PRINTER'S NO. 3581
No. 2602 Session of 1990
INTRODUCED BY HAYDEN, COY, COHEN, MAIALE, VAN HORNE,
CALTAGIRONE, DEMPSEY, BLAUM, HASAY, G. SNYDER, McHALE,
PRESSMANN, ARGALL, JOHNSON, RYBAK, CAPPABIANCA, LEVDANSKY,
JADLOWIEC, BELFANTI, TRELLO, LINTON, McNALLY, BATTISTO,
CORRIGAN, EVANS, BILLOW, TIGUE, DeWEESE, WOGAN, FREEMAN,
NAHILL, KOSINSKI, JAMES AND WILLIAMS, MAY 29, 1990
REFERRED TO COMMITTEE ON JUDICIARY, MAY 29, 1990
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for violation of
3 protective orders.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4955 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 4955. Violation of orders.
9 (a) Punishment.--Any person violating any order made
10 pursuant to section 4954 (relating to protective orders) may be
11 punished in any of the following ways:
12 (1) For any substantive offense described in this
13 subchapter, where such violation of an order is a violation
14 of any provision of this subchapter.
15 (2) As a contempt of the court making such order. No
16 finding of contempt shall be a bar to prosecution for a
1 substantive offense under section 4952 (relating to
2 intimidation of witnesses or victims) or 4953 (relating to
3 retaliation against witness or victim), but:
4 (i) any person so held in contempt shall be entitled
5 to credit for any punishment imposed therein against any
6 sentence imposed on conviction of said substantive
7 offense; and
8 (ii) any conviction or acquittal for any substantive
9 offense under this title shall be a bar to subsequent
10 punishment for contempt arising out of the same act.
11 (3) By revocation of any form of pretrial release, or
12 the forfeiture of bail and the issuance of a bench warrant
13 for the defendant's arrest or remanding him to custody.
14 Revocation may, after hearing and on substantial evidence, in
15 the sound discretion of the court, be made whether the
16 violation of order complained of has been committed by the
17 defendant personally or was caused or encouraged to have been
18 committed by the defendant.
19 (b) Arrest.--An arrest for violation of an order issued
20 pursuant to section 4954 may be without warrant upon probable
21 cause whether or not the violation is committed in the presence
22 of a law enforcement officer. The law enforcement officer may
23 verify, if necessary, the existence of a protection order by
24 telephone or radio communication with the appropriate police
25 department.
26 (c) Arraignment.--Subsequent to an arrest, the defendant
27 shall be taken without unnecessary delay before the court that
28 issued the order. When that court is unavailable, the defendant
29 shall be arraigned before a district justice or, in cities of
30 the first class, a Philadelphia Municipal Court Judge, in
19900H2602B3581 - 2 -
1 accordance with the Pennsylvania Rules of Criminal Procedure.
2 Section 2. This act shall take effect immediately.
D30L18WMB/19900H2602B3581 - 3 -