PRIOR PRINTER'S NOS. 660, 1150, 1592,
PRINTER'S NO. 1812
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 11, 2014
1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for the
3protection of victims of sexual violence <-or intimidation, for
4duties of law enforcement agencies, for procedure and for
5penalties; and, in juvenile matters, further providing for
11CHAPTER 62<- 62A
<-12SEXUAL VIOLENCE VICTIM PROTECTION
<-13PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR
<-166201 62A01. Scope of chapter.
<-176202 62A02. Findings and purpose.
<-16203 62A03. Definitions.
<-26204 62A04. Responsibilities of law enforcement agencies.
<-36205 62A05. Commencement of proceedings.
<-46206 62A06. Hearings.
56207 62A07. Relief.<-
66208 62A08. <-Service of orders. (Reserved).
<-76209 62A09. Emergency relief by minor judiciary.
<-86210 62A10. Sexual assault counselor.
<-96211 62A11. Disclosure of addresses.
<-106212 62A12. Arrest for violation of order.
<-136214 62A14. Contempt for violation of order.
<-166216 62A16. Confidentiality.
<-176217 62A17. Procedure and other remedies.
<-186218 62A18. Applicability.
<-196219 62A19. Inability to pay.
<-206620 62A20. Construction.
21§ <-6201 62A01. Scope of chapter.
24§ 6102<- 62A02. Findings and purpose.
25The General Assembly finds and declares that:
30(3) According to the Department of Justice, someone is
1sexually assaulted every two minutes in the United States.
12§ <-6203 62A03. Definitions.
16"Adult." An individual who is 18 years of age or older.
17"Certified copy." A paper copy of the original order of the
18issuing court endorsed by the appropriate clerk of that court or
19an electronic copy of the original order of the issuing court
20endorsed with a digital signature of the judge or appropriate
21clerk of that court, regardless of whether or not there is a
22raised seal on the copy of the order of the issuing court.
1"Family or household members." Spouses or persons who have
2been spouses, persons living as spouses or who lived as spouses,
3parents and children, other persons related by consanguinity or
4affinity, current or former sexual or intimate partners or
5persons who share biological parenthood.
6"Hearing officer." A magisterial district judge, judge of
7the Philadelphia Municipal Court, bail commissioner appointed
8under section 1123 (relating to jurisdiction and venue) <-or,
9master appointed under section 1126 (relating to masters) or<-
10master for emergency relief.
23"Minor." An individual who is not an adult.
30"Rape crisis center." As defined in section 5945.1 (relating
1to confidential communications with sexual assault counselors).
5"Sexual violence." Conduct constituting a crime under any of
6the following provisions of <-Title 18 18 Pa.C.S. (relating to
7crimes and offenses) between persons who are not family or
1518 Pa.C.S. Ch. 31 (relating to sexual offenses)<-, except
30"Sheriff." The sheriff of a county or in a city of the first
1class, the chief or head of the police department.
4§ <-6204 62A04. Responsibilities of law enforcement agencies.
5(a) General rule.--The police department of each municipal
6corporation, the Pennsylvania State Police and the sheriff of
7each county shall ensure that all their officers, deputies and
8employees are familiar with the provisions of this chapter.
9Instruction concerning <-sexual violence victim protection orders
10shall be made a part of the training curriculum for all trainee
11officers and deputies. All law enforcement agencies shall adopt
12a written policy regarding <-sexual violence victim protection
13orders <-issued under this chapter.
14(b) Notice of arrest.--The police department of each
15municipal corporation and the Pennsylvania State Police shall
16make reasonable efforts to notify any person protected by an
17order issued under this chapter of the arrest of the defendant
18for violation of an order as soon as possible. Unless the person
19cannot be located, notice of the arrest shall be provided not
20more than 24 hours after preliminary arraignment.
<-21(c) Statewide registry.--A record and index of all valid
<-22(c) Statewide registry.--
23(1) A complete and systematic record and index of all
24valid temporary and final court orders of protection orders<-
25issued under this chapter shall be entered and maintained in
26the database established and maintained by the Pennsylvania
27State Police pursuant to 23 Pa.C.S. § 6105(e) (relating to
28responsibilities of law enforcement agencies).
1to, the following:
6(iii) The name and address of the defendant.
7(iv) The date the order was entered.
8(v) The date the order expires.
