HB 40 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for relief.

PRINTER'S NO.    19

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 40
                                                 Session of
                                                   2025

     INTRODUCED BY CONKLIN, GIRAL, HILL-EVANS, CIRESI, GUENST AND
        HARKINS, JANUARY 10, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 10, 2025


                                      AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in protection from abuse, further
 3      providing for relief.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Section 6108(a)(4)(v) and (5) of Title 23 of the
 7   Pennsylvania Consolidated Statutes are amended and the
 8   subsection is amended by adding a paragraph to read:
 9   § 6108.    Relief.
10      (a)    General rule.--Subject to subsection (a.1), the court
11   may grant any protection order or approve any consent agreement
12   to bring about a cessation of abuse of the plaintiff or minor
13   children. The order or agreement may include:
14             * * *
15             (4)   Awarding temporary custody of or establishing
16      temporary visitation rights with regard to minor children. In
17      determining whether to award temporary custody or establish
18      temporary visitation rights pursuant to this paragraph, the
 1    court shall consider any risk posed by the defendant to the
 2    children as well as risk to the plaintiff. The following
 3    shall apply:
 4              * * *
 5              (v)   Nothing in this paragraph shall bar either party
 6        from filing a petition for custody under Chapter 53
 7        (relating to child custody) or under the Pennsylvania
 8        Rules of Civil Procedure.
 9              * * *
10        (5)   After a hearing in accordance with section 6107(a),
11    directing the defendant to pay financial support to those
12    persons the defendant has a duty to support, requiring the
13    defendant, under sections 4324 (relating to inclusion of
14    spousal medical support) and 4326 (relating to mandatory
15    inclusion of child medical support), to provide health
16    coverage for the minor child and spouse, directing the
17    defendant to pay all of the unreimbursed medical expenses of
18    a spouse or minor child of the defendant to the provider or
19    to the plaintiff when he or she has paid for the medical
20    treatment, and directing the defendant to make or continue to
21    make rent or mortgage payments on the residence of the
22    plaintiff to the extent that the defendant has a duty to
23    support the plaintiff or other dependent household members.
24    The support order shall be temporary, and any beneficiary of
25    the order must file a complaint for support under the
26    provisions of [Chapters] Chapter 43 (relating to support
27    matters generally) and [45 (relating to reciprocal
28    enforcement of support orders)] Parts VIII (relating to
29    uniform interstate family support) and VIII-A (relating to
30    intrastate family support) within two weeks of the date of

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 1    the issuance of the protection order. If a complaint for
 2    support is not filed, that portion of the protection order
 3    requiring the defendant to pay support is void. When there is
 4    a subsequent ruling on a complaint for support, the portion
 5    of the protection order requiring the defendant to pay
 6    support expires.
 7        * * *
 8        (6.1)     (i)     Ordering the defendant to wear or attach to
 9        the defendant's person an electronic monitoring device if
10        the court deems it necessary to protect the plaintiff or
11        minor children and finds that the plaintiff or minor
12        children are in immediate and present danger of physical
13        abuse.
14             (ii)       In determining whether an immediate and present
15        danger of abuse exists, the court shall consider a number
16        of factors, including:
17                    (A)    Whether the order of protection from abuse
18             is unlikely to achieve its purpose in the absence of
19             an electronic monitoring device.
20                    (B)    Whether the defendant has previously
21             violated a protection from abuse order.
22                    (C)    Whether past or present abuse to the
23             plaintiff or minor children resulted in injury.
24                    (D)    Whether the abuse occurred in public.
25                    (E)    Whether the abuse includes:
26                          (I)    threats of abuse or suicide;
27                          (II)    killing or threatening to kill pets;
28                          (III)    an escalation of violence;
29                          (IV)    stalking or obsessive behavior;
30                          (V)    sexual violence; or

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 1                        (VI)   drug or excessive alcohol use.
 2             (iii)   As used in this paragraph, the term
 3        "electronic monitoring device" means active surveillance
 4        technology that:
 5                  (A)   Is worn by or attached to a defendant
 6             consisting of a single-piece device that immediately
 7             notifies law enforcement or other monitors of a
 8             violation of the distance requirements or locations
 9             that the defendant is barred from entering.
10                  (B)   Immediately notifies the plaintiff of a
11             violation.
12                  (C)   Allows law enforcement or monitors to speak
13             to the defendant in some manner through or in
14             conjunction with the device.
15                  (D)   Has a loud alarm that can be activated to
16             warn the plaintiff of the defendant's presence in a
17             location where the defendant is barred from entering.
18                  (E)   Can be tracked by either satellite or
19             cellular telephone tower triangulation.
20        * * *
21    Section 2.    This act shall take effect in 60 days.




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