HB 104 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for definitions and for relief.

PRINTER'S NO.   83

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 104
                                                   Session of
                                                     2025

     INTRODUCED BY KULIK, KUZMA, HILL-EVANS, GIRAL, PROBST, SANCHEZ,
        HANBIDGE, D. WILLIAMS, NEILSON AND SHUSTERMAN,
        JANUARY 14, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2025


                                      AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in protection from abuse, further
 3      providing for definitions and for relief.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Section 6102(a) of Title 23 of the Pennsylvania
 7   Consolidated Statutes is amended by adding a definition to read:
 8   § 6102.    Definitions.
 9      (a)    General rule.--The following words and phrases when used
10   in this chapter shall have the meanings given to them in this
11   section unless the context clearly indicates otherwise:
12      * * *
13      "Electronic monitoring device."        A device that enables the
14   location of a person wearing the device to be monitored through
15   use of a global positioning system and related technology and is
16   designed so that the device:
17             (1)   Actively and continuously monitors, identifies and
18      reports location data within a 100-mile radius.
 1             (2)   Permits the Pennsylvania State Police and any local
 2      police department to receive, record and securely and
 3      confidentially retain location data indefinitely.
 4             (3)   May be worn around a person's wrist or ankle.
 5             (4)   Once fitted around a person's wrist or ankle, cannot
 6      be removed without using specialized equipment specifically
 7      designed for that purpose and alerting the Pennsylvania State
 8      Police and each local police department that the device has
 9      been removed.
10      * * *
11      Section 2.         Section 6108(a) of Title 23 is amended by adding
12   a paragraph to read:
13   § 6108.    Relief.
14      (a)    General rule.--Subject to subsection (a.1), the court
15   may grant any protection order or approve any consent agreement
16   to bring about a cessation of abuse of the plaintiff or minor
17   children. The order or agreement may include:
18             * * *
19             (6.1)   Requiring an electronic monitoring device be
20      placed on the defendant if the defendant is found to present
21      a substantial risk of violating the final protection from
22      abuse order or committing a crime against the victim
23      punishable by imprisonment. The following shall apply:
24                   (i)    The electronic monitoring device shall monitor
25             the defendant's location relative to all persons for whom
26             protection is sought. The court shall determine the
27             distance at which the defendant is to remain from all
28             persons seeking protection from abuse and specific
29             locations from which the defendant shall refrain.
30                   (ii)    Except as provided under subparagraph (iii),

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 1        the court shall order the defendant to wear the
 2        electronic monitoring device for the entire period of
 3        time that the final protection from abuse order is in
 4        effect.
 5             (iii)   The court may only order the electronic
 6        monitoring device be removed from the defendant before
 7        the expiration of the final protection from abuse order
 8        for good cause shown. If the court orders the device
 9        removed, the court shall notify the plaintiff covered by
10        the final protection from abuse order that the electronic
11        monitoring device has been removed.
12        * * *
13    Section 3.    This act shall take effect in 60 days.




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