16(3) The prothonotary shall send, on a form prescribed by
17the Pennsylvania State Police, a copy of an order to the
18Statewide registry so that it is received within 24 hours of
19the entry of the order. An amendment to or revocation of an
20order shall be transmitted by the prothonotary within 24
21hours of the entry of the order for modification or
22revocation. The Pennsylvania State Police shall enter orders,
23amendments and revocations in the Statewide registry within
24eight hours of receipt. Vacated or expired orders shall be
25purged from the registry.
30(5) Information contained in the Statewide registry
4§ <-6205 62A05. Commencement of proceedings.
5(a) General rule.--<-An action for a sexual violence victim
6protection order may be commenced by filing a petition with the
7court requesting protection from the defendant. An adult or
8emancipated minor may seek relief under this chapter for that
9person or any parent, adult household member or guardian ad
10litem may seek relief under this chapter on behalf of a minor
11child or the guardian of the person of an adult who has been
12declared incapacitated under 20 Pa.C.S. Ch. 55 (relating to
13incapacitated persons) may seek relief on behalf of an
14incapacitated adult<-, by filing a petition with the court
15alleging the need for protection from the defendant <-with respect
16to sexual violence or intimidation.
17(a.1) False reports.--A person who knowingly gives false
18information to a law enforcement officer with intent to
19implicate another under this chapter commits an offense under 18
20Pa.C.S. § 4906 (relating to false reports to law enforcement
24(c) Assessment of fees and costs.--
25(1) (i) No plaintiff seeking relief under this chapter
26shall be charged any fees or costs associated with the
27filing, issuance, registration or service of a petition,
28motion, complaint, order or any other filing. Prohibited
29fees or costs shall include, but are not limited to,
30those associated with modifying, withdrawing, dismissing
4(ii) No plaintiff seeking relief under this chapter
5shall be charged any fees or costs associated with filing
6a motion for reconsideration or an appeal from any order
7or action taken under this chapter.
8(2) When an order is granted under this chapter, fees
9and costs shall be assessed against the defendant. The court
10shall waive fees and costs upon a showing of good cause or
11when the court makes a finding that the defendant is not able
12to pay the fees and costs.
13(3) Nothing in this section is intended to expand or
14diminish the court's authority to enter an order under
15Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of
16Documents. Representations to the Court. Violation).
<-17(c.1) Surcharge on order.--When an order is granted under
18section 62A06 (relating to hearings), a surcharge of $100 shall
19be assessed against the defendant. All moneys received from
20surcharges shall be distributed in the following order of
22(1) Twenty-five dollars shall be forwarded to the
23Commonwealth and shall be used by the Pennsylvania State
24Police to establish and maintain the Statewide registry of
25protection orders provided for in section 62A04(c) (relating
26to relating to responsibilities of law enforcement agencies).
30(i) Twenty-five dollars shall be used by the
2(ii) Twenty-five dollars shall be used by the court.
3(3) Twenty-five dollars shall be forwarded to the
4Department of Public Welfare for use for victims of sexual
5assault in accordance with the provisions of section 2333 of
6the act of April 9, 1929 (P.L.177, No.175), known as The
7Administrative Code of 1929.
8(4) The surcharge allocated under paragraphs (1) and (3)
9shall be used to supplement and not to supplant any other
10source of funds received for the purpose of carrying out the
11provisions of this chapter.
13(1) The court shall adopt a means of prompt and
14effective service. If the court so orders, the sheriff or
15another court-designated agency or individual shall serve the
16petition and protection order. Under no circumstances shall
17the plaintiff be obligated to serve the petition or
18protection order.<- The petition and protection order shall be
19served upon the defendant, and the order shall be served upon
20the police departments, sheriff and district attorney in the
21jurisdiction where the order was entered within two business
30(5) In the case of a minor victim <-of sexual violence, a
1copy of the petition and order shall be served upon the
2county agency and the Department of Public Welfare. For
3purposes of this subparagraph, the term "county agency" shall
4be as defined in 23 Pa.C.S. 6303 (relating to definitions).
12(1) Provide simplified forms and clerical assistance in
13English and Spanish to help with the writing and filing of
14the petition for <-a sexual violence protection an order for an
15individual not represented by counsel.
16(2) Provide the plaintiff with written and oral
17referrals, in English and Spanish, to local sexual assault
18services<-, in the case of sexual violence and to the local
19legal services office and to the county bar association's
20lawyer referral service <-in the case of sexual violence or
24(f) Effect of departure and nonresidence.--The right of the
25plaintiff to relief under this chapter shall not be affected by
26the defendant's absence from this Commonwealth or the
27defendant's nonresidence in this Commonwealth, provided that the
28court has personal jurisdiction over the defendant in accordance
29with section 5322 (relating to bases of personal jurisdiction
30over persons outside this Commonwealth).
