Pennsylvania SB 1141: 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.

Bill Text

2017-2018 Regular Session SB 1141 PN 1677 Bill Text (HTM) 

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PRINTER'S NO. 1677 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL 

No.

1141 

Session of 

2018 

INTRODUCED BY GREENLEAF, RESCHENTHALER, TOMLINSON, STREET, 

SCHWANK, RAFFERTY, MENSCH, KILLION, MARTIN AND VULAKOVICH, 

APRIL 18, 2018 

REFERRED TO JUDICIARY, APRIL 18, 2018 

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 and transfer of 

firearms).

"Firearm license." A license issued under 18 Pa.C.S. § 6109 

(relating to licenses).

"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.

"Petitioner." A person who petitions for an order under this 

chapter.

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"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 

applicable statute.

(4) Identify whether there is a pending lawsuit, 

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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 petit