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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MOUL, BENNINGHOFF, BEYER, GEIST, GIBBONS, GINGRICH, GROVE, HARRIS, LONGIETTI, MILLARD, MURT, PETRI, PICKETT, QUINN, REICHLEY, ROAE, ROCK, SIPTROTH, STERN, VULAKOVICH, WHITE AND YOUNGBLOOD, MARCH 3, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2009 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, providing for indirect criminal |
3 | contempt for violation of support order. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 23 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 4345.1. Indirect criminal contempt for violation of support |
9 | order. |
10 | (a) Filing of charge.--The domestic relations section or the |
11 | district attorney may file and prosecute charges of indirect |
12 | criminal contempt alleging that an obligor has willfully |
13 | violated a support order. |
14 | (b) Determination.--Where a court finds that an obligor has |
15 | willfully violated a support order or another order of court |
16 | related to the support order, the court may hold the obligor in |
17 | indirect criminal contempt and punish the obligor in accordance |
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1 | with this section. |
2 | (c) Trial and punishment.--A sentence for indirect criminal |
3 | contempt shall be punishable by any one or more of the |
4 | following: |
5 | (1) A fine not to exceed $1,000. |
6 | (2) Imprisonment for a period not to exceed six months. |
7 | (3) Probation for a period not to exceed one year. |
8 | (4) An order for other relief. |
9 | (d) Obligor.--The obligor shall not have a right to jury |
10 | trial on a charge of indirect criminal contempt. However, the |
11 | obligor shall be entitled to counsel. |
12 | (e) Multiple remedies.--Disposition of a charge of indirect |
13 | criminal contempt shall not preclude the prosecution of other |
14 | criminal charges associated with the incident giving rise to the |
15 | contempt, nor shall disposition of other criminal charges |
16 | preclude prosecution of indirect criminal contempt associated |
17 | with the conduct giving rise to the charges. |
18 | Section 2. This act shall take effect in 60 days. |
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