Bill Text: PA HB1191 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for stalking, for protective orders, for notice on protective orders, for violation of orders and for pretrial release; providing for a Statewide registry of protective orders and for civil protective orders; and making editorial changes.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-04-03 - Referred to JUDICIARY [HB1191 Detail]

Download: Pennsylvania-2009-HB1191-Introduced.html

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PRINTER'S NO. 1419
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1191 Session of2009
INTRODUCED BY DALLY, CALTAGIRONE, EVERETT, HENNESSEY, W. KELLER, PETRARCA, SCAVELLO, SIPTROTH, WALKO AND YOUNGBLOOD, APRIL 3, 2009
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2009
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, further providing for stalking, for protective
orders, for notice on protective orders, for violation of
orders and for pretrial release; providing for a Statewide
registry of protective orders and for civil protective
orders; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2709.1(c)(2), 4954, 4954.1, 4955 and
4956(a) of Title 18 of the Pennsylvania Consolidated Statutes
are amended to read:
§ 2709.1. Stalking.
* * *
(c) Grading.--
* * *
(2) A second or subsequent offense under this section or
a first offense under subsection (a) if the person has been
previously convicted of a crime of violence involving the
same victim, family or household member, including, but not
limited to, a violation of section 2701 (relating to simple
assault), 2702 (relating to aggravated assault), 2705
(relating to recklessly endangering another person), 2901
(relating to kidnapping), 3121 (relating to rape) or 3123
(relating to involuntary deviate sexual intercourse), an
order issued under section 4954 (relating to criminal
protective orders) or an order issued under 23 Pa.C.S. § 6108
(relating to relief) shall constitute a felony of the third
degree.
* * *
§ 4954. [Protective] Criminal protective orders.
(a) Authority of court.--Any court with jurisdiction over
any criminal matter may, after a hearing and in its discretion,
[upon] issue a criminal protective order for an individual. To
issue an order under this subsection, the court must find, by
substantial evidence, which may include hearsay or the
declaration of the prosecutor that [a witness or victim] an
individual has been intimidated or threatened or is reasonably
likely to be intimidated[, issue protective orders, including,
but not limited to,] or threatened. An order under this section
includes the following:
(1) An order that a defendant not violate any provision
of this [subchapter or section 2709 (relating to harassment)
or 2709.1 (relating to stalking)] title.
(2) An order that a person other than the defendant,
including, but not limited to, a subpoenaed witness, not
violate any provision of this [subchapter] title.
(3) An order that any person described in paragraph (1)
or (2) maintain a prescribed geographic distance from any
[specified witness or victim] person designated by the court.
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(4) An order that any person described in paragraph (1)
or (2) have no communication whatsoever with any [specified
witness or victim] person designated by the court, except
through an attorney under such reasonable restrictions as the
court may impose.
(5) Any other order that the court deems appropriate to
prevent or bring about a cessation of intimidation or
threatening behavior toward a person designated by the court.
(b) Contents.--A criminal protective order shall comply with
all of the following:
(1) Specify the issuing court.
(2) Identify the person against whom the order is
issued. This paragraph includes:
(i) name;
(ii) address;
(iii) height and weight;
(iv) age;
(v) race;
(vi) gender; and
(vii) other information deemed appropriate by the
issuing court.
(c) Clerk of court.--The clerk of court shall send, on a
form prescribed by the Pennsylvania State Police, a copy of the
criminal protective order under this section and any amendment
or revocation of the order to the appropriate registry under
section 9203 (relating to Statewide registry of civil and
criminal protective orders). The form shall be sent within 24
hours of the entry of the order.
(d) Availability.--An order under this section shall be
available at all times to inform courts, police dispatchers and
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law enforcement officers of its issuance.
§ 4954.1. Notice on criminal protective order.
All criminal protective orders issued under section 4954
(relating to criminal protective orders) shall contain in large
print at the top of the order a notice that the [witness or
victim] person designated by the court should immediately call
the police if the defendant violates the criminal protective
order. The notice shall contain the telephone number of the
police department where the [victim or witness] person
designated by the court resides and [where the victim or
witness] is employed.
§ 4955. Violation of criminal protective orders.
(a) Punishment.--Any person violating any order made
pursuant to section 4954 (relating to criminal protective
orders) may be punished in any of the following ways:
(1) For any substantive offense described in this
[subchapter] title, where such violation of an order is a
violation of any provision of this subchapter.
