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
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6108(a)(4)(v) and (5) of Title 23 of the
Pennsylvania Consolidated Statutes are amended and the
subsection is amended by adding a paragraph to read:
ยง 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
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18 court shall consider any risk posed by the defendant to the
children as well as risk to the plaintiff. The following
shall apply:
* * *
(v) Nothing in this paragraph shall bar either party
from filing a petition for custody under Chapter 53
(relating to child custody) or under the Pennsylvania
Rules of Civil Procedure.
* * *
(5) After a hearing in accordance with section 6107(a),
directing the defendant to pay financial support to those
persons the defendant has a duty to support, requiring the
defendant, under sections 4324 (relating to inclusion of
spousal medical support) and 4326 (relating to mandatory
inclusion of child medical support), to provide health
coverage for the minor child and spouse, directing the
defendant to pay all of the unreimbursed medical expenses of
a spouse or minor child of the defendant to the provider or
to the plaintiff when he or she has paid for the medical
treatment, and directing the defendant to make or continue to
make rent or mortgage payments on the residence of the
plaintiff to the extent that the defendant has a duty to
support the plaintiff or other dependent household members.
The support order shall be temporary, and any beneficiary of
the order must file a complaint for support under the
provisions of [Chapters] Chapter 43 (relating to support
matters generally) and [ 45 (relating to reciprocal
enforcement of support orders) ] Parts VIII (relating to
uniform interstate family support) and VIII-A (relating to
intrastate family support) within two weeks of the date of
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30 the issuance of the protection order. If a complaint for
support is not filed, that portion of the protection order
requiring the defendant to pay support is void. When there is
a subsequent ruling on a complaint for support, the portion
of the protection order requiring the defendant to pay
support expires.
* * *
(6.1) (i) Ordering the defendant to wear or attach to
the defendant's person an electronic monitoring device if
the court deems it necessary to protect the plaintiff or
minor children and finds that the plaintiff or minor
children are in immediate and present danger of physical
abuse.
(ii) In determining whether an immediate and present
danger of abuse exists, the court shall consider a number
of factors, including:
(A) Whether the order of protection from abuse
is unlikely to achieve its purpose in the absence of
an electronic monitoring device.
(B) Whether the defendant has previously
violated a protection from abuse order.
(C) Whether past or present abuse to the
plaintiff or minor children resulted in injury.
(D) Whether the abuse occurred in public.
(E) Whether the abuse includes:
(I) threats of abuse or suicide;
(II) killing or threatening to kill pets;
(III) an escalation of violence;
(IV) stalking or obsessive behavior;
(V) sexual violence; or
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30 (VI) drug or excessive alcohol use.
(iii) As used in this paragraph, the term
"electronic monitoring device" means active surveillance
technology that:
(A) Is worn by or attached to a defendant
consisting of a single-piece device that immediately
notifies law enforcement or other monitors of a
violation of the distance requirements or locations
that the defendant is barred from entering.
(B) Immediately notifies the plaintiff of a
violation.
(C) Allows law enforcement or monitors to speak
to the defendant in some manner through or in
conjunction with the device.
(D) Has a loud alarm that can be activated to
warn the plaintiff of the defendant's presence in a
location where the defendant is barred from entering.
(E) Can be tracked by either satellite or
cellular telephone tower triangulation.
* * *
Section 2. This act shall take effect in 60 days.
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