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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, KITCHEN, FONTANA, RAFFERTY, ERICKSON, FOLMER, ORIE, BROWNE, ARGALL, BAKER, ALLOWAY, BRUBAKER, PILEGGI, BREWSTER AND BOSCOLA, JANUARY 12, 2011 |
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| REFERRED TO JUDICIARY, JANUARY 12, 2011 |
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| AN ACT |
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1 | Providing for the protection of victims of sexual violence, for |
2 | duties of law enforcement agencies, for procedure and for |
3 | penalties. |
4 | TABLE OF CONTENTS |
5 | Section 1. Short title. |
6 | Section 2. Findings and purpose. |
7 | Section 3. Definitions. |
8 | Section 4. Responsibilities of law enforcement agencies. |
9 | Section 5. Commencement of proceedings. |
10 | Section 6. Hearings. |
11 | Section 7. Relief. |
12 | Section 8. Service of orders. |
13 | Section 9. Emergency relief by minor judiciary. |
14 | Section 10. Sexual assault counselor. |
15 | Section 11. Disclosure of addresses. |
16 | Section 12. Arrest for violation of order. |
17 | Section 13. Private criminal complaints for violation of order. |
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1 | Section 14. Contempt for violation of order. |
2 | Section 15. Civil contempt or modification for violation of an |
3 | order. |
4 | Section 16. Confidentiality. |
5 | Section 17. Procedure and other remedies. |
6 | Section 18. Applicability. |
7 | Section 19. Effective date. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Short title. |
11 | This act shall be known and may be cited as the Sexual |
12 | Violence Victim Protection Act. |
13 | Section 2. Findings and purpose. |
14 | The General Assembly finds and declares that: |
15 | (1) Sexual violence is the most heinous crime against a |
16 | person other than murder. |
17 | (2) Sexual violence inflicts humiliation, degradation |
18 | and terror on the victim. |
19 | (3) According to the Department of Justice, someone is |
20 | sexually assaulted every two minutes in the United States. |
21 | (4) Rape is recognized as one of the most underreported |
22 | crimes, and studies indicate that only one in three rapes is |
23 | reported to law enforcement. |
24 | (5) Victims of sexual violence desire safety and |
25 | protection from future interactions with their offender, |
26 | regardless of whether they seek criminal prosecution. |
27 | (6) This act provides the victim with a civil remedy |
28 | requiring the offender to stay away from the victim, as well |
29 | as other appropriate relief. |
30 | Section 3. Definitions. |
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1 | The following words and phrases when used in this act shall |
2 | have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Confidential communications." As defined in 42 Pa.C.S. § |
5 | 5945.1 (relating to confidential communications with sexual |
6 | assault counselors). |
7 | "Coparticipant." As defined in 42 Pa.C.S. § 5945.1 (relating |
8 | to confidential communications with sexual assault counselors). |
9 | "Court." The court or magisterial district judge having |
10 | jurisdiction over the matter under 42 Pa.C.S. (relating to |
11 | judiciary and judicial procedure) exercised as provided in 42 |
12 | Pa.C.S. or as otherwise provided or prescribed by law. |
13 | "Hearing officer." A magisterial district judge, judge of |
14 | the Philadelphia Municipal Court, bail commissioner appointed |
15 | under 42 Pa.C.S. § 1123 (relating to jurisdiction and venue) or |
16 | master appointed under 42 Pa.C.S. § 1126 (relating to masters). |
17 | "Master for emergency relief." A member of the bar of the |
18 | Commonwealth appointed under section 9(e). |
19 | "Protection order" or "order." A sexual violence victim |
20 | protection order issued under this act. |
21 | "Rape crisis center." As defined in 42 Pa.C.S. § 5945.1 |
22 | (relating to confidential communications with sexual assault |
23 | counselors). |
24 | "Sexual assault counselor." As defined in 42 Pa.C.S. § |
25 | 5945.1 (relating to confidential communications with sexual |
26 | assault counselors). |
27 | "Sexual violence." Conduct constituting a crime under 18 |
28 | Pa.C.S. § 2709(a)(4) (relating to harassment), 18 Pa.C.S. Ch.31 |
29 | (relating to sexual offenses) or 18 Pa.C.S. § 5901 (relating to |
30 | open lewdness) between persons who are not family or household |
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1 | members, who are not sexual or intimate partners, or who do not |
2 | share biological parenthood. |
3 | "Sheriff." The sheriff of a county or in a city of the first |
4 | class, the chief or head of the police department. |
5 | "Victim." A person who is the victim of sexual violence. |
6 | Section 4. Responsibilities of law enforcement agencies. |
7 | (a) General rule.--The police department of each municipal |