(2) As a contempt of the court making such order. No
finding of contempt shall be a bar to prosecution for a
substantive offense under section 2709 (relating to
harassment), 2709.1 (relating to stalking), 4952 (relating to
intimidation of witnesses or victims) or 4953 (relating to
retaliation against witness [or], victim or party), but:
(i) any person so held in contempt shall be entitled
to credit for any punishment imposed therein against any
sentence imposed on conviction of said substantive
offense; and
(ii) any conviction or acquittal for any substantive
offense under this title shall be a bar to subsequent
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punishment for contempt arising out of the same act.
(3) By revocation of any form of pretrial release, or
the forfeiture of bail and the issuance of a bench warrant
for the defendant's arrest or remanding him to custody.
Revocation may, after hearing and on substantial evidence, in
the sound discretion of the court, be made whether the
violation of order complained of has been committed by the
defendant personally or was caused or encouraged to have been
committed by the defendant.
(b) Arrest.--An arrest for a violation of [an] a criminal
protective order issued under section 4954 may be without
warrant upon probable cause whether or not the violation is
committed in the presence of a law enforcement officer. The law
enforcement officer may verify, if necessary, the existence of a
criminal protective order by telephone [or], radio communication
or other electronic means with the appropriate police department
or by accessing the appropriate registry under section 9203
(relating to Statewide registry of civil and criminal protective
orders).
(c) Arraignment.--Subsequent to an arrest, the defendant
shall be taken without unnecessary delay before the court that
issued the order. When that court is unavailable, the defendant
shall be arraigned before a magisterial district judge or, in
cities of the first class, a Philadelphia Municipal Court Judge,
in accordance with the Pennsylvania Rules of Criminal Procedure.
§ 4956. Pretrial release.
(a) Conditions for pretrial release.--Any pretrial release
of any defendant whether on bail or under any other form of
recognizance shall be deemed, as a matter of law, to include a
condition that the defendant neither do, nor cause to be done,
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nor permit to be done on his behalf, any act proscribed by
section 4952 (relating to intimidation of witnesses or victims)
or 4953 (relating to retaliation against witness [or], victim or
party) and any willful violation of said condition is subject to
punishment as prescribed in section [4955(3)] 4955(a)(3)
(relating to violation of criminal protective orders) whether or
not the defendant was the subject of an order under section 4954
(relating to criminal protective orders).
* * *
Section 2. Title 18 is amended by adding a chapter to read:
CHAPTER 92
PROTECTIVE ORDERS
Sec.
9201. Definitions.
9202. Responsibilities of law enforcement agencies.
9203. Statewide registry of civil and criminal protective
orders.
9204. County registry of civil and criminal protective orders.
§ 9201. 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:
"Protective order." An order issued under:
(1) section 4954 (relating to criminal protective
orders); or
(2) 42 Pa.C.S. Ch. 59 Subch. E (relating to civil
protective orders).
§ 9202. Responsibilities of law enforcement agencies.
(a) General rule.--The police department of each municipal
corporation, the Pennsylvania State Police and the sheriff of
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each county shall ensure that all its officers, deputies and
employees are familiar with the provisions of 42 Pa.C.S. Ch. 59
Subch. E (relating to civil protective orders). Instruction
regarding civil protective orders shall be made a part of the
training curriculum for all trainee officers and deputies. All
law enforcement agencies within this Commonwealth shall adopt a
written policy regarding civil protective orders.
(b) Mandatory report.--
(1) Each law enforcement agency shall make an incident
report, on a form prescribed by the Pennsylvania State
Police, consistent with the report required by the National
Incident-Based Reporting System (NIBRS).
(2) The incident report may include the information set
forth in 23 Pa.C.S. § 6105(c) (relating to responsibilities
of law enforcement agencies).
(c) Notice of arrest.--All law enforcement agencies shall
make reasonable efforts to notify any adult or emancipated minor
protected by a civil protective order of the arrest of the
individual against whom a protective order is issued for a
violation of the protective order as soon as possible. Unless
the individual cannot be located, notice of the arrest shall be
provided not more than 24 hours after proceeding under 42
Pa.C.S. § 5999.2(b) (relating to indirect criminal contempt).
§ 9203. Statewide registry of civil and criminal protective
orders.
(a) Permanent registry.--
(1) The Pennsylvania State Police shall establish a
permanent Statewide registry of protective orders.
(2) The registry shall include a complete and systematic
record and index of all protective orders issued under
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section 4954 (relating to criminal protective orders) and 42
Pa.C.S. Ch. 59 Subch. E (relating to civil protective
orders).
