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PRINTER'S NO. 1574
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
18
Session of
2018
INTRODUCED BY FONTANA, STREET, LEACH, COSTA, BLAKE, RAFFERTY,
HUGHES AND DINNIMAN, MARCH 22, 2018
REFERRED TO JUDICIARY, MARCH 22, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in actions, proceedings
and other matters generally, providing for extreme risk
protection orders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 62B
EXTREME RISK PROTECTION ORDERS
Sec.
62B01. Definitions.
62B02. Petition for order.
62B03. Procedure.
62B04. Ex parte orders.
62B05. Service of orders.
62B06. Termination and renewal of orders.
62B07. Surrender of firearms.
62B08. Return and disposal of firearms.
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62B09. Reporting of orders.
62B10. Penalties.
62B11. Other authority retained.
62B12. Immunity.
62B13. Instructional and informational material.
62B14. Registry.
§ 62B01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Extreme risk protection order." An ex parte order or a
final order granted under this chapter.
"Family or household member." A spouse or person who has
been a spouse, person living as a spouse or who lived as a
spouse, parent or child, other person related by consanguinity
or affinity, current or former sexual or intimate partner or
person who shares biological parenthood.
"Firearm." The term shall have the same meaning given to it
under 18 Pa.C.S. § 6111(f) (relating to sale and transfer of
firearms).
"Firearm license." A license issued under 18 Pa.C.S. § 6109
(relating to licenses).
"Minor court." A magisterial district judge or a judge of
the Philadelphia Municipal Court, commissioner appointed under
section 1123 (relating to jurisdiction and venue), master
appointed under section 1126 (relating to masters) or master for
emergency relief.
"Petitioner." A person who petitions for an order under this
chapter.
"Respondent." A person who is identified as the respondent
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in a petition filed under this chapter.
§ 62B02. Petition for order.
(a) Establishment of action.--
(1) An action known as a petition for an extreme risk
protection order is established.
(2) A petition for an extreme risk protection order may
be filed by:
(i) a family or household member of the respondent;
or
(ii) a law enforcement officer or agency.
(3) An action under this chapter must be filed in the
county where the petitioner resides or the county where the
respondent resides.
(b) Contents of petition.--A petition shall:
(1) Allege that the respondent poses a significant
danger of causing personal injury to self or others by having
in the respondent's custody or control, purchasing,
possessing or receiving a firearm and be accompanied by an
affidavit made under oath stating the specific statements,
actions or facts that give rise to a reasonable belief of
future dangerous acts by the respondent.
(2) Identify the number, types and locations of the
firearms the petitioner reasonably believes to be in the
respondent's current ownership, possession, custody or
control.
(3) Identify whether there is a known existing
protection order governing the respondent under any other
applicable statute.
(4) Identify whether there is a pending lawsuit,
complaint, petition or other action between the parties to
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the petition under the laws of this Commonwealth.
(c) Effect of existing orders and pending actions.--
(1) The prothonotary shall verify the terms of any
existing order governing the parties.
(2) The court may not delay granting relief because of
the existence of a pending action between the parties or the
necessity of verifying the terms of an existing order.
(3) A petition for an extreme risk protection order may
be granted whether or not there is a pending action between
the parties.
(d) Notice to family and household members.--
(1) If the petitioner is a law enforcement officer or
agency, the petitioner shall make a good faith effort to
provide notice to a family or household member of the
respondent and to any known third party who may be at risk of
violence.
(2) The notice shall state that the petitioner intends
to petition the court for an extreme risk protection order or
has already done so and include referrals to appropriate
resources, including mental health, domestic violence and
counseling resources.
(3) The petitioner shall attest in the petition to
having provided the notice or attest to the steps that will
be taken to provide the notice.
(e) Omission of petitioner's address.--
(1) If the petition states that disclosure of the
petitioner's address would risk harm to the petitioner or a
member of the petitioner's family or household, the
petitioner's address may be omitted from all documents filed
with the court.
