See other bills
under the
same topic
HOUSE AMENDED
PRIOR PRINTER'S NO. 603
PRINTER'S NO. 2082
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
500
Session of
2017
INTRODUCED BY VULAKOVICH, KILLION, BARTOLOTTA, COSTA, HUGHES,
MENSCH, RAFFERTY, RESCHENTHALER, McGARRIGLE, BROOKS AND
TARTAGLIONE, MARCH 28, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 9, 2018
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for commencement of proceedings.
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 to read:
§ 6106. Commencement of proceedings.
* * *
(h) Assistance and advice to plaintiff.--The courts and
hearing officers shall:
(1) Provide simplified forms and clerical assistance in
English and Spanish to help with the writing and filing of
the petition for a protection order for an individual not
represented by counsel.
(2) Provide the plaintiff with written and oral
referrals, in English and Spanish, to the local domestic
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
violence program, to the local legal services office and to
the county bar association's lawyer referral service.
(3) Direct the police, sheriff or other individual
approved by the court as an alternate designee to accompany
the plaintiff to the plaintiff's residence before or during
service of the petition and orders, if the plaintiff avers
that the assistance is necessary to protect the plaintiff's
safety.
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTION 6106(D) OF TITLE 23 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY
ADDING A SUBSECTION TO READ:
§ 6106. COMMENCEMENT OF PROCEEDINGS.
* * *
(A.3) NOTIFICATION OF NEED TO PROTECT PLAINTIFF.--THE
PLAINTIFF SHALL NOTIFY THE COURT ANYTIME DURING THE PERIOD
COMMENCING UPON FILING THE PETITION AND GRANTING OF AN ORDER OR
APPROVING A CONSENT AGREEMENT AT A HEARING HELD UNDER SECTION
6107(A) (RELATING TO HEARINGS) IF THE PLAINTIFF HAS REASON TO
BELIEVE THE PLAINTIFF'S SAFETY IS AT RISK. IN SUCH A CASE, THE
COURT SHALL DIRECT THE PENNSYLVANIA STATE POLICE, THE MUNICIPAL
POLICE OR THE SHERIFF TO ACCOMPANY THE PLAINTIFF TO THE
PLAINTIFF'S RESIDENCE TO RETRIEVE PERSONAL BELONGINGS OR TO
ACCOMPANY THE PLAINTIFF WHILE THE PETITION OR ORDER IS SERVED
UPON THE DEFENDANT BY THE SHERIFF OR COMPETENT ADULT, AS SET
FORTH IN THE PENNSYLVANIA RULES OF CIVIL PROCEDURE.
* * *
(D) SURCHARGE ON ORDER.--WHEN A PROTECTION ORDER IS GRANTED
UNDER SECTION 6107(A) [(RELATING TO HEARINGS)], OTHER THAN
PURSUANT TO AN AGREEMENT OF THE PARTIES, A SURCHARGE OF $100
20170SB0500PN2082 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SHALL BE ASSESSED AGAINST THE DEFENDANT. ALL MONEYS RECEIVED
FROM SURCHARGES SHALL BE DISTRIBUTED IN THE FOLLOWING ORDER OF
PRIORITY:
(1) $25 SHALL BE FORWARDED TO THE COMMONWEALTH AND SHALL
BE APPROPRIATED TO THE PENNSYLVANIA STATE POLICE TO ESTABLISH
AND MAINTAIN THE STATEWIDE REGISTRY OF PROTECTION ORDERS
PROVIDED FOR IN SECTION 6105.
(2) $50 SHALL BE RETAINED BY THE COUNTY AND SHALL BE
USED TO CARRY OUT THE PROVISIONS OF THIS CHAPTER AS FOLLOWS:
(I) $25 SHALL BE USED BY THE SHERIFF.
(II) $25 SHALL BE USED BY THE COURT.
(3) $25 SHALL BE FORWARDED TO THE DEPARTMENT OF PUBLIC
WELFARE FOR USE FOR VICTIMS OF DOMESTIC VIOLENCE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 2333 OF THE ACT OF
APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
CODE OF 1929.
* * *
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
20170SB0500PN2082 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18