(3) The registry shall be in addition to and maintained
separate from the Statewide registry under 23 Pa.C.S. §
6105(e) (relating to responsibilities of law enforcement
agencies).
(4) The registry shall include at least the following
information:
(i) The issuing court.
(ii) The name of the person who obtained the order.
(iii) The name and address of the protected person.
(iv) Identification of the person against whom the
order is issued. This subparagraph includes:
(A) name;
(B) address;
(C) height and weight;
(D) age;
(E) race;
(F) gender; and
(G) other identifying characteristics deemed
appropriate by the issuing court.
(v) The date the order was entered.
(vi) The date the order expires.
(vii) The relief granted by the court.
(b) Temporary registry.--The Pennsylvania State Police shall
establish and maintain a temporary registry until the permanent
registry is fully operational.
(c) Duty of prothonotary.--The prothonotary shall send, on a
form prescribed by the Pennsylvania State Police, a copy of the
20090HB1191PN1419 - 8 -
protective order, as appropriate, to the temporary and permanent
Statewide registry of protective orders so that it is received
within 24 hours of the entry of the order. Likewise, amendments
to or revocation of an order shall be transmitted by the
prothonotary within 24 hours of the entry of the order for
modification or revocation. The Pennsylvania State Police shall
enter orders, amendments and revocations, as appropriate, in the
temporary and permanent Statewide registry of protective orders
within eight hours of receipt.
(d) Availability of registry.--The registry shall be
available at all times to inform courts, police dispatchers and
law enforcement officers of any valid protective order.
§ 9204. County registry of civil and criminal protective
orders.
Each county shall maintain a registry of protective orders,
including orders issued under section 4954 (relating to criminal
protective orders) and orders issued under 42 Pa.C.S. Ch. 59
Subch. E (relating to civil protective orders). Police
departments in the county shall assure the registry is current
at all times and that orders are removed upon their expiration.
County registries shall be maintained until the registry under
section 9203(a) (relating to Statewide registry of civil and
criminal protective orders) is fully operational.
Section 3. Section 4136(a) introductory paragraph and (3)
(ii) of Title 42 are amended to read:
§ 4136. Rights of persons charged with certain indirect
criminal contempts.
(a) General rule.--A person charged with indirect criminal
contempt for violation of a restraining order or injunction
issued by a court shall [enjoy] be provided:
20090HB1191PN1419 - 9 -
* * *
(3) * * *
(ii) The requirement of subparagraph (i) shall not
be construed to apply to contempts:
(A) Committed in the presence of the court or so
near thereto as to interfere directly with the
administration of justice, or to apply to the
misbehavior, misconduct, or disobedience of any
officer of the court in respect to the writs, orders,
or process of the court.
(B) Subject to 23 Pa.C.S. § 6114 (relating to
contempt for violation of order or agreement).
(B.1) Subject to sections 5999.2 (relating to
indirect criminal contempt) and 5999.3 (relating to
criminal contempt).
(C) Subject to 75 Pa.C.S. § 4108(c) (relating to
nonjury criminal contempt proceedings).
* * *
Section 4. Section 4137(a) of Title 42 is amended to read:
§ 4137. Contempt powers of magisterial district judges.
(a) General rule.--[A] Except as set forth in section
5999.3(c) (relating to criminal contempt), a magisterial
district judge shall have the power to issue attachments and
impose summary punishments for criminal contempts of a
magisterial district judge court in the following cases:
(1) Misbehavior of any person in the presence of the
court, thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the
nature of a subpoena issued by a magisterial district judge.
(3) Failure to comply with an order of a magisterial
20090HB1191PN1419 - 10 -
district judge directing a defendant in a criminal proceeding
to compensate the victim of the criminal conduct for the
damage or injury sustained by the victim.
(4) Failure to comply with an order of a magisterial
district judge directing a defendant in a criminal proceeding
to pay fines and costs in accordance with an installment
payment order.
(5) Violation of an order issued pursuant to 23 Pa.C.S.
§ 6110 (relating to emergency relief by minor judiciary).
* * *
Section 5. Sections 4138(a) and 4139(a) of Title 42 are
amended to read:
§ 4138. Contempt powers of Pittsburgh Magistrates Court.
(a) General rule.--[The] Except as set forth in section
5999.3(c) (relating to criminal contempt), the Pittsburgh
Magistrates Court shall have the power to issue attachments and
impose summary punishments for criminal contempts in the
following cases:
(1) Misbehavior of any person in the presence of the
court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the
nature of a subpoena issued by a judge of the Pittsburgh
Magistrates Court.