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(2) If the petitioner has not disclosed an address under
this subsection, the petitioner shall designate an
alternative address at which the respondent may serve notice
of any motions. If the petitioner is a law enforcement
officer or agency, the address of record shall be that of the
law enforcement agency.
(f) Fees and bonds prohibited.--
(1) No fees for filing or service of process may be
charged by a court or any public agency to a petitioner
seeking relief under this chapter. The petitioner shall be
provided the necessary number of certified copies, forms and
instructional brochures free of charge.
(2) A person may not be required to post a bond to
obtain relief in any proceeding under this section.
(g) Jurisdiction.--
(1) The courts of common pleas have jurisdiction over
proceedings under this chapter and minor courts have limited
jurisdiction over issuance and enforcement of ex parte
extreme risk protection orders issued under this chapter.
(2) If the notice and order are not served on the
respondent in time for the full hearing, the issuing court
has concurrent jurisdiction with the court to extend the ex
parte extreme risk protection order.
§ 62B03. Procedure.
(a) Hearing.--Upon receipt of the petition, the court shall
order a hearing to be held not later than 14 days from the date
of the order and shall issue a notice of hearing to the
respondent.
(b) Service on respondent.--
(1) The prothonotary shall cause a copy of the notice of
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hearing and petition to be forwarded on or before the next
judicial day to the appropriate law enforcement agency for
service upon the respondent.
(2) Personal service of the notice of hearing and
petition shall be made upon the respondent by a law
enforcement officer not less than five business days prior to
the hearing.
(c) Ex parte orders.--The court may, as provided in section
62B04 (relating to ex parte orders), issue an ex parte extreme
risk protection order pending the hearing ordered under
subsection (a). An ex parte order shall be served concurrently
with the notice of hearing and petition.
(d) Findings by court.--Upon hearing the matter, if the
court finds by a preponderance of the evidence that the
respondent poses a significant danger of causing personal injury
to self or others by having in the respondent's custody or
control, purchasing, possessing or receiving a firearm, the
court shall issue an extreme risk protection order that is
effective for a period of one year.
(e) Evidence.--In determining whether grounds for an extreme
risk protection order exist, the court may consider any relevant
evidence, including, but not limited to, any of the following:
(1) A recent act or threat of violence or injury by the
respondent against self or others, whether or not the
violence or threat of violence involves a firearm.
(2) A pattern of acts or threats of violence or injury
by the respondent within the past 12 months, including, but
not limited to, acts or threats of violence by the respondent
against self or others.
(3) A dangerous mental health issue of the respondent.
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(4) A violation by the respondent of a protection order
issued under 23 Pa.C.S. Ch. 61 (relating to protection from
abuse) or Chapter 62A (relating to protection of victims of
sexual violence or intimidation).
(5) A previous or existing extreme risk protection order
issued against the respondent.
(6) A violation of a previous or existing extreme risk
protection order issued against the respondent.
(7) A conviction of the respondent for a crime that
involves domestic violence.
(8) The respondent's ownership, access to or intent to
possess firearms.
(9) The unlawful or reckless use, display or brandishing
of a firearm by the respondent.
(10) The history of use, attempted use or threatened use
of physical force by the respondent against another person or
the respondent's history of stalking another person.
(11) A prior arrest of the respondent for an offense
graded as a felony, crime of violence or personal injury
crime.
(12) Corroborated evidence of the abuse of controlled
substances or alcohol by the respondent.
(13) Evidence of recent acquisition of a firearm by the
respondent.
(f) Authority of court.--The court may:
(1) Examine under oath the petitioner, the respondent
and witnesses or, in lieu of examination, consider a sworn
affidavit of the petitioner, the respondent and witnesses.
(2) Review the criminal history records related to the
respondent.
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(3) Review all records relating to the respondent under
the act of July 9, 1976 (P.L.817, No.143), known as the
Mental Health Procedures Act.
(4) During the hearing, consider whether a mental health
evaluation or chemical dependency evaluation is appropriate,
and order the evaluation if appropriate.
(g) Contents of order.--An extreme risk protection order
shall include the following:
(1) A statement of the grounds supporting the issuance
of the order.
