SB 313 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for relief.

PRIOR PRINTER'S NO.

327 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1321313 THE2017 GENERALINTRODUCED ASSEMBLYBY OFBOSCOLA, PENNSYLVANIACOSTA, SENATEHUGHES, BILLFONTANA, SessionFARNESE, SCHWANK, BROWNE, MENSCH, BREWSTER, HAYWOOD, TARTAGLIONE, BAKER, BARTOLOTTA, RAFFERTY, RESCHENTHALER AND VULAKOVICH, FEBRUARY 15, 2017 REFERRED TO JUDICIARY, FEBRUARY 15, 2017 AN ACT Amending Title 23 (Domestic Relations) of No.the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for relief and providing for shared telephone plans.

313 2017 INTRODUCED BY BOSCOLA, COSTA, HUGHES, FONTANA, FARNESE, SCHWANK, BROWNE, MENSCH, BREWSTER, HAYWOOD, TARTAGLIONE, BAKER, BARTOLOTTA, RAFFERTY, RESCHENTHALER AND VULAKOVICH, FEBRUARY 15, 2017 SENATOR GREENLEAF, JUDICIARY, AS AMENDED, NOVEMBER 14, 2017 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for relief and providing for shared telephone <-- plans.

Section 6108 of Title 23 of the Pennsylvania <-- Consolidated Statutes is amended by adding a subsection to read:

20170SB0313PN132120170SB0313PN0327 - 2 - (a) General rule.-- (1) A telecommunications service provider shall allow a person who is under a telephone plan contract with the provider and who is a victim of domestic violence involving another person under the same telephone plan contract to opt out of the contract without charge.

(1) provided to the telecommunications service provider 20170SB0313PN132120170SB0313PN0327 - 3 - at the time the request to opt out is made;

SECTION20170SB0313PN0327 1.- 4 -

SECTION 6108(A) OF TITLE 23 OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 6108.

RELIEF.

(A) GENERAL RULE.--THE COURT MAY GRANT ANY PROTECTION ORDER 20170SB0313PN1321 - 4 - OR APPROVE ANY CONSENT AGREEMENT TO BRING ABOUT A CESSATION OF ABUSE OF THE PLAINTIFF OR MINOR CHILDREN.

THE ORDER OR AGREEMENT MAY INCLUDE:

* * * (2.1) GRANTING THE TRANSFER OF AN EXISTING WIRELESS TELEPHONE NUMBER, INCLUDING THE WIRELESS TELEPHONE NUMBERS OF MINOR CHILDREN IN THE CARE OF THE PLAINTIFF, TO THE PLAINTIFF WHEN THE BILLING RESPONSIBILITY FOR AND RIGHTS TO THE WIRELESS TELEPHONE NUMBER BELONG TO THE DEFENDANT AS THE ACCOUNT HOLDER.

THE FOLLOWING APPLY:

(I) THE ORDER SHALL BE A SEPARATE ORDER THAT IS DIRECTED TO THE WIRELESS TELEPHONE SERVICE PROVIDER.

THE ORDER SHALL LIST THE NAME AND BILLING TELEPHONE NUMBER OF THE DEFENDANT, THE NAME AND CONTACT INFORMATION OF THE PLAINTIFF TO WHOM THE WIRELESS TELEPHONE NUMBER WILL BE TRANSFERRED AND THE WIRELESS TELEPHONE NUMBER TO BE TRANSFERRED TO THE PLAINTIFF.

THE COURT SHALL ENSURE THAT THE CONTACT INFORMATION OF THE PLAINTIFF IS NOT PROVIDED TO THE DEFENDANT IN PROCEEDINGS HELD UNDER SECTION 6112 (RELATING TO DISCLOSURE OF ADDRESSES).

(II) THE ORDER SHALL BE SERVED ON THE WIRELESS SERVICE PROVIDER.

THE WIRELESS SERVICE PROVIDER SHALL ESTABLISH PROTOCOLS TO RESPOND TO THE ORDER ISSUED UNDER THIS SUBPARAGRAPH.

(III) IF APPLICABLE, THE WIRELESS SERVICE PROVIDER SHALL NOTIFY THE COURT AND PLAINTIFF WITHIN THREE BUSINESS DAYS OF RECEIPT OF THE ORDER THAT THE WIRELESS SERVICE PROVIDER CANNOT OPERATIONALLY OR TECHNICALLY EFFECTUATE THE ORDER DUE TO CERTAIN CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

20170SB0313PN1321 - 5 - (A) THE DEFENDANT HAS ALREADY TERMINATED THE ACCOUNT.

(B) DIFFERENCES IN WIRELESS NETWORK TECHNOLOGY PREVENT THE FUNCTIONALITY OF A DEVICE ON THE NETWORK.

(C) THERE ARE GEOGRAPHIC OR OTHER LIMITATIONS ON THE WIRELESS NETWORK OR SERVICE AVAILABILITY.

(IV) UPON TRANSFER OF BILLING RESPONSIBILITY FOR AND RIGHTS TO THE WIRELESS TELEPHONE NUMBER TO A PLAINTIFF UNDER THIS PARAGRAPH, THE PLAINTIFF SHALL ASSUME ALL FINANCIAL RESPONSIBILITY FOR THE TRANSFERRED WIRELESS TELEPHONE NUMBER, MONTHLY SERVICE COSTS AND COSTS FOR THE MOBILE DEVICE ATTACHED TO THE WIRELESS TELEPHONE NUMBER.

(V) WIRELESS SERVICE PROVIDERS SHALL APPLY ROUTINE AND CUSTOMARY REQUIREMENTS FOR ACCOUNT ESTABLISHMENT FOR THE PLAINTIFF AS PART OF THE TRANSFER OF BILLING RESPONSIBILITY FOR WIRELESS TELEPHONE NUMBERS AND ANY MOBILE DEVICES ATTACHED TO THE WIRELESS TELEPHONE NUMBERS UNDER THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO, IDENTIFICATION, FINANCIAL INFORMATION AND CUSTOMER PREFERENCES.

(VI) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO AFFECT THE ABILITY OF THE COURT TO APPORTION THE ASSETS AND DEBTS OF THE PLAINTIFF AND DEFENDANT AS PROVIDED BY THE LAWS OF THIS COMMONWEALTH OR THE ABILITY TO DETERMINE THE TEMPORARY USE, POSSESSION AND CONTROL OF PERSONAL PROPERTY UNDER THIS CHAPTER.

(VII) NO CAUSE OF ACTION SHALL BE BROUGHT AGAINST A WIRELESS TELEPHONE SERVICE PROVIDER OR THE WIRELESS TELEPHONE SERVICE PROVIDER'S OFFICERS, EMPLOYEES OR AGENTS FOR ACTIONS TAKEN IN ACCORDANCE WITH THE TERMS OF 20170SB0313PN1321 - 6 - AN ORDER ISSUED UNDER THIS PARAGRAPH.

(VIII) THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA SHALL, NO LATER THAN JULY 1, 2018, DEVELOP ANY FORMS OR RULES NECESSARY TO EFFECTUATE THIS PARAGRAPH.

* * * SECTION 2.

THIS ACT SHALL TAKE EFFECT JULY 1, 2018, OR IMMEDIATELY, WHICHEVER IS LATER.

20170SB0313PN1321 - 7 -