(3) Failure to comply with an order of a judge of the
Pittsburgh Magistrates Court directing a defendant in a
criminal proceeding to pay fines and costs in accordance with
an installment payment order.
* * *
§ 4139. Contempt powers of Traffic Court of Philadelphia.
(a) General rule.--[The] Except as set forth in section
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5999.3(c) (relating to criminal contempt), the Traffic Court of
Philadelphia shall have the power to issue attachments and
impose summary punishments for criminal contempts in the
following cases:
(1) Misbehavior of any person in the presence of the
court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the
nature of a subpoena issued by a traffic court judge.
(3) Failure to comply with an order of a traffic court
judge directing a defendant in a criminal proceeding to pay
fines and costs in accordance with an installment payment
order.
* * *
Section 6. Chapter 59 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER E
CIVIL PROTECTIVE ORDERS
Sec.
5991. Scope of subchapter.
5992. Legislative intent.
5993. Definitions.
5994. Jurisdiction.
5995. Proceedings.
5996. Hearings.
5997. Relief.
5998. Service.
5999. Disclosure of addresses.
5999.1. Contempt.
5999.2. Indirect criminal contempt.
5999.3. Criminal contempt.
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5999.4. Reporting abuse and immunity.
5999.5. Enforcement.
§ 5991. Scope of subchapter.
Except for proceedings commenced under 23 Pa.C.S. Ch. 61
(relating to protection from abuse), this subchapter shall apply
to civil actions.
§ 5992. Legislative intent.
The General Assembly finds and declares as follows:
(1) A mechanism should be created by which courts of
this Commonwealth may issue civil protective orders to
prevent abuse even if there is no familial relationship
between the parties.
(2) The registry should be created.
(3) Civil protective orders by law enforcement should be
enforced throughout this Commonwealth.
§ 5993. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abuse." The occurrence of one or more of the following acts
between individuals:
(1) Intentionally, knowingly or recklessly causing or
attempting to cause bodily injury or serious bodily injury.
(2) Placing or attempting to place another in reasonable
fear of imminent serious bodily injury.
(3) Committing or attempting to commit an offense under
any of the following provisions of 18 Pa.C.S.:
(i) Section 2903 (relating to false imprisonment).
(ii) Section 3121 (relating to rape).
(iii) Section 3122.1 (relating to statutory sexual
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assault).
(iv) Section 3123 (relating to involuntary deviate
sexual intercourse).
(v) Section 3124.1 (relating to sexual assault).
(vi) Section 3125 (relating to aggravated indecent
assault).
(4) Physical or sexual abuse of a minor child, including
a violation of 23 Pa.C.S. Ch. 63 (relating to child
protective services).
(5) Knowingly or recklessly engaging in a course of
conduct or repeatedly committing acts toward another person,
including following the person, without proper authority,
under circumstances that place the person in reasonable fear
of bodily injury.
"Adult." A person who is at least 18 years of age.
"Adult household member." Includes a stepparent, foster
parent, adult sibling and an adult standing in loco parentis to
a minor.
"Bodily injury." The term shall have the same meaning as
given to it in 18 Pa.C.S. § 2301 (relating to definitions).
"Certified copy." Any of the following:
(1) A paper copy of the original order of the issuing
court endorsed by the appropriate clerk of that court.
(2) An electronic copy of the original civil protective
order endorsed with a digital signature of the judge or
appropriate clerk of that court.
A raised seal on the copy of the civil protective order of the
issuing court shall not be required.
"Civil protective order." An order issued under section 5997
(relating to relief).
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"Complainant." Any of the following who seeks relief from
abuse under this subchapter:
(1) A party in an underlying action.
(2) A witness or prospective witness in an underlying
action.
(3) A judge or member of the minor judiciary exercising
jurisdiction over an underlying action.
(4) A member of the staff of the issuing court
exercising jurisdiction over an underlying action.
(5) A quasi-judicial officer.
(6) A member of the Federal judiciary presiding over a
civil matter and sitting within this Commonwealth.
"Contemner." An individual against whom relief is granted
under this subchapter.
"Court." Any court of the Commonwealth. The term includes
the minor judiciary.
"Issuing court." A court that issues a protective order.
"Minor." A person who is under 18 years of age.
"Quasi-judicial officer." An officer appointed to hear a
matter. The term includes a master, conference officer and judge
pro tempore.
"Serious bodily injury." The term shall have the same
meaning given to it in 18 Pa.C.S. § 2301 (relating to
definitions).
"Underlying action." The civil action in connection with
which abuse occurs.