(2) The date and time the order was issued.
(3) The date and time the order expires.
(4) Whether a mental health evaluation or chemical
dependency evaluation of the respondent is required to be
completed.
(5) The address of the court in which a responsive
pleading may be filed.
(6) A description of the requirements for relinquishment
of firearms under this chapter.
(7) The following statement:
To the subject of this protection order: This order
will last until the date and time noted above. If you
have not done so already, you must surrender to the
(insert name of local law enforcement agency) all
firearms in your custody, control or possession and a
firearm license issued to you immediately. You may
not have in your custody or control, purchase,
possess, receive or attempt to purchase or receive a
firearm while this order is in effect. You have the
right to request a hearing to terminate this order
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every 12-month period that this order is in effect,
starting from the date of this order and continuing
through any renewal. You may seek the advice of an
attorney as to any matter connected with this order.
(h) Notice relating to termination hearing.--When the court
issues an extreme risk protection order, the court shall inform
the respondent that the respondent may request termination of
the order in the manner prescribed in this chapter. The court
shall provide the respondent with a form to request a
termination hearing.
(i) Reasons for denial of order.--If the court denies an
extreme risk protection order, the court shall state the
particular reasons for the court's denial.
§ 62B04. Ex parte orders.
(a) General rule.--Upon the filing of a petition under
section 62B02 (relating to petition for order), a petitioner may
request that an ex parte extreme risk protection order be issued
before a hearing for an extreme risk protection order, without
notice to the respondent, by including in the petition detailed
allegations based on personal knowledge that the respondent
poses an imminent and significant danger of causing personal
injury to self or others by having in the respondent's custody
or control, purchasing, possessing or receiving a firearm.
(b) Grounds to issue.--If a court finds by clear and
convincing evidence that there is reasonable cause to believe
that the respondent poses an imminent and significant danger of
causing personal injury to self or others by having in the
respondent's custody or control, purchasing, possessing or
receiving a firearm, the court shall issue an ex parte extreme
risk protection order.
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(c) Hearings.--
(1) The court shall hold an ex parte extreme risk
protection order hearing on the day the petition is filed or
on the judicial day immediately following the day the
petition is filed.
(2) In accordance with this chapter, the court shall
schedule a hearing within 14 days of the issuance of an ex
parte extreme risk protection order to determine if a one-
year extreme risk protection order is issued under this
chapter.
(d) Contents of order.--An ex parte extreme risk protection
order shall include:
(1) A statement of the grounds for the order.
(2) The date and time the order was issued.
(3) The date and time the order expires.
(4) The address of the court in which a responsive
pleading may be filed.
(5) The date and time of the scheduled hearing.
(6) A description of the requirements for surrender of
firearms under this chapter.
(7) The following statement:
To the subject of this protection order: This order
is valid until the date and time noted above. You are
required to surrender all firearms in your custody,
control or possession. You may not have in your
custody or control, purchase, possess, receive or
attempt to purchase or receive a firearm while this
order is in effect. You must surrender to the (insert
name of local law enforcement agency) all firearms in
your custody, control or possession and a firearm
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license issued to you immediately. A hearing will be
held on the date and at the time noted above to
determine if an extreme risk protection order should
be issued. Failure to appear at that hearing may
result in a court making an order against you that is
valid for one year. You may seek the advice of an
attorney as to any matter connected with this order.
(e) Expiration of order.--An ex parte extreme risk
protection order under section 62B03 (relating to procedure)
shall expire upon the date of the entry of an extreme risk
protection order.
(f) Service of order.--An ex parte extreme risk protection
order shall be served by a law enforcement officer in the same
manner as provided for in this chapter for service of the notice
of hearing and petition and shall be served concurrently with
the notice of hearing and petition.
(g) Reasons for denial of order.--If the court denies an ex
parte extreme risk protection order, the court shall state the
particular reasons for the court's denial.
§ 62B05. Service of orders.
