SB 500 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for commencement of proceedings.

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500 2017 INTRODUCED BY VULAKOVICH, KILLION, BARTOLOTTA, COSTA, HUGHES, MENSCH, RAFFERTY, RESCHENTHALER,RESCHENTHALER McGARRIGLE, BROOKS AND TARTAGLIONE,McGARRIGLE, MARCH 28, 2017 ASREFERRED REPORTEDTO FROM COMMITTEE ON JUDICIARY, HOUSEMARCH OF28, REPRESENTATIVES,2017 AS AMENDED, OCTOBER 9, 2018 AN ACT AmendingAmeConsolidated Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for commencement of proceedings.

Section 6106(h) of Title 23 of the Pennsylvania <-- Consolidated Statutes is amended to read:

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SECTION 6106(D) OF TITLE 23 OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 6106.

COMMENCEMENT OF PROCEEDINGS.

* * * (A.3) NOTIFICATION OF NEED TO PROTECT PLAINTIFF.--THE PLAINTIFF SHALL NOTIFY THE COURT ANYTIME DURING THE PERIOD COMMENCING UPON FILING THE PETITION AND GRANTING OF AN ORDER OR APPROVING A CONSENT AGREEMENT AT A HEARING HELD UNDER SECTION 6107(A) (RELATING TO HEARINGS) IF THE PLAINTIFF HAS REASON TO BELIEVE THE PLAINTIFF'S SAFETY IS AT RISK.

IN SUCH A CASE, THE COURT SHALL DIRECT THE PENNSYLVANIA STATE POLICE, THE MUNICIPAL POLICE OR THE SHERIFF TO ACCOMPANY THE PLAINTIFF TO THE PLAINTIFF'S RESIDENCE TO RETRIEVE PERSONAL BELONGINGS OR TO ACCOMPANY THE PLAINTIFF WHILE THE PETITION OR ORDER IS SERVED UPON THE DEFENDANT BY THE SHERIFF OR COMPETENT ADULT, AS SET FORTH IN THE PENNSYLVANIA RULES OF CIVIL PROCEDURE.

* * * (D) SURCHARGE ON ORDER.--WHEN A PROTECTION ORDER IS GRANTED UNDER SECTION 6107(A) [(RELATING TO HEARINGS)], OTHER THAN PURSUANT TO AN AGREEMENT OF THE PARTIES, A SURCHARGE OF $100 20170SB0500PN2082 - 2 - SHALL BE ASSESSED AGAINST THE DEFENDANT.

ALL MONEYS RECEIVED FROM SURCHARGES SHALL BE DISTRIBUTED IN THE FOLLOWING ORDER OF PRIORITY:

(1) $25 SHALL BE FORWARDED TO THE COMMONWEALTH AND SHALL BE APPROPRIATED TO THE PENNSYLVANIA STATE POLICE TO ESTABLISH AND MAINTAIN THE STATEWIDE REGISTRY OF PROTECTION ORDERS PROVIDED FOR IN SECTION 6105.

(2) $50 SHALL BE RETAINED BY THE COUNTY AND SHALL BE USED TO CARRY OUT THE PROVISIONS OF THIS CHAPTER AS FOLLOWS:

(I) $25 SHALL BE USED BY THE SHERIFF.

(II) $25 SHALL BE USED BY THE COURT.

(3) $25 SHALL BE FORWARDED TO THE DEPARTMENT OF PUBLIC WELFARE FOR USE FOR VICTIMS OF DOMESTIC VIOLENCE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2333 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.

* * * SECTION 2.

THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

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