Pennsylvania SB 262: An Act making an appropriation from a restricted revenue account within the General Fund to the Office of Small Business Advocate in the Department of Community and Economic Development.

Bill Text

PRINTER'S NO. 214
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 262
Session of
2025
INTRODUCED BY FONTANA, COMITTA, HUGHES, STREET, KEARNEY,
HAYWOOD, COSTA, KANE, TARTAGLIONE, MILLER, SAVAL, SCHWANK,
MUTH AND SANTARSIERO, FEBRUARY 20, 2025
REFERRED TO JUDICIARY, FEBRUARY 20, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in actions, proceedings
and other matters generally, providing for extreme risk
protection orders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 62B
EXTREME RISK PROTECTION ORDERS
Sec.
62B01. Definitions.
62B02. Petition for order.
62B03. Procedure.
62B04. Ex parte orders.
62B05. Service of orders.
62B06. Termination and renewal of orders.
62B07. Surrender of firearms.
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62B08. Return and disposal of firearms.
62B09. Reporting of orders.
62B10. Penalties.
62B11. Other authority retained.
62B12. Immunity.
62B13. Instructional and informational material.
62B14. Registry.
§ 62B01. Definitions.
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:
"Extreme risk protection order." An ex parte order or a
final order granted under this chapter.
"Family or household member." A spouse or person who has
been a spouse, person living as a spouse or who lived as a
spouse, parent or child, other person related by consanguinity
or affinity, current or former sexual or intimate partner or
person who shares biological parenthood.
"Firearm." The term shall have the same meaning given to it
under 18 Pa.C.S. § 6111(f) (relating to sale or transfer of
firearms).
"Firearm license." A license issued under 18 Pa.C.S. § 6109
(relating to licenses).
"Foreign extreme risk protection order." An extreme risk
protection order issued in the United States or its possessions.
"Minor court." A magisterial district judge or a judge of
the Philadelphia Municipal Court, commissioner appointed under
section 1123 (relating to jurisdiction and venue), master
appointed under section 1126 (relating to masters) or master for
emergency relief.
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"Petitioner." A person who petitions for an order under this
chapter.
"Respondent." A person who is identified as the respondent
in a petition filed under this chapter.
§ 62B02. Petition for order.
(a) Establishment of action.--
(1) An action known as a petition for an extreme risk
protection order is established.
(2) A petition for an extreme risk protection order may
be filed by:
(i) a family or household member of the respondent;
or
(ii) a law enforcement officer or agency.
(3) An action under this chapter must be filed in the
county where the petitioner resides or the county where the
respondent resides.
(b) Contents of petition.--A petition shall:
(1) Allege that the respondent poses a significant
danger of causing personal injury to self or others by having
in the respondent's custody or control, purchasing,
possessing or receiving a firearm and be accompanied by an
affidavit made under oath stating the specific statements,
actions or facts that give rise to a reasonable belief of
future dangerous acts by the respondent.
(2) Identify the number, types and locations of the
firearms the petitioner reasonably believes to be in the
respondent's current ownership, possession, custody or
control.
(3) Identify whether there is a known existing
protection order governing the respondent under any other
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applicable statute.
(4) Identify whether there is a pending lawsuit,
complaint, petition or other action between the parties to
the petition under the laws of this Commonwealth.
(c) Effect of existing orders and pending actions.--
(1) The prothonotary shall verify the terms of any
existing order governing the parties.
(2) The court may not delay granting relief because of
the existence of a pending action between the parties or the
necessity of verifying the terms of an existing order.
(3) A petition for an extreme risk protection order may
be granted whether or not there is a pending action between
the parties.
(d) Notice to family and household members.--
(1) If the petitioner is a law enforcement officer or
agency, the petitioner shall make a good faith effort to
provide notice to a family or household member of the
respondent and to any known third party who may be at risk of
violence.
(2) The notice shall state that the petitioner intends
to petition the court for an extreme risk protection order or
has already done so and include referrals to appropriate
resources, including mental health, domestic violence and
counseling resou