8 | corporation, the Pennsylvania State Police and the sheriff of |
9 | each county shall ensure that all their officers, deputies and |
10 | employees are familiar with the provisions of this act. |
11 | Instruction concerning sexual violence victim protection orders |
12 | shall be made a part of the training curriculum for all trainee |
13 | officers and deputies. All law enforcement agencies shall adopt |
14 | a written policy regarding sexual violence victim protection |
15 | orders. |
16 | (b) Notice of arrest.--The police department of each |
17 | municipal corporation and the Pennsylvania State Police shall |
18 | make reasonable efforts to notify any person protected by an |
19 | order issued under this act of the arrest of the defendant for |
20 | violation of an order as soon as possible. Unless the person |
21 | cannot be located, notice of the arrest shall be provided not |
22 | more than 24 hours after preliminary arraignment. |
23 | Section 5. Commencement of proceedings. |
24 | (a) General rule.--An action for a sexual violence victim |
25 | protection order may be commenced by filing a petition with the |
26 | court requesting protection from the defendant. A parent or |
27 | guardian may file on behalf of a victim. |
28 | (b) No prepayment of fees.--The petition shall be filed and |
29 | service shall be made without the prepayment of fees. |
30 | (c) Assessment of fees and costs.-- |
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1 | (1) (i) No plaintiff seeking relief under this act |
2 | shall be charged any fees or costs associated with the |
3 | filing, issuance, registration or service of a petition, |
4 | motion, complaint, order or any other filing. Prohibited |
5 | fees or costs shall include, but are not limited to, |
6 | those associated with modifying, withdrawing, dismissing |
7 | or certifying copies of a petition, motion, complaint, |
8 | order or any other filing, as well as any judicial |
9 | surcharge or computer system fee. |
10 | (ii) No plaintiff seeking relief under this act |
11 | shall be charged any fees or costs associated with filing |
12 | a motion for reconsideration or an appeal from any order |
13 | or action taken under this act. |
14 | (2) When an order is granted under this act, fees and |
15 | costs shall be assessed against the defendant. The court |
16 | shall waive fees and costs upon a showing of good cause or |
17 | when the court makes a finding that the defendant is not able |
18 | to pay the fees and costs. |
19 | (3) Nothing in this subsection is intended to expand or |
20 | diminish the court's authority to enter an order under |
21 | Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of |
22 | Documents. Representations to the Court. Violation). |
23 | (d) Service.-- |
24 | (1) The court shall adopt a means of prompt and |
25 | effective service. If the court so orders, the sheriff or |
26 | another court-designated agency or individual shall serve the |
27 | petition and protection order. The petition and protection |
28 | order shall be served upon the defendant, and the order shall |
29 | be served upon the police departments and sheriff with |
30 | appropriate jurisdiction to enforce the order. An order also |
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1 | shall be promptly served on the district attorney's office. |
2 | (2) Failure to serve the police department, sheriff or |
3 | district attorney's office shall not stay the effect of a |
4 | valid order. |
5 | (e) Assistance and advice to plaintiff.--The courts and |
6 | hearing officers shall: |
7 | (1) Provide simplified forms and clerical assistance in |
8 | English and Spanish to help with the writing and filing of |
9 | the petition for a sexual violence protection order for an |
10 | individual not represented by counsel. |
11 | (2) Provide the plaintiff with written and oral |
12 | referrals, in English and Spanish, to local sexual assault |
13 | services, to the local legal services office and to the |
14 | county bar association's lawyer referral service. |
15 | Section 6. Hearings. |
16 | (a) General rule.--Within ten days of the filing of a |
17 | petition under this act, an expedited hearing shall be held |
18 | before the court, at which the plaintiff must prove the need for |
19 | protection from the defendant by a preponderance of the |
20 | evidence. The court shall, at the time the defendant is given |
21 | notice of the hearing, advise the defendant of the right to be |
22 | represented by counsel. |
23 | (b) Temporary orders.--If a plaintiff petitions for a |
24 | temporary protection order for protection from an immediate and |
25 | present danger, the court shall conduct an ex parte proceeding. |
26 | The court may enter such a temporary order as it deems necessary |
27 | to protect the plaintiff when it finds the plaintiff is in |
28 | immediate and present danger. The temporary order shall remain |
