An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for definitions, for responsibilities of law enforcement agencies, for hearings, for relief, for order to seal record from public view, for service of orders, for arrest for violation of order and for contempt for violation of order or agreement.

PRINTER'S NO. 56
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 103
Session of
2025
INTRODUCED BY BARTOLOTTA, FONTANA, COSTA AND STEFANO,
JANUARY 22, 2025
REFERRED TO JUDICIARY, JANUARY 22, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for definitions, for responsibilities of law
enforcement agencies, for hearings, for relief, for order to
seal record from public view, for service of orders, for
arrest for violation of order and for contempt for violation
of order or agreement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 6102. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Noncustodial parent." The biological parent of a minor
child with whom the child does not reside or with whom there is
a court-ordered shared custody of the minor child.
* * *
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Section 2. Sections 6105(e)(1)(i), 6107(a), 6108(a)(4)
introductory paragraph and (iii) and (g), 6108.7(b), 6109(a),
6113(f) and 6114(c) of Title 23 are amended to read:
§ 6105. Responsibilities of law enforcement agencies.
* * *
(e) Statewide registry.--
(1) The Pennsylvania State Police shall establish a
Statewide registry of protection orders and shall maintain a
complete and systematic record and index of all valid
temporary and final court orders of protection, court-
approved consent agreements and a foreign protection order
filed pursuant to section 6104(d) (relating to full faith and
credit and foreign protection orders). The Statewide registry
shall include, but need not be limited to, the following:
(i) The names of the plaintiff and any protected
parties or noncustodial parent.
* * *
§ 6107. Hearings.
(a) General rule.--Within ten business days of the filing of
a petition under this chapter, a hearing shall be held before
the court, at which the plaintiff must prove the allegation of
abuse by a preponderance of the evidence. The court shall, at
the time the defendant is given notice of the hearing, advise
the defendant of the right to be represented by counsel, of the
right to present evidence, of the right to compel attendance of
witnesses, of the method by which witnesses may be compelled, of
the possibility that any firearm, other weapon or ammunition
owned and any firearm license possessed may be ordered
temporarily relinquished, of the options for relinquishment of a
firearm pursuant to this chapter, of the possibility that
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Federal or State law may prohibit the possession of firearms,
including an explanation of 18 U.S.C. § 922(g)(8) (relating to
unlawful acts) and 18 Pa.C.S. § 6105 (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms),
and that any protection order granted by a court may be
considered in any subsequent proceedings under this title. This
notice shall be printed and delivered in a manner which easily
attracts attention to its content and shall specify that child
custody is one of the proceedings where prior protection orders
may be considered. If applicable, a noncustodial parent shall be
given notice of the hearing.
* * *
§ 6108. Relief.
(a) General rule.--Subject to subsection (a.1), the court
may grant any protection order or approve any consent agreement
to bring about a cessation of abuse of the plaintiff or minor
children. The order or agreement may include:
* * *
(4) Awarding temporary custody of or establishing
temporary visitation rights with regard to minor children. In
determining whether to award temporary custody or establish
temporary visitation rights pursuant to this paragraph, the
court shall consider any risk posed by the defendant to the
children as well as risk to the plaintiff. If appropriate,
the court shall consult with a noncustodial parent. The
following shall apply:
* * *
(iii) Where the court finds after a hearing under
this chapter that the defendant has inflicted serious
abuse upon the plaintiff or a child or poses a risk of
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abuse toward the plaintiff or a child, the court may:
(A) award supervised visitation in a secure
visitation facility; [or]
(B) deny the defendant custodial access to a
child[.]; or
(C) award custody to a noncustodial parent.
* * *
(g) Notice.--Notice shall be given to the defendant and
noncustodial parent, in orders issued under this section,
stating that violations of an order will subject the defendant
to arrest under section 6113 (relating to arrest for violation
of order) or contempt of court under section 6114 (relating to
contempt for violation of order or agreement). Resumption of
coresidency on the part of the plaintiff and defendant shall not
nullify the provisions of the court order.
* * *
§ 6108.7. Order to seal record from public view.
* * *
(b) Notice to district attorney [and], plaintiff and
noncustodial parent.--
(1) The petitioner shall serve a copy of the petition
under subsection (a) to the district attorney [and to], the
plaintiff and a noncustodial parent within ten days of the
filing of the petition.
(2) The district attorney [and], the plaintiff and the
noncustodial parent shall have an opportunity to be heard at
the hearing.
(3) Within 30 days of receipt of notice, the district
attorney [or], plaintiff or noncustodial parent may file
objections to the petition.
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(4) If no objection under paragraph (3) is timely filed,
the court may grant the petition without further hearing if
the requirements of this section have been met.
(5) As used in this subsection, the term "plaintiff"
means the person who entered into the consent agreement with
the defendant.
* * *
§ 6109. Service of orders.
(a) Issuance.--A copy of an order under this chapter shall
be issued to the plaintiff, the defendant [and], the police
department with appropriate jurisdiction to enforce the order or
agreement and a noncustodial parent in accordance with the
provisions of this chapter or as ordered by the court or hearing
officer.
* * *
§ 6113. Arrest for violation of order.
* * *
(f) Hearing.--A hearing shall be scheduled within ten days
of the filing of the charge or complaint of indirect criminal
contempt. The hearing and any adjudication shall not preclude a
hearing on other criminal charges underlying the contempt, nor
shall a hearing or adjudication on other criminal charges
preclude a hearing on a charge of indirect criminal contempt. A
noncustodial parent may participate in the hearing on behalf of
the minor child.
§ 6114. Contempt for violation of order or agreement.
* * *
(c) Notification upon release.--The appropriate releasing
authority or other official as designated by local rule shall
use all reasonable means to notify the victim and a noncustodial
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parent sufficiently in advance of the release of the offender
from any incarceration imposed under subsection (b).
Notification shall be required for work release, furlough,
medical leave, community service, discharge, escape and
recapture. Notification shall include the terms and conditions
imposed on any temporary release from custody. The plaintiff and
the noncustodial parent must keep the appropriate releasing
authority or other official as designated by local rule advised
of contact information; failure to do so will constitute waiver
of any right to notification under this section.
* * *
Section 3. This act shall take effect in 60 days.
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