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 -