1§ <-6206 62A06. Hearings.
2(a) General rule.--Within ten business days of the filing of
<-3a petition under this chapter, an expedited hearing shall be
4held before the court, at which the plaintiff must assert that
5the plaintiff or the person on whose behalf the petition is
6brought is a victim of sexual violence committed by the
7defendant and must prove the need for protection from the
8defendant by a preponderance of the evidence. The court shall,
9at the time the defendant is given notice of the hearing, advise
10the defendant of the right to be represented by counsel. <-a
11petition under this chapter, a hearing shall be held before the
12court, where the plaintiff must:
19(a.1) Right to counsel.--The court shall, at the time the
20defendant is given notice of the hearing, advise the defendant
21of the right to be represented by counsel. The notice shall be
22printed and delivered in a manner that easily attracts attention
23to its contents.
24(b) Temporary orders.--If a <-petitioner seeks a temporary
25protection order <-plaintiff seeks a temporary order for
26protection from an immediate and present danger, the court shall
27conduct an ex parte proceeding. The court may enter <-such a
28temporary order as it deems necessary to protect the plaintiff
29or another individual, as appropriate, when it finds the<-
30plaintiff <-or another individual is in immediate and present
4(c) Continued hearings.--<-The court may grant a continuance
5of the hearing for good cause shown by either party. If a
6hearing under subsection (a) is continued and no temporary
<-7protection order is issued, the court may make ex parte
8temporary orders under subsection (b), as it deems necessary.
9§ <-6207 62A07. Relief.
10(a) Order or consent agreement.--The court may issue <-a
11protection <-an order or approve a consent agreement to protect
12the plaintiff <-or another individual, as appropriate, from the
16(1) Prohibiting the defendant from having any contact
17with the <-plaintiff victim, including, but not limited to,
18restraining the defendant from entering the <-plaintiff's
19victim's residence, place of employment, business or school.<-
20This may include prohibiting indirect contact through third
21parties and also prohibiting direct or indirect contact with
22other designated persons.
25(c) Duration and amendment of order or agreement.--A
26protection order or an approved consent agreement shall be for a
27fixed period of time not to exceed 36 months. The court may
28amend its order or agreement at any time upon subsequent
29petition filed by either party.
30(d) Extension of protection orders.--
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<-
662A<-05 (relating to commencement of proceedings) and 6206
762A06 (relating to hearings), <-that the protection finds
8that the extension is necessary because the defendant
9engaged in one or more acts or <-finds some other
10circumstances that, in the discretion of the court,
11demonstrate a continued risk of harm to the <-plaintiff
13(ii) When a contempt petition or charge has been
14filed with the court or, in a county of the first class,
15a hearing officer, but the hearing has not occurred
16before the expiration of the protection order, the order
17shall be extended, at a minimum, until the disposition of
18the contempt petition.
26(e) Notice.--Notice shall be given to the defendant stating
27that violations of the <-protection order will subject the
28defendant to arrest under section <-6212 62A12 (relating to arrest
29for violation of order) or contempt of court under section <-6214
3062A14<- (relating to contempt for violation of order).
1(f) Incarceration.--When the defendant is or was
2incarcerated and will be released from custody in the next 90
3days or has been released from custody within the past 90 days,
4a plaintiff does not need to show that the defendant engaged in
5one or more acts that indicate <-a continued risk of harm to the
<-6plaintiff victim in order to obtain an extension or a subsequent
7protection order under this <-act chapter.
11§ 6208. <-Service of orders.
12A copy of a protection order shall be issued to the
13plaintiff, the defendant, the sheriff and the police department
14with appropriate jurisdiction to enforce the order in accordance
15with the provisions of this chapter or as ordered by the court
16or hearing officer.
17§ 62A08. <-(Reserved).
18§ <-6209 62A09. Emergency relief by minor judiciary.
19(a) General rule.--When:
30(i) from the close of business at the end of each
1day to the resumption of business the next morning; and
4a petition may be filed before a hearing officer who may grant
5relief in accordance with section <-6207 62A07 (relating to
6relief) if the hearing officer deems it necessary to protect the
7plaintiff <-victim upon good cause shown in an ex parte
8proceeding. Immediate and present danger <-to the plaintiff posed
9by the defendant to the victim shall constitute good cause for
10the purposes of this subsection.
