PRINTER'S NO. 1491
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1247
Session of
2017
INTRODUCED BY STURLA, KINSEY, SOLOMON, D. COSTA, V. BROWN,
SCHLOSSBERG, DAVIS, DeLUCA, READSHAW, McNEILL, DONATUCCI AND
THOMAS, APRIL 19, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 19, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for commencement of proceedings and for relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6106(h) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 6106. Commencement of proceedings.
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(h) Assistance and advice to plaintiff.--The courts and
hearing officers shall:
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(3) Provide a law enforcement officer, the sheriff or
another designated individual to accompany the plaintiff to
the plaintiff's residence before or while the petition or
order is being served if the plaintiff avers that this
assistance is necessary to protect the plaintiff's safety.
Section 2. Section 6108(a)(7)(iv) of Title 23 is amended and
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the section is amended by adding a subsection to read:
§ 6108. Relief.
(a) General rule.--The court may grant any protection order
or approve any consent agreement to bring about a cessation of
abuse of the plaintiff or minor children. The order or agreement
may include:
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(7) Ordering the defendant to temporarily relinquish to
the sheriff the defendant's other weapons and ammunition
which have been used or been threatened to be used in an
incident of abuse against the plaintiff or the minor children
and the defendant's firearms and prohibiting the defendant
from acquiring or possessing any firearm for the duration of
the order and requiring the defendant to relinquish to the
sheriff any firearm license issued under section 6108.3
(relating to relinquishment to third party for safekeeping)
or 18 Pa.C.S. § 6106 (relating to firearms not to be carried
without a license) or 6109 (relating to licenses) the
defendant may possess. A copy of the court's order shall be
transmitted to the chief or head of the police force or
police department of the municipality and to the sheriff of
the county of which the defendant is a resident. When
relinquishment is ordered, the following shall apply:
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(iv) Unless the defendant has complied with
subparagraph (i)(B) or section 6108.2 or 6108.3, if the
defendant fails to relinquish any firearm, other weapon,
ammunition or firearm license within 24 hours or upon the
close of the next business day due to closure of
sheriffs' offices or within the time ordered by the court
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upon cause being shown at the hearing, the sheriff shall,
at a minimum, provide immediate notice to the court, the
plaintiff and appropriate law enforcement agencies. The
court may issue an order directing a law enforcement
agency to search for and seize the defendant's firearms
upon a showing by the petitioner that the respondent has
possession of a firearm and:
(A) the defendant denies the existence of
firearms, weapons or ammunition;
(B) the petitioner can describe with sufficient
particularity the type and location of the firearms;
and
(C) the respondent has used or threatened to use
a firearm against the petitioner or the petitioner
expresses a fear that the respondent may use a
firearm against the petitioner.
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(e.1) Effect of incarceration.--
(1) The court may extend the terms of an existing order
of protection from abuse or, if the order is no longer in
effect, grant a new order upon a showing that:
(i) the defendant is about to be released from
incarceration or has recently been released from
incarceration;
(ii) the defendant previously violated a prior or
existing order of protection from abuse; and
(iii) the petitioner is reasonably in fear of
physical harm from the defendant.
(2) A petitioner does not need to show that physical
harm from the defendant is imminent to obtain an extension of
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an existing order or a new order under this subsection.
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Section 3. This act shall take effect in 60 days.
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