29 | in effect until modified or terminated by the court after notice |
30 | and hearing. |
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1 | (c) Continued hearings.--If a hearing under subsection (a) |
2 | is continued and no temporary protection order is issued, the |
3 | court may make ex parte temporary orders under subsection (b), |
4 | as it deems necessary. |
5 | Section 7. Relief. |
6 | (a) Order or consent agreement.--The court may issue a |
7 | protection order or approve a consent agreement to protect the |
8 | plaintiff from the defendant. |
9 | (b) General rule.--A protection order or consent agreement |
10 | may include: |
11 | (1) Prohibiting the defendant from having any contact |
12 | with the plaintiff, including, but not limited to, |
13 | restraining the defendant from entering the plaintiff's |
14 | residence, place of employment, business or school. This may |
15 | include prohibiting indirect contact through third parties. |
16 | (2) Directing the defendant to refrain from harassing or |
17 | stalking the plaintiff and other designated persons as |
18 | defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and |
19 | 2709.1 (relating to stalking). |
20 | (3) Granting any other appropriate relief sought by the |
21 | plaintiff. |
22 | (c) Duration and amendment of order or agreement.--A |
23 | protection order or an approved consent agreement shall be for a |
24 | fixed period of time not to exceed 36 months. |
25 | (d) Extension of protection orders.-- |
26 | (1) An extension of a protection order may be granted: |
27 | (i) Where the court finds, after a duly filed |
28 | petition, notice to the defendant and a hearing, in |
29 | accordance with the procedures set forth in sections 5 |
30 | and 6, that the protection is necessary because the |
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1 | defendant engaged in one or more acts that indicate |
2 | continued risk of harm to the plaintiff. |
3 | (ii) When a contempt petition or charge has been |
4 | filed with the court or, in a county of the first class, |
5 | a hearing officer, but the hearing has not occurred |
6 | before the expiration of the protection order, the order |
7 | shall be extended, at a minimum, until the disposition of |
8 | the contempt petition. |
9 | (2) Service of an extended protection order shall be |
10 | made in accordance with sections 5(d) and 8. |
11 | (3) There shall be no limitation on the number of |
12 | extensions that may be granted. |
13 | (e) Notice.--Notice shall be given to the defendant stating |
14 | that violations of the protection order will subject the |
15 | defendant to arrest under section 12 or contempt of court under |
16 | section 14. |
17 | (f) Incarceration.--When the defendant is incarcerated and |
18 | about to be released or has recently been released from |
19 | incarceration, a plaintiff does not need to show that the |
20 | defendant engaged in one or more acts that indicate continued |
21 | risk of harm to the plaintiff in order to obtain an extension or |
22 | a subsequent protection order under this act. |
23 | Section 8. Service of orders. |
24 | A copy of a protection order shall be issued to the |
25 | plaintiff, the defendant and the police department with |
26 | appropriate jurisdiction to enforce the order in accordance with |
27 | the provisions of this act or as ordered by the court or hearing |
28 | officer. |
29 | Section 9. Emergency relief by minor judiciary. |
30 | (a) General rule.--When: |
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1 | (1) in counties with fewer than four judges, the court |
2 | is unavailable: |
3 | (i) from the close of business at the end of each |
4 | day to the resumption of business the next morning; |
5 | (ii) from the end of the business week to the |
6 | beginning of the business week; and |
7 | (iii) during the business day by reason of duties |
8 | outside the county, illness or vacation; |
9 | (2) in counties with at least four judges, the court is |
10 | unavailable: |
11 | (i) from the close of business at the end of each |
12 | day to the resumption of business the next morning; and |
13 | (ii) from the end of the business week to the |
14 | beginning of the business week; |
15 | a petition may be filed before a hearing officer who may grant |
16 | relief in accordance with section 7 if the hearing officer deems |
17 | it necessary to protect the plaintiff upon good cause shown in |
18 | an ex parte proceeding. Immediate and present danger to the |
19 | plaintiff shall constitute good cause for the purposes of this |
20 | subsection. |
21 | (b) Expiration of order.--A protection order issued under |
22 | subsection (a) shall expire at the end of the next business day |
23 | the court deems itself available. The court shall schedule |
24 | hearings on orders entered by hearing officers under subsection |
