Pennsylvania HB 104: An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in 911 emergency communication services, further providing for telecommunications management.

Bill Text

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
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for definitions and for relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 6102. Definitions.
(a) General rule.--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:
* * *
"Electronic monitoring device." A device that enables the
location of a person wearing the device to be monitored through
use of a global positioning system and related technology and is
designed so that the device:
(1) Actively and continuously monitors, identifies and
reports location data within a 100-mile radius.
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(2) Permits the Pennsylvania State Police and any local
police department to receive, record and securely and
confidentially retain location data indefinitely.
(3) May be worn around a person's wrist or ankle.
(4) Once fitted around a person's wrist or ankle, cannot
be removed without using specialized equipment specifically
designed for that purpose and alerting the Pennsylvania State
Police and each local police department that the device has
been removed.
* * *
Section 2. Section 6108(a) of Title 23 is amended by adding
a paragraph to read:
§ 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:
* * *
(6.1) Requiring an electronic monitoring device be
placed on the defendant if the defendant is found to present
a substantial risk of violating the final protection from
abuse order or committing a crime against the victim
punishable by imprisonment. The following shall apply:
(i) The electronic monitoring device shall monitor
the defendant's location relative to all persons for whom
protection is sought. The court shall determine the
distance at which the defendant is to remain from all
persons seeking protection from abuse and specific
locations from which the defendant shall refrain.
(ii) Except as provided under subparagraph (iii),
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the court shall order the defendant to wear the
electronic monitoring device for the entire period of
time that the final protection from abuse order is in
effect.
(iii) The court may only order the electronic
monitoring device be removed from the defendant before
the expiration of the final protection from abuse order
for good cause shown. If the court orders the device
removed, the court shall notify the plaintiff covered by
the final protection from abuse order that the electronic
monitoring device has been removed.
* * *
Section 3. This act shall take effect in 60 days.
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