Bill Text: PA HB1575 | 2011-2012 | Regular Session | Introduced

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Bill Title: In protection from abuse, further providing for hearings.

Spectrum: Slight Partisan Bill (Republican 14-6)

Status: (Introduced - Dead) 2011-06-29 - Referred to JUDICIARY [HB1575 Detail]

Download: Pennsylvania-2011-HB1575-Introduced.html

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PRINTER'S NO. 2246
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1575 Session of2011
INTRODUCED BY CREIGHTON, AUMENT, BOYD, CALTAGIRONE, GEIST, GINGRICH, GODSHALL, MOUL, MURT, QUINN AND TAYLOR, JUNE 29, 2011
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 29, 2011
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for hearings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6107(b) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6107. Hearings.
* * *
(b) Temporary orders.--
(1) If a plaintiff petitions for temporary order for
protection from abuse and alleges immediate and present
danger of abuse to the plaintiff or minor children, the court
shall conduct an ex parte proceeding.
(2) The court may enter such a temporary order as it
deems necessary to protect the plaintiff or minor children
when it finds they are in immediate and present danger of
abuse. The order shall remain in effect until modified or
terminated by the court after notice and hearing. The court
shall hold a hearing in accordance with subsection (a) within
ten business days of the issuance of a temporary order.
(3) In addition to any other relief, the court may,
pursuant to section 6108 (relating to relief), direct that
the defendant temporarily relinquish to the sheriff any
firearms, other weapons or ammunition for the duration of the
temporary order if the petition demonstrates any of the
following:
(i) Abuse which involves a firearm or other weapon.
(ii) An immediate and present danger of abuse. In
determining whether an immediate and present danger of
abuse exists, the court shall consider a number of
factors, including, but not limited to:
(A) Whether the temporary order of protection
from abuse is not likely to achieve its purpose in
the absence of such a condition.
(B) Whether the defendant has previously
violated a protection from abuse order.
(C) Whether past or present abuse to the
plaintiff or any of the plaintiff's minor children
resulted in injury.
(D) Whether the abuse occurred in public.
(E) Whether the abuse includes:
(I) threats of abuse or suicide;
(II) killing or threatening to kill pets;
(III) an escalation of violence;
(IV) stalking or obsessive behavior;
(V) sexual violence; or
(VI) drug or excessive alcohol use.
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(4) If the court orders the defendant to temporarily
relinquish any firearm, other weapon or ammunition pursuant
to paragraph (3), the defendant shall decide in what manner
the defendant is going to relinquish any firearm, other
weapon or ammunition listed in the order. Relinquishment may
be to the sheriff pursuant to section 6108(a)(7) or to a
third party for safekeeping pursuant to section 6108.3
(relating to relinquishment to third party for safekeeping).
(5) Any ex parte order issued under this section shall
be void ten days after its date unless a full hearing, with
opportunity to present witnesses, has occurred or been
offered to the respondent. The scheduling of a hearing within
ten days to be held beyond the ten-day period shall not be
considered in compliance with this section.
(6) If an order is rendered void for failure to conduct
the required hearing within ten days, no further proceedings
shall be held on the petition, nor shall any person attempt
to enforce the order, nor shall any further petition based
upon the same facts and circumstances be entertained by the
court.
* * *
Section 2. The amendment of 23 Pa.C.S. § 6107(b) applies to
petitions filed on or after the effective date of this act.
Section 3. This act shall take effect in 60 days.
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