PRINTER'S NO. 1184
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1043
Session of
2019
INTRODUCED BY PASHINSKI, ISAACSON, SHUSTERMAN, MURT, KINSEY,
READSHAW, CALTAGIRONE, MILLARD, KIRKLAND, STURLA, HILL-EVANS,
DeLUCA, CIRESI, NEILSON, SAINATO, KORTZ, CEPHAS, DRISCOLL AND
ROZZI, APRIL 2, 2019
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 2, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, further
providing for contempt for violation of order or agreement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6114(b) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
ยง 6114. Contempt for violation of order or agreement.
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(b) Trial and punishment.--
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(1.1) A court:
(i) May order the defendant to undergo a drug and
alcohol evaluation or a mental health evaluation, or
both, and direct the defendant to comply with any
recommendations resulting from the evaluation when the
basis for a charge of indirect criminal contempt does not
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include a threat to commit violence or the commission of
violence.
(ii) Shall order the defendant to undergo a drug and
alcohol evaluation and a mental health evaluation and
direct the defendant to comply with any recommendations
resulting from the evaluation when the basis for a charge
of indirect criminal contempt includes a threat to commit
violence or the commission of violence.
(iii) Shall establish a date by which the evaluation
shall be completed and, contemporaneous with the order,
shall establish a date by which the defendant shall
appear in court if the evaluation is not completed by the
established date when the court orders an evaluation
under this paragraph.
(iv) May consider the failure by the defendant to
obtain an evaluation under this subsection or to comply
with a recommendation resulting from the evaluation a
separate basis for contempt of court.
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Section 2. This act shall take effect in 60 days.
20190HB1043PN1184 - 2 -
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