25 | (a) and shall review and continue in effect protection orders |
26 | that are necessary to protect the plaintiff until the hearing, |
27 | at which time the plaintiff may seek a temporary protection |
28 | order from the court. |
29 | (c) Certification of order to court.--An emergency |
30 | protection order issued under this section and any documentation |
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1 | in support thereof shall be immediately certified to the court. |
2 | The certification to the court shall have the effect of |
3 | commencing proceedings under section 5 and invoking the other |
4 | provisions of this act. If it is not already alleged in a |
5 | petition for an emergency order, the plaintiff shall file a |
6 | verified statement setting forth the reasons for the need for |
7 | protection at least five days prior to the hearing. Service of |
8 | the verified statement shall be made subject to section 5(d). |
9 | (d) Instructions regarding the commencement of |
10 | proceedings.--Upon issuance of an emergency protection order, |
11 | the hearing officer shall provide the plaintiff instructions |
12 | regarding the commencement of proceedings in the court at the |
13 | beginning of the next business day and regarding the procedures |
14 | for initiating a contempt charge should the defendant violate |
15 | the emergency protection order. The hearing officer shall also |
16 | advise the plaintiff of the existence of rape crisis centers in |
17 | the county or in nearby counties and inform the plaintiff of the |
18 | availability of legal assistance without cost if the plaintiff |
19 | is unable to pay for them. |
20 | (e) Master of emergency relief.--The president judge of a |
21 | court of common pleas of a judicial district may, with the |
22 | approval of the Administrative Office of Pennsylvania Courts, |
23 | provide for the selection and appointment of a master for |
24 | emergency relief on a full-time or part-time basis. The number |
25 | of masters for emergency relief shall be fixed by the president |
26 | judge with the approval of the Administrative Office of |
27 | Pennsylvania Courts. The compensation of a master for emergency |
28 | relief shall be fixed and paid by the county. |
29 | Section 10. Sexual assault counselor. |
30 | A sexual assault counselor may accompany and provide |
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1 | assistance to a plaintiff in any legal proceeding or hearing |
2 | under this act. |
3 | Section 11. Disclosure of addresses. |
4 | (a) General rule.--During the course of a proceeding under |
5 | this act, the court or hearing officer may consider whether the |
6 | plaintiff is endangered by disclosure of the permanent or |
7 | temporary address of the plaintiff. The court shall consider the |
8 | wishes of the plaintiff regarding the disclosure of the address. |
9 | Neither in the pleadings nor during proceedings or hearings |
10 | under this act shall the court or hearing officer require |
11 | disclosure of the address of a rape crisis center. |
12 | (b) Order.--Where the court concludes that the defendant |
13 | poses a threat of continued danger to the plaintiff and where |
14 | the plaintiff requests that the address, telephone number and |
15 | information about the plaintiff's whereabouts not be disclosed, |
16 | the court shall enter an order directing that law enforcement |
17 | agencies, human service agencies and school districts shall not |
18 | disclose the presence of the plaintiff in the jurisdiction or |
19 | district or furnish any address, telephone number or any other |
20 | demographic information about the plaintiff except by further |
21 | order of the court. |
22 | Section 12. Arrest for violation of order. |
23 | (a) General rule.--An arrest for a violation of a protection |
24 | order or court-approved consent agreement issued under this act |
25 | may be without warrant upon probable cause, whether or not the |
26 | violation is committed in the presence of the police officer or |
27 | sheriff, in circumstances where the defendant has violated a |
28 | provision of a protection order consistent with section 7. The |
29 | police officer or sheriff may verify the existence of a |
30 | protection order by telephone, radio or other electronic |
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1 | communication with the appropriate police department or issuing |
2 | authority. A police officer or sheriff shall arrest a defendant |
3 | for violating a protection order by a court within the judicial |
4 | district or issued by a court in another judicial district |
5 | within this Commonwealth. |
6 | (b) Procedure following arrest.-- |
7 | (1) Subsequent to an arrest, the defendant shall be |
8 | taken by the police officer or sheriff without unnecessary |
9 | delay before the court in the judicial district where the |
10 | contempt is alleged to have occurred. |