§ 5994. Jurisdiction.
(a) Unified judicial system.--A court of this Commonwealth
with jurisdiction over a civil matter, including an appeal, may,
as provided in this subchapter, issue a civil protective order
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to prevent or bring about a cessation of abuse.
(b) Federal courts.--If a complainant is a member of the
Federal judiciary presiding over a civil matter and sitting
within this Commonwealth, the court of common pleas within the
judicial district in which the Federal court sits may, as
provided in this subchapter, issue a civil protective order to
prevent or bring about a cessation of abuse.
§ 5995. Proceedings.
(a) General rule.--
(1) A complainant may seek relief under this subchapter
by filing a petition with the court alleging abuse.
(2) If a complainant is a minor, any parent, adult
household member or guardian ad litem may file the petition
under this subsection on behalf of the complainant.
(3) If a complainant has been declared incompetent under
20 Pa.C.S. Ch. 55 (relating to incapacitated persons), a
guardian of the person may file the petition under this
subsection on behalf of the complainant.
(b) Costs.--
(1) The petition may be filed and service shall be made
without prepayment of costs.
(2) If the complainant prevails, the court shall:
(i) assess costs against the contemner; or
(ii) if the court determines that the contemner is
unable to pay the costs, waive costs.
(3) If the complainant does not prevail, the court
shall:
(i) assess costs against the complainant; or
(ii) if the court determines that the complainant is
not able to pay the costs, waive costs.
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(c) Surcharge.--If a civil protective order is issued, a
surcharge of $25 shall be assessed against the contemner. Money
received from surcharges shall be forwarded to the Commonwealth
and shall be used by the Pennsylvania State Police to implement
18 Pa.C.S. § 9203 (relating to Statewide registry of civil and
criminal protective orders).
(d) Means of service.--
(1) The court shall adopt a means of prompt and
effective service for cases in which the complainant avers
that service cannot be safely effected by an adult other than
a law enforcement officer.
(2) If the court orders, the sheriff or other designated
agency or person shall serve a petition or a civil protective
order.
(e) Service.--
(1) A petition shall be served upon the alleged
contemner.
(2) A civil protective order shall be served upon all of
the following:
(i) The contemner.
(ii) Each police department with appropriate
jurisdiction to enforce the civil protective order.
Service under this subparagraph shall be made promptly.
Failure to serve under this subparagraph shall not stay
the effect of a civil protective order.
(f) Assistance and advice to complainant.--The court shall
do all of the following:
(1) Provide simplified forms and clerical assistance in
English and Spanish to help with writing and filing of a
petition under this subchapter for a person not represented
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by counsel.
(2) Provide the complainant with written and oral
referrals, in English and Spanish, to services, including,
where appropriate, the local legal services office, the local
county bar association's lawyer referral service and the
local domestic violence program.
(g) Procedure and other remedies.--Unless otherwise provided
in this subchapter, a proceeding under this subchapter shall be
in accordance with applicable general rules and shall be in
addition to any other available civil or criminal remedies.
(h) Modifying and vacating.--
(1) Except as set forth in paragraph (2), the court may
modify or vacate a civil protective order as follows:
(i) Upon:
(A) filing by a complainant or a contemner of a
petition to modify or vacate;
(B) service of the petition; and
(C) a hearing on the petition under clause (A).
(ii) Upon:
(A) the court's own motion because of a
circumstance that the court deems appropriate;
(B) notice to all parties; and
(C) a hearing on the motion under clause (A).
(2) In no case shall a court modify or vacate a civil
protective order if, at a hearing under paragraph (1)(i)(C)
or (ii)(C), the complainant proves by a preponderance of the
evidence that the complainant is or is likely to be a victim
of abuse.
(3) The court may vacate a civil protective order upon
the death of the contemner.
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§ 5996. Hearings.
(a) Time and place.--
(1) Within ten days of filing of a petition under
section 5995 (relating to proceedings), a hearing shall be
held on the petition.
(2) Except as set forth in paragraph (3), the hearing
shall be held before the court exercising jurisdiction over
the underlying action.
(3) A hearing shall be held, as determined by court
rule, before an appropriate judge of the court of common
pleas in the judicial district where underlying action takes
place if the complainant is:
(i) the judge or a member of the minor judiciary
exercising jurisdiction over the underlying action;
(ii) a staff member of the issuing court;
(iii) a quasi-judicial officer; or
(iv) a member of the Federal judiciary.
(b) Right to counsel.--When the alleged contemner is given
notice of the hearing, the court shall advise the alleged
contemner of the right to be represented by counsel.