11(b) Expiration of order.--<-A protection An order issued under
12subsection (a) shall expire at the end of the next business day
13the court deems itself available. The court shall schedule
14hearings on orders entered by hearing officers under subsection
15(a) and shall review and continue in effect protection orders<-
16that are necessary to protect the plaintiff <-or another
17individual, as appropriate, until the hearing, at which time the
18plaintiff may seek a temporary <-protection order from the court.
19(c) Certification of order to court.--An emergency
<-20protection order issued under this section and any documentation
21in support thereof shall be immediately certified to the court.
22The certification to the court shall have the effect of
23commencing proceedings under section <-6205 62A05 (relating to
24commencement of proceedings) and invoking the other provisions
25of this chapter. If it is not already alleged in a petition for
26an emergency order, the plaintiff shall file a verified
27statement setting forth the reasons for the need for protection
28at least five days prior to the hearing. Service of the verified
29statement shall be made subject to section 6205(d)<- 62A05(d).
30(d) Instructions regarding the commencement of
1proceedings.--Upon issuance of an emergency <-protection order,
2the hearing officer shall provide the plaintiff instructions
3regarding the commencement of proceedings in the court at the
4beginning of the next business day and regarding the procedures
5for initiating a contempt charge should the defendant violate
6the emergency <-protection order. The hearing officer shall also
7advise the plaintiff of the existence of rape crisis centers in
8the county or in nearby counties <-in the case of sexual violence
9and inform the plaintiff of the availability of legal assistance
10without cost if the plaintiff is unable to pay for them <-in the
11case of sexual violence or intimidation.
12(e) Master of emergency relief.--The president judge of a
13court of common pleas of a judicial district may, with the
14approval of the Administrative Office of Pennsylvania Courts,
15provide for the selection and appointment of a master for
16emergency relief on a full-time or part-time basis. The number
17of masters for emergency relief shall be fixed by the president
18judge with the approval of the Administrative Office of
19Pennsylvania Courts. The compensation of a master for emergency
20relief shall be fixed and paid by the county.
21§ <-6210 62A10. Sexual assault counselor.
25§ <-6211 62A11. Disclosure of addresses.
26(a) General rule.--During the course of a proceeding under
27this chapter, the court or hearing officer may consider whether
28the plaintiff <-or victim, as appropriate, is endangered by
29disclosure of the permanent or temporary address of the
30plaintiff <-or victim. The court shall consider the wishes of the
1plaintiff regarding the disclosure of the address. Neither in
2the pleadings nor during proceedings or hearings under this
3chapter shall the court or hearing officer require disclosure of
4the address of a rape crisis center or the plaintiff <-or victim,
6(b) Order.--Where the court concludes that the defendant
<-7poses a threat of continued danger to the plaintiff poses a
8continued risk of harm to the victim and where the plaintiff
9requests that the address, telephone number and information
10about the plaintiff's victim's whereabouts not be disclosed, the<-
11court shall enter an order directing that law enforcement
12agencies, human service agencies and school districts shall not
13disclose the presence of the <-plaintiff victim in the
14jurisdiction or district or furnish any address, telephone
15number or any other demographic information about the <-plaintiff
<-16victim except by further order of the court.
17§ <-6212 62A12. Arrest for violation of order.
18(a) General rule.--An arrest for a violation of <-a protection
19order or court-approved consent agreement an order issued under
20this chapter may be without warrant upon probable cause, whether
21or not the violation is committed in the presence of the police
22officer or sheriff, in circumstances where the defendant has
23violated a provision of <-a protection an order consistent with
24section 6207 <-62A07 (relating to relief). The police officer or
25sheriff may verify the existence of <-a protection an order by
26telephone, radio or other electronic communication with the
27appropriate police department<-, Pennsylvania State Police
28registry or issuing authority. A police officer or sheriff shall
29arrest a defendant for violating a protection an order by a<-
30court within the judicial district or issued by a court in
1another judicial district within this Commonwealth.
2(b) Procedure following arrest.--
3(1) Subsequent to an arrest, the defendant shall be
4taken by the police officer or sheriff without unnecessary
5delay before the court in the judicial district where the
6contempt is alleged to have occurred.
7(2) When that court is unavailable, the police officer
8or sheriff shall convey the defendant to a magisterial
9district judge designated as appropriate by local rules of
10court or, in counties of the first class, to the appropriate
17(e) Hearing.--<-An expedited A hearing shall be scheduled
18within ten business days of the filing of the charge or
19complaint of indirect criminal contempt. The hearing and any
20adjudication shall not preclude a hearing on other criminal
21charges underlying the contempt, nor shall a hearing or
22adjudication on other criminal charges preclude a hearing on a
23charge of indirect criminal contempt.
