the order was granted.

23(c) Minor defendant.--Any defendant who is a minor and who 
24is charged with indirect criminal contempt for allegedly 
25violating a protection order shall be considered to have 
26committed an alleged delinquent act as that term is defined in 
27section 6302 (relating to definitions) and shall be treated as 
28provided in Chapter 63 (relating to juvenile matters).

29(d) Trial and punishment.--

30(1) Notwithstanding section 4136(a) (relating to rights

1of persons charged with certain indirect criminal contempts),
2the defendant shall not have the right to a jury trial on the 
3charge of indirect criminal contempt; however, the defendant
4shall be entitled to counsel.

5(2) A sentence for indirect criminal contempt under this
6act may include:

7(i) A fine of not less than $300 nor more than
8$1,000 or and imprisonment for a period not exceeding six<-
9months<-, or both.

10(ii) A fine of not less than $300 nor more than
11$1,000 <-or and supervised probation for a period not
12exceeding six months<-, or both.

13(iii) An order for any other relief provided for
14under this act.

15(3) Upon conviction for indirect criminal contempt and
16at the request of the plaintiff, the court shall also grant
17an extension of the protection order for an additional term.

18(4) Upon conviction for indirect criminal contempt, the
19court shall notify the sheriff of the jurisdiction which
20issued the protection order of the conviction.

<-21(5) All moneys received under this section shall be
22distributed in the following order of priority:

23(i) One hundred dollars shall be forwarded to the
24Commonwealth and shall be used by the Pennsylvania State
25Police to establish and maintain the Statewide registry
26of protection orders provided for in section 62A04(c)
27(relating to responsibilities of law enforcement
28agencies).

29(ii) One hundred dollars shall be retained by the
30county and shall be used to carry out the provisions of

1this chapter as follows:

2(A) Fifty dollars shall be used by the sheriff.

3(B) Fifty dollars shall be used by the court.

4(iii) One hundred dollars shall be forwarded to the
5Department of Public Welfare for use for victims of
6sexual assault in accordance with the provisions of
7section 2333 of the act of April 9, 1929 (P.L.177,
8No.175), known as The Administrative Code of 1929.

9(iv) Any additional money shall be distributed in
10the manner under subparagraph (i).

11(e) Notification upon release.--

12(1) The appropriate releasing authority or other
13official as designated by local rule shall use all reasonable
14means to notify the victim sufficiently in advance of the
15release of the offender from any incarceration imposed under
16subsection (d). Notification shall be required for work
17release, furlough, medical leave, community service,
18discharge, escape and recapture. Notification shall include
19the terms and conditions imposed on any temporary release
20from custody.

21(2) The plaintiff must keep the appropriate releasing
22authority or other official as designated by local rule
23advised of contact information; failure to do so will
24constitute waiver of any right to notification under this
25section.

26(f) Multiple remedies.--Disposition of a charge of indirect
27criminal contempt shall not preclude the prosecution of other
28criminal charges associated with the incident giving rise to the
29contempt, nor shall disposition of other criminal charges
30preclude prosecution of indirect criminal contempt associated

1with the criminal conduct giving rise to the charges.

2§ <-6215 62A15. Civil contempt or modification for violation of
3order <-or agreement.

4(a) General rule.--A plaintiff may file a petition for civil
5contempt with the issuing court alleging that the defendant has
6violated any provision of a protection an order or<-
7court-approved <-consent agreement entered into under this
8chapter.

9(b) Civil contempt order.--Upon finding of a violation of a
10protection order <-or court-approved consent agreement issued 
11under this chapter, the court, either pursuant to petition for
12civil contempt or on its own accord, may hold the defendant in
13civil contempt and constrain the defendant in accordance with
14law.

15(c) Sentencing.--A sentence for civil contempt under this
16chapter may include imprisonment until the defendant complies
17with provisions of the order or court-approved consent agreement<- 
18or demonstrates the intent to do so, but in no case shall a term
19of imprisonment under this section exceed a period of six
20months.

21(d) Jury trial and counsel.--Notwithstanding section 4136(a)
22(relating to rights of persons charged with certain indirect
23criminal contempts), the defendant shall not have a right to a
24jury trial; however, the defendant shall be entitled to counsel.

25§ <-6216 62A16. Confidentiality.

26(a) Nature of privilege.--

27(1) Unless a victim who consults a sexual assault
28counselor for the purpose of securing advice, counseling or
29assistance waives the privilege in a signed writing prior to
30testimony or disclosure, a sexual assault counselor or a

1coparticipant who is present during sexual assault counseling
2or advocacy shall not be competent nor permitted to testify,
3release the records of or to otherwise disclose confidential
4communications made to or by the counselor by or to the
5victim. <-The privilege shall terminate upon the death of the
6victim.

7(2) Neither the sexual assault counselor nor the victim 
8shall waive the privilege of confidential communications by 
9reporting facts of physical or sexual violence under 23 
10Pa.C.S. Ch. 63 (relating to child protective services), a 
11Federal or State mandatory reporting statute or a local 
12mandatory reporting ordinance.

13(b) Scope.--The provisions of this section applicable to the
14victim shall also apply to a person who seeks advice, counseling
15or assistance from a sexual assault counselor regarding the
16victim.

17§ <-6217 62A17. Procedure and other remedies.

