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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, TARTAGLIONE, ORIE, RAFFERTY, WASHINGTON, M. WHITE, COSTA, EARLL, BAKER, BOSCOLA, WILLIAMS AND FARNESE, JANUARY 31, 2011 |
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| REFERRED TO JUDICIARY, JANUARY 31, 2011 |
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| AN ACT |
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1 | Establishing the Judicial Education Program in Domestic |
2 | Violence; and requiring judges to attend and successfully |
3 | complete the program. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Domestic |
8 | Violence Judicial Education Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Abuse." The occurrence of any of the following acts between |
14 | family or household members, sexual or intimate partners or |
15 | individuals who share biological parenthood: |
16 | (1) Intentionally, knowingly or recklessly causing or |
17 | attempting to cause bodily injury, serious bodily injury, |
18 | rape, sexual assault or involuntary deviate sexual |
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1 | intercourse. |
2 | (2) Placing by physical menace another in fear of |
3 | imminent serious bodily injury. |
4 | (3) An offense under 18 Pa.C.S. § 2903 (relating to |
5 | false imprisonment). |
6 | (4) "Serious bodily injury" or "sexual abuse or |
7 | exploitation," as defined in 23 Pa.C.S. § 6303 (relating to |
8 | definitions). |
9 | (5) Knowingly engaging in a course of conduct or |
10 | repeatedly committing acts toward another person, including |
11 | following the person, without proper authority, under |
12 | circumstances which place the person in reasonable fear of |
13 | bodily injury. |
14 | "Domestic violence." Abuse or other violent acts which occur |
15 | between family or household members. |
16 | "Family or household members." Spouses or individuals who |
17 | have been spouses, individuals living as spouses or who lived as |
18 | spouses, parents and children, other persons related by |
19 | consanguinity or affinity, current or former sexual or intimate |
20 | partners and individuals who share biological parenthood. |
21 | "Governing authority." As defined in 42 Pa.C.S. § 102 |
22 | (relating to definitions). |
23 | "Judge." Includes a justice of the Supreme Court, a judge of |
24 | a community court, Pittsburgh Magistrates Court, Philadelphia |
25 | Municipal Court and a senior judge. |
26 | "Program." The Judicial Education Program in Domestic |
27 | Violence. |
28 | Section 3. Program established. |
29 | (a) Establishment.--There is established a Judicial |
30 | Education Program in Domestic Violence, to be attended and |
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1 | successfully completed by each judge and to be administered by |
2 | the governing authority. |
3 | (b) Governing authority.--The governing authority shall do |
4 | all of the following: |
5 | (1) Establish and administer a course of study and |
6 | training for judges in domestic violence, to be at least 20 |
7 | hours in length. |
8 | (2) Establish the minimum qualifications for |
9 | instructors. |
10 | (3) Consult, cooperate and contract with universities, |
11 | colleges, law schools and mental health and health care |
12 | professionals regarding the development of education courses |
13 | in the program and the teaching of those courses. |
14 | Section 4. Judicial education regarding domestic violence |
15 | required. |
16 | Each judge and district justice shall be required to attend |
17 | and successfully complete the program. |
18 | Section 10. Effective date. |
19 | This act shall take effect in 180 days. |
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