(c) Burden of proof.--At the hearing, the complainant must
prove abuse by a preponderance of the evidence.
(d) Temporary orders.--
(1) A complainant may petition the court for a temporary
civil protective order under this subchapter if the
complainant alleges immediate and present danger of abuse to
the complainant or a minor. In such a case, the court shall
conduct an ex parte proceeding. The court may enter a
temporary order as it deems necessary to protect the
complainant or a minor if it finds there is an immediate and
20090HB1191PN1419 - 19 -
present danger of abuse. The temporary civil protective order
shall remain in effect until modified or terminated by the
court after notice and hearing.
(2) If a hearing under this section is continued and no
temporary civil protective order is issued, the court may
make an ex parte temporary order as it deems necessary.
§ 5997. Relief.
(a) General rule.--A court may issue a civil protective
order which justice requires to protect the complainant from
abuse or to bring about cessation of abuse, including:
(1) Directing the contemner to refrain from abusing,
harassing, intimidating or stalking the complainant, the
complainant's relatives or the complainant's minor children.
(2) Restraining the contemner from entering the
residence, property, school or place of employment or
business of the complainant or the complainant's relatives
and directing the contemner to stay away from any specified
place named in the order which is frequented regularly by the
complainant.
(3) Restraining the contemner from making contact with
the complainant. This paragraph includes forbidding the
contemner from personally or through an agent initiating
communication likely to cause annoyance or alarm, including
personal, written, telephone or electronic contact with the
complainant, the complainant's employer, employees, fellow
workers or relatives or others with whom communication would
be likely to cause annoyance or alarm to the complainant.
(4) Directing the contemner to pay the complainant for
reasonable losses suffered as a result of abuse, including:
(i) medical, dental, relocation and moving expenses;
20090HB1191PN1419 - 20 -
(ii) counseling;
(iii) loss of earnings or support;
(iv) costs of repair or replacement of real or
personal property damaged, destroyed or taken by the
contemner or at the direction of the contemner; and
(v) other out-of-pocket loss for injuries sustained.
In addition to out-of-pocket losses, the court may direct the
contemner to pay reasonable attorney fees. An award under
this paragraph shall not constitute a bar to litigation for
civil damages for injuries sustained from the acts that give
rise to the issuance of an order or a finding of contempt
under this subchapter.
(5) Ordering the contemner to undergo counseling, anger
management or other course of therapy or treatment, including
drug and alcohol treatment.
(6) Granting any other relief that the complainant seeks
that the court deems appropriate.
(b) Contents.--A civil protective order shall comply with
all of the following:
(1) Specify the issuing court.
(2) Identify the individual against whom the civil
protective order is issued. This paragraph includes:
(i) name;
(ii) address;
(iii) height and weight;
(iv) age;
(v) race;
(vi) gender; and
(vii) other information deemed appropriate by the
issuing court.
20090HB1191PN1419 - 21 -
(c) Mutual civil protective orders.--
(1) Mutual civil protective orders shall not be issued
unless both parties have filed timely written petitions,
complied with service requirements as provided in this
subchapter and are eligible for protection under this
subchapter.
(2) If the requirements of paragraph (1) are met, the
issuing court shall make separate findings and, when issuing
a civil protective order on behalf of two parties, enter
separate civil protective orders.
(d) Duration and amendment.--A civil protective order shall
be for a fixed period of time not to exceed 24 months. The court
may modify or vacate the civil protective order in accordance
with section 5995(h) (relating to proceedings).
(e) Extension.--
(1) An extension of a civil protective order may be
granted under any of the following circumstances:
(i) The court finds, after a filed petition, notice
to contemner and a hearing in accordance with section
5996 (relating to hearings), that the contemner:
(A) committed one or more acts of abuse
subsequent to the entry of the civil protective
order; or
(B) engaged in a pattern or a practice that
indicates continued risk of harm to the complainant
or the complainant's minor children.
(ii) A temporary civil protective order under
section 5996(d) has been issued but the hearing has not
occurred before the expiration of the temporary civil
protective order. An extension under this subparagraph
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shall be at least until the disposition of the contempt
petition.
(2) Service of an extension shall be made in accordance
with section 5998 (relating to service).
(3) There shall be no limitation on the number of
extensions which may be granted.
(f) Notice.--Notice of a civil protective order shall be
given to the contemner stating that a violation of the order
will subject the contemner to sections 5999.1 (relating to
contempt) and 5999.2(b) (relating to indirect criminal
contempt).