11 | (2) When that court is unavailable, the police officer |
12 | or sheriff shall convey the defendant to a magisterial |
13 | district judge designated as appropriate by local rules of |
14 | court or, in counties of the first class, to the appropriate |
15 | hearing officer. |
16 | (c) Preliminary arraignment.--The defendant shall be |
17 | afforded a preliminary arraignment without unnecessary delay. |
18 | (d) Other emergency powers unaffected.--This section shall |
19 | not be construed to in any way limit any of the other powers for |
20 | emergency relief provided under this act. |
21 | (e) Hearing.--An expedited hearing shall be scheduled within |
22 | ten days of the filing of the charge or complaint of indirect |
23 | criminal contempt. The hearing and any adjudication shall not |
24 | preclude a hearing on other criminal charges underlying the |
25 | contempt, nor shall a hearing or adjudication on other criminal |
26 | charges preclude a hearing on a charge of indirect criminal |
27 | contempt. |
28 | Section 13. Private criminal complaints for violation of order. |
29 | (a) General rule.--A plaintiff may file a private criminal |
30 | complaint against a defendant, alleging indirect criminal |
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1 | contempt for a violation of any provision of a protection order |
2 | or court-approved consent agreement issued under this act, with |
3 | the court, the office of the district attorney or the |
4 | magisterial district judge in the jurisdiction or county where |
5 | the violation occurred. |
6 | (b) Procedure service.--Procedure for filing and service of |
7 | a private criminal complaint shall be provided as set forth by |
8 | local rule. |
9 | (c) Fees and costs.-- |
10 | (1) No fees or costs associated with the prosecution of |
11 | the private criminal complaint shall be assigned to the |
12 | plaintiff, including, but not limited to, filing, service, |
13 | failure to prosecute, withdrawal or dismissal. |
14 | (2) (i) After a finding of indirect criminal contempt, |
15 | fees and costs may be assigned against the defendant. |
16 | (ii) The court shall waive fees and costs imposed |
17 | under this act upon a showing of good cause or if the |
18 | court makes a finding that the defendant is not able to |
19 | pay the costs associated with the indirect criminal |
20 | contempt action. |
21 | (3) Nothing in this subsection shall be construed to |
22 | expand or diminish the court's authority to enter an order |
23 | under Pa.R.C.P. No.1023.1 (relating to Scope. Signing of |
24 | Documents. Representation to Court. Violation). |
25 | Section 14. Contempt for violation of order. |
26 | (a) General rule.--Where the police department, sheriff or |
27 | the plaintiff has filed charges of indirect criminal contempt |
28 | against a defendant for violation of a protection order or |
29 | court-approved agreement entered into under this act, the court |
30 | may hold the defendant in indirect criminal contempt and punish |
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1 | the defendant in accordance with law. |
2 | (b) Jurisdiction.--A court shall have jurisdiction over |
3 | indirect criminal contempt charges for violation of a protection |
4 | order in the county where the violation occurred. |
5 | (c) Minor defendant.--Any defendant who is a minor and who |
6 | is charged with indirect criminal contempt for allegedly |
7 | violating a protection order shall be considered to have |
8 | committed an alleged delinquent act as that term is defined in |
9 | 42 Pa.C.S. § 6302 (relating to definitions) and shall be treated |
10 | as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile matters). |
11 | (d) Trial and punishment.-- |
12 | (1) Notwithstanding 42 Pa.C.S. § 4136(a) (relating to |
13 | rights of persons charged with certain indirect criminal |
14 | contempts), the defendant shall not have the right to a jury |
15 | trial; however, the defendant shall be entitled to counsel. |
16 | (2) A sentence for indirect criminal contempt under this |
17 | act may include: |
18 | (i) A fine of not less than $300 nor more than |
19 | $1,000 or imprisonment for a period not exceeding six |
20 | months, or both. |
21 | (ii) A fine of not less than $300 nor more than |
22 | $1,000 or supervised probation for a period not exceeding |
23 | six months, or both. |
24 | (iii) An order for any other relief provided for |
25 | under this act. |
26 | (3) Upon conviction for indirect criminal contempt and |
27 | at the request of the plaintiff, the court shall also grant |
28 | an extension of the protection order for an additional term. |
29 | (4) Upon conviction for indirect criminal contempt, the |
30 | court shall notify the sheriff of the jurisdiction which |
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1 | issued the protection order of the conviction. |
2 | (e) Notification upon release.-- |
