PRINTER'S NO. 2020
No. 1445 Session of 2002
INTRODUCED BY GREENLEAF, COSTA, LEMMOND, ORIE, KUKOVICH, O'PAKE, SCHWARTZ, BOSCOLA, CONTI, KASUNIC, LOGAN, MUSTO, STACK, TARTAGLIONE, TOMLINSON, A. WILLIAMS AND C. WILLIAMS, MAY 28, 2002
REFERRED TO JUDICIARY, MAY 28, 2002
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for protection orders for
3 victims of rape, sexual assault and involuntary deviate
4 sexual intercourse.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "abuse" and "victim" in
8 section 6102 of Title 23 of the Pennsylvania Consolidated
9 Statutes are amended to read:
10 § 6102. Definitions.
11 (a) General rule.--The following words and phrases when used
12 in this chapter shall have the meanings given to them in this
13 section unless the context clearly indicates otherwise:
14 "Abuse." [The]
15 (1) Except as provided in paragraph (2), the occurrence
16 of one or more of the following acts between family or
17 household members, sexual or intimate partners or persons who
18 share biological parenthood:
1 [(1)] (i) Attempting to cause or intentionally, 2 knowingly or recklessly causing bodily injury, serious 3 bodily injury, rape, involuntary deviate sexual 4 intercourse, sexual assault, statutory sexual assault, 5 aggravated indecent assault, indecent assault or incest 6 with or without a deadly weapon. 7 [(2)] (ii) Placing another in reasonable fear of 8 imminent serious bodily injury. 9 [(3)] (iii) The infliction of false imprisonment 10 pursuant to 18 Pa.C.S. § 2903 (relating to false 11 imprisonment). 12 [(4)] (iv) Physically or sexually abusing minor 13 children, including such terms as defined in Chapter 63 14 (relating to child protective services). 15 [(5)] (v) Knowingly engaging in a course of conduct 16 or repeatedly committing acts toward another person, 17 including following the person, without proper authority, 18 under circumstances which place the person in reasonable fear 19 of bodily injury. The definition of this [paragraph] 20 subparagraph applies only to proceedings commenced under this 21 title and is inapplicable to any criminal prosecutions 22 commenced under Title 18 (relating to crimes and offenses). 23 (2) The occurrence of one or more of the following 24 between persons who are not family or household members, 25 sexual or intimate partners or persons who share biological 26 parenthood: 27 (i) Rape. 28 (ii) Involuntary deviate sexual intercourse. 29 (iii) Sexual assault. 30 * * * 20020S1445B2020 - 2 -
1 "Victim." A person who is physically or sexually abused by a 2 family or household member or a person who is raped, sexually 3 assaulted or the victim of involuntary deviate sexual 4 intercourse. For purposes of section 6116 (relating to 5 confidentiality), a victim is a person against whom abuse is 6 committed who consults a domestic violence counselor or advocate 7 for the purpose of securing advice, counseling or assistance. 8 The term shall also include persons who have a significant 9 relationship with the victim and who seek advice, counseling or 10 assistance from a domestic violence counselor or advocate 11 regarding abuse of the victim. 12 * * * 13 Section 2. Sections 6105(b) and 6110(d) of Title 23 are 14 amended to read: 15 § 6105. Responsibilities of law enforcement agencies. 16 * * * 17 (b) Notice of services and rights.-- 18 (1) Each law enforcement agency shall provide the abused 19 person, as provided in the definition of "abuse" in section 20 6102(a)(1) (relating to definitions), with oral and written 21 notice of the availability of safe shelter and of domestic 22 violence services in the community, including the hotline 23 number for domestic violence services. The written notice, 24 which shall be in English and Spanish and any additional 25 language required by local rule of court, shall include the 26 following statement: 27 "If you are the victim of domestic violence, you have the 28 right to go to court and file a petition requesting an 29 order for protection from domestic abuse pursuant to the 30 Protection From Abuse Act (23 Pa.C.S. Ch. 61), which 20020S1445B2020 - 3 -
1 could include the following: 2 [(1)] (i) An order restraining the abuser from 3 further acts of abuse. 4 [(2)] (ii) An order directing the abuser to leave 5 your household. 6 [(3)] (iii) An order preventing the abuser from 7 entering your residence, school, business or place of 8 employment. 9 [(4)] (iv) An order awarding you or the other parent 10 temporary custody of or temporary visitation with your 11 child or children. 12 [(5)] (v) An order directing the abuser to pay 13 support to you and the minor children if the abuser has a 14 legal obligation to do so." 15 (2) Each law enforcement agency shall provide the abused 16 person, as provided in the definition of "abuse" in section 17 6102(a)(2), with oral and written notice of the availability 18 of safe shelter and of sexual assault services in the 19 community, including the hotline number for sexual assault 20 services. The written notice, which shall be in English and 21 Spanish and any additional language required by local rule of 22 court, shall include the following statement: 23 "If you are the victim of rape, involuntary deviate 24 sexual intercourse or sexual assault, you have the right 25 to go to court and file a petition requesting an order 26 for protection from abuse pursuant to the Protection From 27 Abuse Act (23 Pa.C.S. Ch. 61), which could include the 28 following: 29 (i) An order restraining the abuser from further 30 acts of abuse. 20020S1445B2020 - 4 -
1 (ii) An order preventing the abuser from entering 2 your residence, school, business or place of employment. 3 (iii) An order directing the abuser to refrain from 4 stalking or harassing you and other designated persons as 5 defined in 18 Pa.C.S. § 2709 (relating to harassment and 6 stalking)." 7 * * * 8 § 6110. Emergency relief by minor judiciary. 9 * * * 10 (d) Instructions regarding the commencement of 11 proceedings.--Upon issuance of an emergency order, the hearing 12 officer shall provide the plaintiff instructions regarding the 13 commencement of proceedings in the court of common pleas at the 14 beginning of the next business day and regarding the procedures 15 for initiating a contempt charge should the defendant violate 16 the emergency order. The hearing officer shall also advise the 17 plaintiff of the existence of programs for victims of domestic 18 violence or victims of rape, sexual assault or involuntary 19 deviate sexual intercourse in the county or in nearby counties 20 and inform the plaintiff of the availability of legal assistance 21 without cost if the plaintiff is unable to pay for them. 22 Section 3. This act shall take effect in 60 days. D10L23JS/20020S1445B2020 - 5 -