(g) Title to real property unaffected.--A civil protective
order shall not affect title to real property.
§ 5998. Service.
(a) Issuance.--A copy of a civil protective order shall be
issued to the complainant, the contemner, the Pennsylvania State
Police, the police departments with jurisdiction where the
complainant and the contemner maintain residences, and any other
police department that the court deems appropriate.
(b) Placement in registry.--Upon receipt, a police
department shall immediately place the civil protective order in
a registry under 18 Pa.C.S. § 9204 (relating to county registry
of civil and criminal protective orders).
§ 5999. Disclosure of addresses.
(a) Consideration.--During the course of a proceeding under
this subchapter, the court shall consider whether the
complainant or the complainant's relatives or minor children are
endangered by disclosure of their addresses.
(b) Order.--
(1) The court shall issue a nondisclosure order if:
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(i) the court concludes that the contemner poses a
threat of continued abuse to the complainant; and
(ii) the complainant requests the nondisclosure
order.
(2) The nondisclosure order shall be directed to:
(i) law enforcement agencies and human service
agencies in the area where the complainant or the
complainant's children reside; and
(ii) school districts where the complainant's
children are or have been enrolled.
(3) The nondisclosure order shall forbid, without
permission of the court, disclosure of:
(i) the presence of the complainant or the
complainant's children; or
(ii) the address, telephone number or any other
geographic information about the complainant or the
complainant's children.
§ 5999.1. Contempt.
(a) Direct.--If a contemner violates a civil protective
order in the presence of a court, that court may do any of the
following:
(1) Treat the violation as direct civil contempt and
impose appropriate sanctions. The court may act under this
paragraph on its own accord or in response to a petition by
the complainant.
(2) Impose sanctions under section 5999.3(d) (relating
to criminal contempt). This paragraph is subject to section
5999.3(c).
(b) Indirect.--If a contemner violates a civil protective
order outside the presence of a court, the following apply:
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(1) The issuing court or the court in the underlying
action may treat the violation as indirect civil contempt and
impose appropriate sanctions. The court may act under this
paragraph in response to a petition by the complainant.
(2) A court with jurisdiction under section 5999.3(c)
may impose sanctions under section 5999.3(d).
§ 5999.2. Indirect criminal contempt.
(a) Private complaint.--A complainant who alleges violation
of a civil protective order may file a complaint for indirect
criminal contempt in accordance with Pa.R.Crim.P. No. 506
(relating to approval of private complaints).
(b) Arrest.--An arrest for violation of a civil protective
order may be without warrant upon probable cause whether or not
the violation is committed in the presence of a police officer.
The police officer may verify the existence of a civil
protective order by telephone, radio or other electronic
communication with the appropriate police department, the
Pennsylvania State Police, a registry under 18 Pa.C.S. § 9203
(relating to Statewide registry of civil and criminal protective
orders) or 9204 (relating to county registry of civil and
criminal protective orders) or the issuing court. A police
officer shall rely upon any copy of a civil protective order
that has been presented to the officer by any source. The fact
that an order has not been filed with or transmitted by a
prothonotary under section 5999.5(b) (relating to enforcement)
or entered into a registry under 18 Pa.C.S. § 9203 or 9204 shall
not be grounds for law enforcement to refuse or fail to enforce
the order.
(c) Territory.--A police officer shall arrest a contemner
for violating a civil protective order. The power of arrest
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shall extend throughout this Commonwealth, irrespective of
whether the police officer is located in the same judicial
district as the court.
(d) Procedure following arrest.--Subsequent to an arrest,
the contemner shall be taken by the police officer without
unnecessary delay before the court of common pleas in the
judicial district where the contempt is alleged to have
occurred. If the court is unavailable, the police officer shall
convey the contemner to the appropriate officer of the minor
judiciary as designated by court rule.
(e) Preliminary arraignment.--The contemner shall be
afforded a preliminary arraignment without unnecessary delay.
§ 5999.3. Criminal contempt.
(a) Action.--Violation of a civil protective order
constitutes criminal contempt. If the violation is in the
presence of a court in the underlying action, it is direct
criminal contempt. If the violation is outside the presence of a
court, the violation is indirect criminal contempt.
(b) Hearing.--Except as set forth in subsection (g), a
hearing shall be scheduled within ten days of the filing of a
charge under this section. There is no right to a jury trial.
The contemner is entitled to counsel.
(c) Jurisdiction.--Except as set forth in subsection (g),
jurisdiction for direct or indirect criminal contempt lies in
the court of common pleas in the judicial district where the
alleged contempt occurred.