An extreme risk protection order issued under this chapter
shall be served as provided under section 62B04 (relating to ex
parte orders) upon the respondent, except as otherwise provided
in this chapter, as follows:
(1) The law enforcement agency with jurisdiction in the
municipality in which the respondent resides shall serve the
respondent personally.
(2) If the law enforcement agency cannot complete
service on the respondent within 10 days, the law enforcement
agency shall notify the petitioner. The petitioner shall
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provide information sufficient to permit the notification.
(3) If an order entered by the court recites that the
respondent appeared in person before the court, the necessity
for further service shall be waived and proof of service of
that order shall not be necessary.
(4) Returns of service under this chapter shall be made
in accordance with the applicable court rule.
§ 62B06. Termination and renewal of orders.
(a) Procedure to terminate.--
(1) The respondent may submit a written request for a
hearing to terminate an extreme risk protection order issued
under this chapter every 12-month period that the order is in
effect, starting from the date of the order and continuing
through any renewal.
(2) Upon receipt of the request for a hearing to
terminate an extreme risk protection order, the court shall
set a date for a hearing. Notice of the request shall be
served on the petitioner in accordance with this chapter. The
hearing shall occur no sooner than 14 days and no later than
30 days from the date of service of the request upon the
petitioner.
(3) The respondent shall have the burden of proving by a
preponderance of the evidence that the respondent does not
pose a significant danger of causing personal injury to self
or others by having in the respondent's custody or control,
purchasing, possessing or receiving a firearm. The court may
consider any relevant evidence, including evidence of the
considerations specified in this chapter for the issuance of
an order.
(4) If the court finds after the hearing that the
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respondent has met the respondent's burden of proof, the
court shall terminate the order.
(b) Notice to petitioner.--The court shall notify the
petitioner of the impending expiration of an extreme risk
protection order. Notice shall be received by the petitioner 90
days before the date the order expires.
(c) Motion to renew.--
(1) A family or household member of a respondent or a
law enforcement officer or agency may by motion request a
renewal of an extreme risk protection order at any time
within 90 days before the expiration of the order.
(2) Upon receipt of the motion to renew, the court shall
order that a hearing be held not later than 14 days from the
date the order issues.
(3) The respondent shall be personally served in the
same manner prescribed by section 62B05 (relating to service
of orders).
(4) In determining whether to renew an extreme risk
protection order issued under this subsection, the court
shall consider all relevant evidence presented by the
petitioner and follow the same procedure as provided in this
chapter for issuance of an order.
(5) (i) If the court finds by a preponderance of the
evidence that the requirements for issuance of an extreme
risk protection order continue to be met, the court shall
renew the order.
(ii) If, after notice, the motion for renewal is
uncontested and the petitioner seeks no modification of
the order, the order may be renewed on the basis of the
petitioner's motion or affidavit stating that there has
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been no material change in relevant circumstances since
entry of the order and stating the reason for the
requested renewal.
(6) The renewal of an extreme risk protection order
shall be for one year, subject to termination as provided in
subsection (a) or further renewal by order of the court.
§ 62B07. Surrender of firearms.
(a) Court order.--Upon issuance of an extreme risk
protection order under this chapter, including an ex parte
extreme risk protection order, the court shall order the
respondent to surrender to the local law enforcement agency all
firearms in the respondent's custody, control or possession and
a firearm license issued under 18 Pa.C.S. § 6109 (relating to
licenses).
(b) Duties of law enforcement officers.--
(1) The law enforcement officer serving an extreme risk
protection order under this chapter, including an ex parte
extreme risk protection order, shall request that the
respondent immediately surrender all firearms in the
respondent's custody, control or possession and a firearm
license and conduct any search permitted by law for firearms.
(2) The law enforcement officer shall take possession of
all firearms belonging to the respondent that are
surrendered, in plain sight or discovered from a lawful
search.
(3) If personal service by a law enforcement officer is
not possible, or not required because the respondent was
present at the extreme risk protection order hearing, the
respondent shall surrender the firearms in a safe manner to
the control of the local law enforcement agency within 48
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hours of being served with the order by alternate service or
within 48 hours of the hearing at which the respondent was
present and ordered to surrender all firearms and a firearm
license.
