PRINTER'S NO. 3414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1955
Session of
2020
INTRODUCED BY MENTZER, KIM, FREEMAN, GREINER, DONATUCCI,
McNEILL, CONKLIN, READSHAW, PICKETT, PYLE, MILLARD, T. DAVIS,
BROWN, WILLIAMS, STRUZZI, ROZZI, ZIMMERMAN, GLEIM AND DeLUCA,
MARCH 4, 2020
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 4, 2020
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 finds and declares as follows:
(1) On October 12, 2018, the Governor signed into law
Act 79 of 2018, which authorizes the "court" to order law
enforcement officers to serve a protection from abuse order
on a defendant if the plaintiff alleges that his or her
safety is in jeopardy absent the help of the law enforcement
officer.
(2) Act 79 of 2018 did not define the term "court" or
otherwise amend the definitions relating to protection from
abuse matters under Chapter 61 of Title 20 of the
Pennsylvania Consolidated Statutes.
(3) Because there were no changes to the definitions
under Chapter 61, a magisterial district judge who enters an
emergency protection from abuse order on nights, weekends,
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holidays or other times when the court of common pleas is
otherwise not available is not treated as a "hearing
officer."
(4) The provisions of 23 Pa.C.S. § 6110 which defines
the emergency relief which can be granted by the minor
judiciary differentiates the court and hearing officers to
such a degree that it is unclear whether a magisterial
district judge, as a hearing officer, has the authority to
order law enforcement to serve an emergency protection from
abuse order issued by them if the plaintiff's safety is at
risk.
(5) In fact, the relief that can be granted by the minor
judiciary in an emergency setting where there is "immediate
and present danger of abuse" does not include a notice to
protect the plaintiff as is contained in 23 Pa.C.S. §
6106(a.3) and available to the court of common pleas.
(6) Therefore, it is the intent of the General Assembly,
through this legislation, to make clear that magisterial
district judges have the power to order a law enforcement
officer to serve an emergency protection from abuse order if
the plaintiff alleges that his or her safety will be in
jeopardy if the plaintiff completes service personally.
(7) This act should be narrowly construed with respect
to the service to emergency protection from abuse orders and
not to any other area of law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6106(a.3) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6106. Commencement of proceedings.
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* * *
(a.3) Notification of need to protect plaintiff.--[The]
(1) If the plaintiff has reason to believe the
plaintiff's safety is at risk, the plaintiff shall notify:
(i) 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.]; or
(ii) the hearing officer upon filing the petition
under section 6110(a) (relating to emergency relief by
minor judiciary).
(2) 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.
(3) In a case under paragraph (1)(ii), the hearing
officer shall direct the Pennsylvania State Police, the
municipal police, sheriff or a constable 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, as set forth in the
Pennsylvania Rules of Civil Procedure.
* * *
Section 2. This act shall take effect in 60 days.
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