3 | (1) The appropriate releasing authority or other |
4 | official as designated by local rule shall use all reasonable |
5 | means to notify the victim sufficiently in advance of the |
6 | release of the offender from any incarceration imposed under |
7 | subsection (d). Notification shall be required for work |
8 | release, furlough, medical leave, community service, |
9 | discharge, escape and recapture. Notification shall include |
10 | the terms and conditions imposed on any temporary release |
11 | from custody. |
12 | (2) The plaintiff must keep the appropriate releasing |
13 | authority or other official as designated by local rule |
14 | advised of contact information; failure to do so will |
15 | constitute waiver of any right to notification under this |
16 | section. |
17 | (f) Multiple remedies.--Disposition of a charge of indirect |
18 | criminal contempt shall not preclude the prosecution of other |
19 | criminal charges associated with the incident giving rise to the |
20 | contempt, nor shall disposition of other criminal charges |
21 | preclude prosecution of indirect criminal contempt associated |
22 | with the criminal conduct giving rise to the charges. |
23 | Section 15. Civil contempt or modification for violation of an |
24 | order. |
25 | (a) General rule.--A plaintiff may file a petition for civil |
26 | contempt with the issuing court alleging that the defendant has |
27 | violated any provision of a protection order or court-approved |
28 | agreement entered into under this act. |
29 | (b) Civil contempt order.--Upon finding of a violation of a |
30 | protection order, the court, either pursuant to petition for |
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1 | civil contempt or on its own accord, may hold the defendant in |
2 | civil contempt and constrain the defendant in accordance with |
3 | law. |
4 | (c) Sentencing.--A sentence for civil contempt under this |
5 | act may include imprisonment until the defendant complies with |
6 | provisions of the order or demonstrates the intent to do so, but |
7 | in no case shall a term of imprisonment under this section |
8 | exceed a period of six months. |
9 | (d) Jury trial and counsel.--Notwithstanding 42 Pa.C.S. § |
10 | 4136(a) (relating to rights of persons charged with certain |
11 | indirect criminal contempts), the defendant shall not have a |
12 | right to a jury trial; however, the defendant shall be entitled |
13 | to counsel. |
14 | Section 16. Confidentiality. |
15 | (a) Nature of privilege.-- |
16 | (1) Unless a victim waives the privilege in a signed |
17 | writing prior to testimony or disclosure, a sexual assault |
18 | counselor or a coparticipant who is present during sexual |
19 | assault counseling or advocacy shall not be competent nor |
20 | permitted to testify, release the records of or to otherwise |
21 | disclose confidential communications made to or by the |
22 | counselor by or to a victim. |
23 | (2) Neither the sexual assault counselor nor the victim |
24 | shall waive the privilege of confidential communications by |
25 | reporting facts of physical or sexual violence under 23 |
26 | Pa.C.S. Ch. 63 (relating to child protective services), a |
27 | Federal or State mandatory reporting statute or a local |
28 | mandatory reporting ordinance. |
29 | (b) Definition.--As used in this section, the term "victim" |
30 | is a person against whom sexual violence is committed who |
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1 | consults a sexual assault counselor for the purpose of securing |
2 | advice, counseling or assistance. The term also includes a |
3 | person who has a significant relationship with the victim and |
4 | who seeks advice, counseling or assistance from a sexual assault |
5 | counselor regarding the victim. |
6 | Section 17. Procedure and other remedies. |
7 | Unless otherwise indicated under this act, a proceeding under |
8 | this act shall be in accordance with applicable general rules |
9 | and shall be in addition to any other available civil or |
10 | criminal remedies. The plaintiff may seek modification of a |
11 | protection order issued under section 7 at any time during the |
12 | pendency of the order, but a court may not sua sponte modify the |
13 | order. Modification may be ordered after the filing of a |
14 | petition for modification, service of the petition, and a |
15 | hearing on the petition. |
16 | Section 18. Applicability. |
17 | The provisions of the following acts relating to victims who |
18 | are protected by an order issued under 23 Pa.C.S. Ch. 61 shall |
19 | apply also to victims who are protected by an order issued under |
20 | this act: |
21 | (1) The act of November 24, 1998 (P.L.882, No.111), |
22 | known as the Crime Victims Act. |
23 | (2) 23 Pa.C.S. Ch. 67. |
24 | Section 19. Effective date. |
25 | This act shall take effect in 180 days. |
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