(4) At the time of surrender, the law enforcement
officer taking possession of firearms and a firearm license
shall issue a receipt identifying all firearms that have been
surrendered and provide a copy of the receipt to the
respondent. Within 72 hours after service of the order, the
law enforcement officer serving the order shall file the
original receipt with the court and shall ensure that the
appropriate law enforcement agency retains a copy of the
receipt.
(c) Effect of failure to complete.--
(1) Upon the sworn statement or testimony of the
petitioner or of any law enforcement officer alleging that
the respondent has failed to comply with the surrender of
firearms as required by an order issued under this chapter,
the court shall determine whether probable cause exists to
believe that the respondent has failed to surrender all
firearms in the respondent's possession, custody or control.
(2) If probable cause exists, the court shall issue a
warrant describing the firearms and authorizing a search of
the locations where the firearms are reasonably believed to
be and the seizure of firearms discovered from the search.
(d) Other persons who are lawful owners.--If a person other
than the respondent claims title to a firearm surrendered under
this section, and the person is determined by the law
enforcement agency to be the lawful owner of the firearm, the
firearm shall be returned to the person, provided that:
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(1) The firearm is removed from the respondent's
custody, control or possession and the person agrees to store
the firearm in a manner such that the respondent does not
have access to or control of the firearm.
(2) The firearm is not otherwise unlawfully possessed by
the person.
(3) The person is informed and acknowledges that
providing a firearm to the respondent for whom an order is
issued under this chapter commits an offense under 18 Pa.C.S.
§ 6105 (relating to persons not to possess, use, manufacture,
control, sell or transfer firearms) if the person returns the
firearm to the possession of the respondent.
(e) Firearm surrender hearing.--
(1) Upon the issuance of a one-year extreme risk
protection order, the court shall order a new hearing date
and require the respondent to appear not later than three
business days from the issuance of the order.
(2) The court shall require a showing that the person
subject to the order has surrendered all firearms in the
person's custody, control or possession.
(3) The court may dismiss the hearing upon a
satisfactory showing that the respondent is in compliance
with the order.
(f) Duty of Pennsylvania State Police.--The Pennsylvania
State Police shall develop policies and procedures for use by
all law enforcement agencies within 180 days of the effective
date of this section regarding the acceptance, storage and
return of firearms required to be surrendered under this
chapter.
§ 62B08. Return and disposal of firearms.
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(a) General rule.--If an extreme risk protection order is
terminated or expires without renewal, a law enforcement agency
holding a firearm and firearm license that has been surrendered
under this chapter shall return a surrendered firearm and
firearm license requested by a respondent only after confirming:
(1) Through a background check, that the respondent is
currently eligible to own or possess firearms under Federal
and State law.
(2) With the court that the extreme risk protection
order has terminated or has expired without renewal.
(b) Notice to family and household members.--A law
enforcement agency shall, if requested, provide prior notice of
the return of a firearm to a respondent to family or household
members of the respondent in the manner provided by law.
(c) Disposal.--A firearm that is surrendered by a respondent
under this chapter and remains unclaimed by the lawful owner
shall be disposed of in accordance with the law enforcement
agency's policies and procedures for the disposal of firearms in
police custody.
§ 62B09. Reporting of orders.
(a) Duties of clerk of court and law enforcement agency.--
(1) The clerk of the court shall enter an extreme risk
protection order or ex parte extreme risk protection order
issued under this chapter into a Statewide judicial
information system on the same day the order is issued.
(2) The clerk of the court shall forward a copy of an
order issued under this chapter the same day the order is
issued to the appropriate law enforcement agency specified in
the order.
(3) Forward a copy to the Pennsylvania State Police for
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entry in the Pennsylvania Instant Check System.
(4) Upon receipt of the copy of the order, the law
enforcement agency shall enter the order into the national
instant criminal background check system, any other Federal
or State computer-based systems used by law enforcement or
others to identify prohibited purchasers of firearms and any
computer-based criminal intelligence information system
available in this Commonwealth used by law enforcement
agencies to list outstanding warrants.
