PRINTER'S NO. 2138
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1389
Session of
2015
INTRODUCED BY BROWNE, COSTA, VULAKOVICH, HUGHES, MENSCH,
RAFFERTY, FONTANA, HAYWOOD, TARTAGLIONE, FARNESE AND TEPLITZ,
OCTOBER 17, 2016
REFERRED TO JUDICIARY, OCTOBER 17, 2016
AN ACT
Establishing the Judicial Education Program in Domestic
Violence; and requiring judges to attend and successfully
complete the program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Domestic
Violence Judicial Education Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abuse." The occurrence of any of the following acts between
family or household members, sexual or intimate partners or
individuals who share biological parenthood:
(1) Intentionally, knowingly or recklessly causing or
attempting to cause bodily injury, serious bodily injury,
rape, sexual assault or involuntary deviate sexual
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intercourse.
(2) Placing by physical menace another in fear of
imminent serious bodily injury.
(3) An offense under 18 Pa.C.S. § 2903 (relating to
false imprisonment).
(4) "Serious bodily injury" or "sexual abuse or
exploitation," as defined in 23 Pa.C.S. § 6303 (relating to
definitions).
(5) Knowingly engaging in a course of conduct or
repeatedly committing acts toward another person, including
following the person, without proper authority, under
circumstances which place the person in reasonable fear of
bodily injury.
"Domestic violence." Abuse or other violent acts which occur
between family or household members.
"Family or household members." Spouses or individuals who
have been spouses, individuals living as spouses or who lived as
spouses, parents and children, other persons related by
consanguinity or affinity, current or former sexual or intimate
partners and individuals who share biological parenthood.
"Governing authority." As defined in 42 Pa.C.S. § 102
(relating to definitions).
"Judge." Includes a justice of the Supreme Court, a judge of
a community court, Pittsburgh Magistrates Court or Philadelphia
Municipal Court, a senior judge and a magisterial district
judge.
"Program." The Judicial Education Program in Domestic
Violence established under section 3.
Section 3. Program established.
(a) Establishment.--There is established a Judicial
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Education Program in Domestic Violence, to be attended and
successfully completed by each judge and to be administered by
the governing authority.
(b) Governing authority.--The governing authority shall do
all of the following:
(1) Establish and administer a course of study and
training for judges in domestic violence, to be at least 20
hours in length.
(2) Establish the minimum qualifications for
instructors.
(3) Consult, cooperate and contract with universities,
colleges, law schools and mental health and health care
professionals regarding the development of education courses
in the program and the teaching of those courses.
Section 4. Judicial education regarding domestic violence
required.
Each judge shall be required to attend and successfully
complete the program.
Section 5. Effective date.
This act shall take effect in 180 days.
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