<-18(a) General rule.--Unless otherwise indicated under this
19chapter, a proceeding under this chapter shall be in accordance
20with applicable general rules and shall be in addition to any
21other available civil or criminal remedies. The plaintiff and
22the defendant may seek modification of a protection order issued
23under section <-6207 62A07 (relating to relief) at any time during
24the pendency of the order. <-Modification Except as otherwise
25provided in this chapter, modification may be ordered after the
26filing of a petition for modification, service of the petition,
27and a hearing on the petition.

<-28(b) Remedies for bad faith.--Notwithstanding any other
29provision of law, upon finding that an individual commenced a
30proceeding under this chapter in bad faith, a court shall direct

1the individual to pay to the defendant actual damages and
2reasonable attorney fees. Failure to prove an allegation of
3continued risk of harm by a preponderance of the evidence shall
4not, by itself, result in a finding of bad faith.

5§ <-6218 62A18. Applicability.

6The provisions of the following acts relating to victims who 
7are protected by an order issued under 23 Pa.C.S. Ch. 61 
8(relating to protection from abuse)<- shall apply also to victims 
9who are protected by an order issued under this chapter:

10(1) The act of November 24, 1998 (P.L.882, No.111), 
11known as the Crime Victims Act.

12(2) 23 Pa.C.S. Ch. 67 (relating to domestic and sexual
13violence victim address confidentiality).

<-14§ 62A19. Inability to pay.

15(a) Order for installment payments.--Upon plea and proof
16that a person is without the financial means to pay a fine, a
17fee or a cost, a court may order payment of money owed in
18installments appropriate to the circumstances of the person and
19shall fix the amounts, times and manner of payment.

20(b) Electronic payment.--The treasurer of each county may
21allow the use of credit cards and bank cards in the payment of
22money owed under this chapter.

23§ 62A20. Construction.

24Nothing in this chapter shall be construed to preclude an
25action for wrongful use of civil process in accordance with
26Subchapter E of Chapter 83 (relating to wrongful use of civil
27proceedings) or criminal prosecution for a violation of 18
28Pa.C.S. Ch. 49 (relating to falsification and intimidation).

29Section 2. The definition of "delinquent act" in section 
306302 of Title 42 is amended to read:

1§ 6302. Definitions.

2The following words and phrases when used in this chapter
3shall have, unless the context clearly indicates otherwise, the
4meanings given to them in this section:

5* * *

6"Delinquent act."

7(1) The term means an act designated a crime under the 
8law of this Commonwealth, or of another state if the act 
9occurred in that state, or under Federal law, or under local 
10ordinances or an act which constitutes indirect criminal 
11contempt under Ch. 62 <-62A (relating to sexual violence victim 
12protection) or 23 Pa.C.S. Ch. 61 (relating to protection from 
13abuse).

14(2) The term shall not include:

15(i) The crime of murder.

16(ii) Any of the following prohibited conduct where
17the child was 15 years of age or older at the time of the
18alleged conduct and a deadly weapon as defined in 18
19Pa.C.S. § 2301 (relating to definitions) was used during
20the commission of the offense which, if committed by an
21adult, would be classified as:

22(A) Rape as defined in 18 Pa.C.S. § 3121
23(relating to rape).

24(B) Involuntary deviate sexual intercourse as
25defined in 18 Pa.C.S. § 3123 (relating to involuntary
26deviate sexual intercourse).

27(C) Aggravated assault as defined in 18 Pa.C.S.
28§ 2702(a)(1) or (2) (relating to aggravated assault).

29(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
30(1)(i), (ii) or (iii) (relating to robbery).

1(E) Robbery of motor vehicle as defined in 18
2Pa.C.S. § 3702 (relating to robbery of motor
3vehicle).

4(F) Aggravated indecent assault as defined in 18
5Pa.C.S. § 3125 (relating to aggravated indecent
6assault).

7(G) Kidnapping as defined in 18 Pa.C.S. § 2901
8(relating to kidnapping).

9(H) Voluntary manslaughter.

10(I) An attempt, conspiracy or solicitation to
11commit murder or any of these crimes as provided in
1218 Pa.C.S. §§ 901 (relating to criminal attempt), 902
13(relating to criminal solicitation) and 903 (relating
14to criminal conspiracy).

15(iii) Any of the following prohibited conduct where
16the child was 15 years of age or older at the time of the
17alleged conduct and has been previously adjudicated
18delinquent of any of the following prohibited conduct
19which, if committed by an adult, would be classified as:

20(A) Rape as defined in 18 Pa.C.S. § 3121.

21(B) Involuntary deviate sexual intercourse as
22defined in 18 Pa.C.S. § 3123.

23(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
24(1)(i), (ii) or (iii).

25(D) Robbery of motor vehicle as defined in 18
26Pa.C.S. § 3702.

27(E) Aggravated indecent assault as defined in 18
28Pa.C.S. § 3125.

29(F) Kidnapping as defined in 18 Pa.C.S. § 2901.

30(G) Voluntary manslaughter.

1(H) An attempt, conspiracy or solicitation to
2commit murder or any of these crimes as provided in
318 Pa.C.S. §§ 901, 902 and 903.

4(iv) Summary offenses, unless the child fails to
5comply with a lawful sentence imposed thereunder, in
6which event notice of such fact shall be certified to the
7court.

8(v) A crime committed by a child who has been found
9guilty in a criminal proceeding for other than a summary
10offense.

11* * *

12Section 3. This act shall take effect <-in 180 days July 1, 
132015.