(d) Penalty.--For direct or indirect criminal contempt, the
court shall sentence the contemner to a fine of not less than
$100 nor more than $1,000 or to imprisonment for not more than
six months, or both. Money from fines received under this
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subsection shall be used by the Pennsylvania State Police to
establish and maintain the permanent Statewide registry of
protective orders.
(e) Notification upon release.--
(1) The appropriate releasing authority or other
official designated by local rule shall use all reasonable
means to notify the complainant sufficiently in advance of
the release of the contemner from incarceration imposed under
subsection (d).
(2) Notification shall be required for work release,
furlough, medical leave, community service, discharge, escape
and recapture. Notification shall include the terms and
conditions imposed on temporary release from custody.
(3) The complainant shall keep the appropriate releasing
authority or other official designated by local rule advised
of contact information. Failure to provide contact
information shall constitute waiver of a right to
notification under this subsection.
(f) Multiple remedies.--Disposition of a charge of indirect
criminal contempt shall not preclude the prosecution of other
criminal charges associated with the incident giving rise to the
contempt, nor shall disposition of other criminal charges
preclude prosecution of indirect criminal contempt associated
with the criminal conduct giving rise to the charges.
(g) Minors.--Notwithstanding subsections (b) and (c), a
minor charged under this section for violating a civil
protective order shall be considered to have committed an
alleged "delinquent act" as that term is defined in section 6302
(relating to definitions) and shall be treated as provided in
Chapter 63 (relating to juvenile matters). A private criminal
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complaint shall be as provided by rule of court.
§ 5999.4. Reporting abuse and immunity.
(a) Reporting.--An individual having reasonable cause to
believe that a complainant is being abused may report the
information to the local police department.
(b) Contents of report.--The report shall contain all of the
following:
(1) Name and address of the complainant.
(2) Information regarding the nature and extent of
abuse.
(3) Information which the reporter believes may be
helpful to prevent further abuse.
(c) Immunity.--An individual who makes a report shall be
immune from civil or criminal liability on account of the report
unless the person acted in bad faith or with malicious purpose.
§ 5999.5. Enforcement.
(a) Validity throughout Commonwealth.--A civil protective
order is valid throughout this Commonwealth. Until a civil
protective order is declared invalid by a court of competent
jurisdiction, it shall be enforced by all law enforcement
personnel in this Commonwealth.
(b) Filing.--A complainant may file a certified copy of a
civil protective order with the prothonotary in any judicial
district where the complainant believes enforcement may be
necessary. The following provisions apply:
(1) Filing a protective order with a prothonotary shall
be without fee or cost.
(2) Upon filing a certified copy, a prothonotary shall
transmit, in a manner prescribed by the Pennsylvania State
Police, a copy of the order to the Pennsylvania State Police
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for filing under 18 Pa.C.S. § 9203 (relating to Statewide
registry of civil and criminal protective orders).
(c) Immunity.--The following entities shall be immune from
civil liability for good faith conduct in any action arising in
connection with enforcement of a civil protective order:
(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 7. Section 8127(f) of Title 42 is amended to read:
§ 8127. Personal earnings exempt from process.
* * *
(f) Victim of abuse.--This section shall not apply and no
wage attachment shall be issued against an abused person or
victim, as defined in 23 Pa.C.S. § 6102 (relating to
definitions), for physical damages related to residential leases
when said person:
(1) has obtained a civil protection order pursuant to 23
Pa.C.S. § 6101 et seq. (relating to protection from abuse)[,
or] ;
(2) has obtained a protective order pursuant to 18
Pa.C.S. § 4954 (relating to criminal protective orders)[, or]
;
(3) is a victim-witness as defined by 18 Pa.C.S. § 4951
(relating to definitions), in a criminal proceeding against a
family or household member, as defined in 23 Pa.C.S. § 6102,
and it is determined by the court that the physical damages
were caused by the family or household member[.]; or
(4) has obtained an order under Subchapter E of Chapter
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59 (relating to civil protective orders).
* * *
Section 8. When the Pennsylvania State Police have
implemented the National Incident-Based Reporting System, the
Commissioner of the Pennsylvania State Police shall transmit
notice of the implementation to the Legislative Reference Bureau
for publication in the Pennsylvania Bulletin.
Section 9. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) Section 8 of this act.
(ii) This section.
(2) The addition of 18 Pa.C.S. § 9202(b) shall take
effect upon publication of the notice under section 8 of this
act.
(3) The remainder of this act shall take effect in 60
days.
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