(5) The order shall remain in each system for the period
stated in the order and the law enforcement agency shall only
expunge orders from the systems that have expired or
terminated.
(6) Entry into the computer-based criminal intelligence
information system constitutes notice to all law enforcement
agencies of the existence of the order.
(7) The order shall be fully enforceable in any county
in this Commonwealth.
(b) Termination order.--If an extreme risk protection order
is terminated before its expiration date, the clerk of the court
shall forward the same day a copy of the termination order to
the Pennsylvania State Police and the appropriate law
enforcement agency specified in the termination order. Upon
receipt of the order, the law enforcement agency shall promptly
remove the order from any computer-based system in which it was
entered under this section.
§ 62B10. Penalties.
A person who:
(1) Files a petition under this chapter knowing the
information in the petition to be materially false, or with
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intent to harass the respondent, commits a misdemeanor of the
third degree.
(2) Has in the person's custody or control, purchases,
possesses or receives a firearm with knowledge that the
person is prohibited from doing so by an order issued under
this chapter commits a misdemeanor of the first degree and is
prohibited from having in the person's custody or control,
purchasing, possessing or receiving or attempting to purchase
or receive a firearm for a period of five years from the date
the existing order expires.
§ 62B11. Other authority retained.
This chapter does not affect the ability of a law enforcement
officer to remove a firearm or firearm license from a person or
conduct a search and seizure for firearms under other lawful
authority.
§ 62B12. Immunity.
Nothing in this chapter shall be construed to impose criminal
or civil liability on any person or entity for acts or omissions
related to obtaining an extreme risk protection order or ex
parte extreme risk protection order, including, but not limited
to, reporting, declining to report, investigating, declining to
investigate, filing or declining to file a petition under this
chapter.
§ 62B13. Instructional and informational material.
The Office of Attorney General shall develop and prepare
instructions and informational brochures, standard petitions and
extreme risk protection order forms and a staff handbook on the
extreme risk protection order process. The following apply:
(1) The standard petition and order forms must be used
for all petitions filed and orders issued under this chapter.
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(2) The instructions, brochures, forms and handbook
shall be prepared in consultation with interested persons,
including representatives of gun violence prevention groups,
judges and law enforcement personnel. Materials shall be
based on best practices and available electronically online
to the public.
(3) The instructions shall be designed to assist
petitioners in completing the petition and include a sample
of a standard petition and order for protection forms.
(4) The instructions and standard petition shall include
a means for a petitioner to identify, with only lay
knowledge, the firearms the respondent may own, possess,
receive or have in the respondent's custody or control. The
instructions shall provide pictures of types of firearms that
a petitioner may choose from to identify the relevant
firearms or an equivalent means to allow a petitioner to
identify firearms without requiring specific or technical
knowledge regarding firearms.
(5) The informational brochure shall describe the use of
and the process for obtaining, modifying and terminating an
extreme risk protection order under this chapter and provide
relevant forms.
(6) The extreme risk protection order form shall
include, in a conspicuous location, notice of criminal
penalties resulting from violation of the order and the
following statement:
You have the sole responsibility to avoid or refrain
from violating this order's provisions. Only the
court can change the order and only upon written
application.
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(7) The staff handbook shall allow for the addition of a
community resource list by the clerk of court. All clerks of
court may create a community resource list of crisis
intervention, mental health, substance abuse, interpreter,
counseling and other relevant resources serving the county in
which the court is located. The clerk of court may make the
community resource list available as part of or in addition
to the informational brochure described in this subsection.
(8) The Office of Attorney General shall distribute a
master copy of the petition and order forms, instructions and
informational brochures to all clerks of court and shall
distribute a master copy of the petition and order forms to
all superior, district and municipal courts. Distribution of
all documents shall, at a minimum, be in an electronic format
or formats accessible to all courts and clerks of court in
this Commonwealth.