26(a) General rule.--A plaintiff may file a private criminal
27complaint against a defendant, alleging indirect criminal
28contempt for a violation of any provision of <-a protection an
29order or court-approved consent agreement issued under this
30chapter, with the court, the office of the district attorney or
1the magisterial district judge in the jurisdiction or county
2where the violation occurred<-, except that in a county of the
3first class, a complaint may only be filed with the family
4division of the court of common pleas or the office of district
6(b) Procedure service.--
10(2) Nothing in this subsection is intended to expand or
11diminish the court's authority to enter an order pursuant to
12Pa.R.C.P. No. 1023.1 (relating to <-scope. signing of
13documents. representations to the court. violation <-Scope.
14Signing of Documents. Representations to the Court.
16(c) Fees and costs.--
17(1) No fees or costs associated with the prosecution of
18the private criminal complaint shall be assigned to the
19plaintiff, including, but not limited to, filing, service,
20failure to prosecute, withdrawal or dismissal.
23(ii) The court shall waive fees and costs imposed
24under this chapter upon a showing of good cause or if the
25court makes a finding that the defendant is not able to
26pay the costs associated with the indirect criminal
1Documents. Representation to Court. Violation).
2§ <-6214 62A14. Contempt for violation of order.
3(a) General rule.--Where the police department, sheriff or
4the plaintiff has filed charges of indirect criminal contempt
5against a defendant for violation of <-a protection an order or
6court-approved <-consent agreement entered into under this
7chapter, the court may hold the defendant in indirect criminal
8contempt and punish the defendant in accordance with law.
9(b) Jurisdiction.--A court shall have jurisdiction over
10indirect criminal contempt charges for violation of a protection
11order in the county where the violation <-occurred and in the
12county where the order was granted.
13(c) Minor defendant.--Any defendant who is a minor and who
14is charged with indirect criminal contempt for allegedly
15violating a protection order <-related to sexual violence shall be
16considered to have committed an alleged delinquent act as that
17term is defined in section 6302 (relating to definitions) and
18shall be treated as provided in Chapter 63 (relating to juvenile
20(d) Trial and punishment.--
21(1) Notwithstanding section 4136(a) (relating to rights
22of persons charged with certain indirect criminal contempts),
23the defendant shall not have the right to a jury trial on the
24charge of indirect criminal contempt; however, the defendant
25shall be entitled to counsel.
14(i) One hundred dollars shall be forwarded to the
15Commonwealth and shall be used by the Pennsylvania State
16Police to establish and maintain the Statewide registry
17of protection orders provided for in section 62A04(c)
18(relating to responsibilities of law enforcement
23(A) Fifty dollars shall be used by the sheriff.
24(B) Fifty dollars shall be used by the court.
25(iii) One hundred dollars shall be forwarded to the
26Department of Public Welfare for use for victims of
27sexual assault in accordance with the provisions of
28section 2333 of the act of April 9, 1929 (P.L.177,
29No.175), known as The Administrative Code of 1929.
30(iv) Any additional money shall be distributed in
1the manner under subparagraph (i).
2(e) Notification upon release.--
3(1) The appropriate releasing authority or other
4official as designated by local rule shall use all reasonable
5means to notify the victim sufficiently in advance of the
6release of the offender from any incarceration imposed under
7subsection (d). Notification shall be required for work
8release, furlough, medical leave, community service,
9discharge, escape and recapture. Notification shall include
10the terms and conditions imposed on any temporary release
12(2) The plaintiff must keep the appropriate releasing
13authority or other official as designated by local rule
14advised of contact information; failure to do so will
15constitute waiver of any right to notification under this
17(f) Multiple remedies.--Disposition of a charge of indirect
18criminal contempt shall not preclude the prosecution of other
19criminal charges associated with the incident giving rise to the
20contempt, nor shall disposition of other criminal charges
21preclude prosecution of indirect criminal contempt associated
22with the criminal conduct giving rise to the charges.
