PRINTER'S NO. 2769
No. 1985 Session of 2007
INTRODUCED BY REICHLEY, PEIFER, BAKER, BEAR, BEYER, CAPPELLI,
DALLY, DePASQUALE, FLECK, GINGRICH, GODSHALL, HARHART,
HARPER, HENNESSEY, HORNAMAN, M. KELLER, KILLION, LONGIETTI,
MACKERETH, MAJOR, MANN, MILNE, NAILOR, O'NEILL, PYLE, RAPP,
READSHAW, ROSS, SAYLOR, SCAVELLO, SIPTROTH, SONNEY, SWANGER,
VEREB, WANSACZ AND WATERS, OCTOBER 29, 2007
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 29, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for protective
3 orders.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4954 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 4954. Protective orders.
9 (a) Issuance.--Any court with jurisdiction over any criminal
10 matter may, after a hearing and in its discretion, upon
11 substantial evidence, which may include hearsay or the
12 declaration of the prosecutor that a witness or victim has been
13 intimidated or is reasonably likely to be intimidated, issue
14 protective orders, including, but not limited to, the following:
15 (1) An order that a defendant not violate any provision
16 of this subchapter or section 2709 (relating to harassment)
1 or 2709.1 (relating to stalking).
2 (2) An order that a person other than the defendant,
3 including, but not limited to, a subpoenaed witness, not
4 violate any provision of this subchapter.
5 (3) An order that any person described in paragraph (1)
6 or (2) maintain a prescribed geographic distance from any
7 specified witness or victim.
8 (4) An order that any person described in paragraph (1)
9 or (2) have no communication whatsoever with any specified
10 witness or victim, except through an attorney under such
11 reasonable restrictions as the court may impose.
12 (b) Temporary orders.--Upon the filing of a petition for a
13 protective order, if the court determines that the victim or
14 witness is in immediate and present danger, the court shall
15 conduct an ex parte proceeding and may enter a temporary order
16 as it deems necessary to protect the victim or witness. The
17 order shall remain in effect until modified or terminated by the
18 court after notice and hearing, which shall be held within ten
19 business days of the filing of a petition.
20 Section 2. This act shall take effect in 60 days.
J3L18MSP/20070H1985B2769 - 2 -