Pennsylvania HB 1908: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in protection from abuse, further providing for arrest for violation of order and for contempt for violation of order or agreement.

Bill Text

PRINTER'S NO. 2386
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1908
Session of
2025
INTRODUCED BY DAVIDSON, FLEMING, KINKEAD, HANBIDGE, McNEILL,
MAYES, SANCHEZ, GUENST, HILL-EVANS, RIVERA, CONKLIN, HOWARD
AND DEASY, SEPTEMBER 30, 2025
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for arrest for violation of order and for contempt
for violation of order or agreement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6113(c) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6113. Arrest for violation of order.
* * *
(c) Procedure following arrest.--Subsequent to an arrest,
the defendant shall be taken by the police officer or sheriff
without unnecessary delay before the court in the judicial
district where the contempt is alleged to have occurred. When
that court is unavailable, the police officer or sheriff shall
convey the defendant to a magisterial district judge designated
as appropriate by local rules of court or, in the city of
Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court
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or, in counties of the first class, to the appropriate hearing
officer. For purposes of procedure relating to arraignments for
arrest for violation of an order issued under this chapter, the
judges of Pittsburgh Magistrates Court shall be deemed to be
magisterial district judges. Upon delivery of the defendant to
the court, magisterial district judge, hearing officer or other
appropriate venue or person, the police officer or sheriff shall
forward notice of the arrest for indirect criminal contempt to
the National Crime Information Center, or its successor
organization, and the Commonwealth Law Enforcement Assistance
Network, or its successor organization, within 24 hours.
* * *
Section 2. Section 6114(b)(3) and (6) of Title 23 are
amended and the subsection is amended by adding a paragraph to
read:
§ 6114. Contempt for violation of order or agreement.
* * *
(b) Trial and punishment.--
* * *
(1.1) A sentence for a subsequent conviction for
contempt under this chapter shall include:
(i) a fine of not less than $300 and supervised
probation or imprisonment for a second conviction not to
exceed six months;
(ii) a fine of not less than $500 for a third
conviction and supervised probation or imprisonment not
to exceed one year; or
(iii) a fine of not less than $1,000 for a fourth or
subsequent conviction and supervised probation or
imprisonment not to exceed two years.
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* * *
(3) [The] Except if the defendant is charged for a
subsequent violation under paragraph (1.1)(ii) or (iii), the
defendant shall not have a right to a jury trial on a charge
of indirect criminal contempt. However, the defendant shall
be entitled to counsel.
* * *
(6) The minimum [fine] fines required by [subsection (b)
(1) allocated pursuant to subsection (b)(2)(i) and (iii)]
paragraph (1.1) shall be used to supplement and not to
supplant any other source of funds received for the purpose
of carrying out the provisions of this chapter.
* * *
Section 3. This act shall take effect in 60 days.
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