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PRINTER'S NO. 1997
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1540
Session of
2017
INTRODUCED BY PASHINSKI, THOMAS, DRISCOLL, KINSEY, SAINATO,
CALTAGIRONE, MILLARD AND DeLUCA, JUNE 13, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for contempt for violation of order or agreement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6114(b) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
ยง 6114. Contempt for violation of order or agreement.
* * *
(b) Trial and punishment.--
* * *
(1.1) The following shall apply:
(i) When the basis for a charge of indirect criminal
contempt does not include a threat to commit violence or
the commission of violence, a court may order the
defendant to undergo a drug and alcohol evaluation or a
mental health evaluation, or both, and direct the
defendant to comply with any recommendations resulting
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from the evaluation.
(ii) When the basis for a charge of indirect
criminal contempt includes a threat to commit violence or
the commission of violence, a court shall order the
defendant to undergo a drug and alcohol evaluation and a
mental health evaluation and direct the defendant to
comply with any recommendations resulting from the
evaluation.
(iii) When the court orders an evaluation under this
paragraph, the court shall establish a date by which the
evaluation shall be completed and, contemporaneous with
the order, shall establish a date by which the defendant
shall appear in court if the evaluation is not completed
by the established date.
(iv) Failure by the defendant to obtain an
evaluation under this subsection or to comply with a
recommendation resulting from the evaluation may
constitute a separate basis for contempt of court.
* * *
Section 2. This act shall take effect in 60 days.
20170HB1540PN1997 - 2 -
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