(9) The Office of Attorney General shall determine the
significant non-English-speaking or limited English speaking
populations in this Commonwealth. The administrator shall
then arrange for translation of the instructions and
informational brochures required by this section, which shall
contain a sample of the standard petition and order for
protection forms, into the languages spoken by those
significant non-English-speaking populations and shall
distribute a master copy of the translated instructions and
informational brochures to all clerks of court within one
year of the effective date of this section.
(10) The Office of Attorney General shall update the
instructions, brochures, standard petition and extreme risk
protection order forms and staff handbook as necessary,
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including when changes in the law make an update necessary.
§ 62B14. Registry.
(a) Duties of Pennsylvania State Police.--The Pennsylvania
State Police shall establish a Statewide registry of extreme
risk protection orders and shall maintain a complete and
systematic record and index of all valid ex parte and final
extreme risk protection orders filed under subsection (f). The
Statewide registry shall include, but need not be limited to,
the following:
(1) The names of the petitioner and any other protected
party.
(2) The name and address of the respondent.
(3) The relationship between the petitioner and the
respondent.
(4) The date the order was entered.
(5) The date the order expires.
(6) The relief granted under this chapter.
(7) The judicial district in which the order was
entered.
(8) Where furnished, the Social Security number and date
of birth of the respondent.
(9) Whether or not a firearm and firearm license were
ordered to be relinquished.
(b) Duty of prothonotary.--
(1) The prothonotary shall send, on a form prescribed by
the Pennsylvania State Police, a copy of the extreme risk
protection order to the Statewide registry of extreme risk
protection orders so that it is received within 24 hours of
the entry of the order. An amendment to or revocation of an
order shall be transmitted by the prothonotary within 24
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hours of the entry of the order for modification or
revocation.
(2) The Pennsylvania State Police shall enter orders,
amendments and revocations in the Statewide registry of
extreme risk protection orders within eight hours of receipt.
(3) Terminated orders shall be purged from the registry.
(c) Availability.--
(1) The registry of the Pennsylvania State Police shall
be available at all times to inform courts, dispatchers and
law enforcement officers of a valid extreme risk protection
order involving a respondent.
(2) When an order granting relief has been entered by a
court, the information shall be available to the Pennsylvania
State Police for the purpose of conducting a criminal history
records check in compliance with the applicable provisions of
18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms
Act).
(3) Information contained in the Statewide registry
shall not be subject to access under the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law.
(d) Information concerning crimes of violence.--Each police
department shall transmit to the Pennsylvania State Police, in a
manner prescribed by the Pennsylvania State Police, the
information specified in subsection (c) related to crimes of
violence between family or household members.
(e) Annual report.--The Pennsylvania State Police shall
annually compile and analyze the incident report data received
and publish a Statewide report that includes aggregate, county
and department-based statistical profiles. The Pennsylvania
State Police shall transmit a copy of the annual report to the
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Governor and the General Assembly.
(f) Enforcement of foreign extreme risk protection orders.--
(1) All foreign extreme risk protection orders shall
have the presumption of validity in this Commonwealth, and
law enforcement officers shall make arrests for violations of
foreign extreme risk protection orders in the same manner as
applicable to violations of extreme risk protection orders
issued within this Commonwealth. Until a foreign order is
declared to be invalid by a court, it shall be enforced by
all law enforcement personnel in this Commonwealth.
(2) A law enforcement officer shall rely upon a copy of
a foreign extreme risk protection order that has been
presented to the law enforcement officer by any source and
may verify the existence of an extreme risk protection order
consistent with this chapter. The fact that a foreign extreme
risk protection order has not been filed with a prothonotary
or entered into the Pennsylvania State Police registry shall
not be grounds for law enforcement to refuse enforcement of
the order.
(g) Immunity.--The following entities shall be immune from
civil liability for good faith conduct in an action arising in
connection with a court's finding that the foreign order is
invalid or unenforceable:
(1) Law enforcement agencies and their agents and
employees.
(2) County correctional and detention facilities and
their agents and employees.
(3) Prothonotaries and their agents and employees.
Section 2. This act shall take effect in 60 days.
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