25(a) General rule.--A plaintiff may file a petition for civil
26contempt with the issuing court alleging that the defendant has
27violated any provision of a protection an order or<-
28court-approved <-consent agreement entered into under this
30(b) Civil contempt order.--Upon finding of a violation of a
1protection order <-or court-approved consent agreement issued
2under this chapter, the court, either pursuant to petition for
3civil contempt or on its own accord, may hold the defendant in
4civil contempt and constrain the defendant in accordance with
6(c) Sentencing.--A sentence for civil contempt under this
7chapter may include imprisonment until the defendant complies
8with provisions of the order or court-approved consent agreement<-
9or demonstrates the intent to do so, but in no case shall a term
10of imprisonment under this section exceed a period of six
12(d) Jury trial and counsel.--Notwithstanding section 4136(a)
13(relating to rights of persons charged with certain indirect
14criminal contempts), the defendant shall not have a right to a
15jury trial; however, the defendant shall be entitled to counsel.
16§ <-6216 62A16. Confidentiality.
17(a) Nature of privilege.--
18(1) Unless a victim <-of sexual violence who consults a
19sexual assault counselor for the purpose of securing advice,
20counseling or assistance waives the privilege in a signed
21writing prior to testimony or disclosure, a sexual assault
22counselor or a coparticipant who is present during sexual
23assault counseling or advocacy shall not be competent nor
24permitted to testify, release the records of or to otherwise
25disclose confidential communications made to or by the
26counselor by or to the victim. <-The privilege shall terminate
27upon the death of the victim.
4(b) Scope.--The provisions of this section applicable to the
5victim <-of sexual violence shall also apply to a person who seeks
6advice, counseling or assistance from a sexual assault counselor
7regarding the victim.
8§ <-6217 62A17. Procedure and other remedies.
<-9(a) General rule.--Unless otherwise indicated under this
10chapter, a proceeding under this chapter shall be in accordance
11with applicable general rules and shall be in addition to any
12other available civil or criminal remedies. The plaintiff and
13the defendant may seek modification of a protection order issued
14under section <-6207 62A07 (relating to relief) at any time during
15the pendency of the order. <-Modification Except as otherwise
16provided in this chapter, modification may be ordered after the
17filing of a petition for modification, service of the petition,
18and a hearing on the petition.
<-19(b) Remedies for bad faith.--Notwithstanding any other
20provision of law, upon finding that an individual commenced a
21proceeding under this chapter in bad faith, a court shall direct
22the individual to pay to the defendant actual damages and
23reasonable attorney fees. Failure to prove an allegation of
24continued risk of harm by a preponderance of the evidence shall
25not, by itself, result in a finding of bad faith.
26§ <-6218 62A18. Applicability.
27The provisions of the following acts relating to victims who
28are protected by an order issued under 23 Pa.C.S. Ch. 61
29(relating to protection from abuse)<- shall apply also to victims
30who are protected by an order issued under this chapter:
<-5§ 62A19. Inability to pay.
6(a) Order for installment payments.--Upon plea and proof
7that a person is without the financial means to pay a fine, a
8fee or a cost, a court may order payment of money owed in
9installments appropriate to the circumstances of the person and
10shall fix the amounts, times and manner of payment.
14§ 62A20. Construction.
15Nothing in this chapter shall be construed to preclude an
16action for wrongful use of civil process in accordance with
17Subchapter E of Chapter 83 (relating to wrongful use of civil
18proceedings) or criminal prosecution for a violation of 18
19Pa.C.S. Ch. 49 (relating to falsification and intimidation).
22§ 6302. Definitions.
26* * *
1ordinances or an act which constitutes indirect criminal
2contempt under Ch. 62 <-62A (relating to sexual violence victim
3protection) <-(relating to protection of victims of sexual
4violence or intimidation) with respect to sexual violence or
523 Pa.C.S. Ch. 61 (relating to protection from abuse).
6(2) The term shall not include:
7(i) The crime of murder.
8(ii) Any of the following prohibited conduct where
9the child was 15 years of age or older at the time of the
10alleged conduct and a deadly weapon as defined in 18
11Pa.C.S. § 2301 (relating to definitions) was used during
12the commission of the offense which, if committed by an
13adult, would be classified as:
1(H) Voluntary manslaughter.
2(I) An attempt, conspiracy or solicitation to
3commit murder or any of these crimes as provided in
418 Pa.C.S. §§ 901 (relating to criminal attempt), 902
5(relating to criminal solicitation) and 903 (relating
6to criminal conspiracy).
7(iii) Any of the following prohibited conduct where
8the child was 15 years of age or older at the time of the
9alleged conduct and has been previously adjudicated
10delinquent of any of the following prohibited conduct
11which, if committed by an adult, would be classified as:
12(A) Rape as defined in 18 Pa.C.S. § 3121.
21(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
22(G) Voluntary manslaughter.
30(v) A crime committed by a child who has been found
3* * *