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§ 62A14. Contempt for violation of order

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: July 1, 2015

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VI. Actions, Proceedings and Other Matters Generally
Chapter 62A. Protection of Victims of Sexual Violence or Intimidation (Refs & Annos)
Effective: July 1, 2015
42 Pa.C.S.A. § 62A14
§ 62A14. Contempt for violation of order
Currentness
(a) General rule.--Where the police department, sheriff or the plaintiff has filed charges of indirect criminal contempt against a defendant for violation of an order or court-approved consent agreement entered into under this chapter, the court may hold the defendant in indirect criminal contempt and punish the defendant in accordance with law.
(b) Jurisdiction.--A court shall have jurisdiction over indirect criminal contempt charges for violation of a protection order in the county where the violation occurred and in the county where the order was granted.
(c) Minor defendant.--Any defendant who is a minor and who is charged with indirect criminal contempt for allegedly violating a protection order related to sexual violence shall be considered to have committed an alleged delinquent act as that term is defined in section 6302 (relating to definitions) and shall be treated as provided in Chapter 63 (relating to juvenile matters).
(d) Trial and punishment.--
(1) Notwithstanding section 4136(a) (relating to rights of persons charged with certain indirect criminal contempts), the defendant shall not have the right to a jury trial on the charge of indirect criminal contempt; however, the defendant shall be entitled to counsel.
(2) A sentence for indirect criminal contempt under this chapter may include:
(i) A fine of not less than $300 nor more than $1,000 and imprisonment for a period not exceeding six months.
(ii) A fine of not less than $300 nor more than $1,000 and supervised probation for a period not exceeding six months.
(iii) An order for any other relief provided for under this chapter.
(3) Upon conviction for indirect criminal contempt and at the request of the plaintiff, the court shall also grant an extension of the protection order for an additional term.
(4) Upon conviction for indirect criminal contempt, the court shall notify the sheriff of the jurisdiction which issued the protection order of the conviction.
(5) All moneys received under this section shall be distributed in the following order of priority:
(i) One hundred dollars shall be forwarded to the Commonwealth and shall be used by the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 62A04(c) (relating to responsibilities of law enforcement agencies).
(ii) One hundred dollars shall be retained by the county and shall be used to carry out the provisions of this chapter as follows:
(A) Fifty dollars shall be used by the sheriff.
(B) Fifty dollars shall be used by the court.
(iii) One hundred dollars shall be forwarded to the Department of Public Welfare1 for use for victims of sexual assault in accordance with the provisions of section 2333 of the act of April 9, 1929 (P.L. 177, No. 175),2 known as The Administrative Code of 1929.
(iv) Any additional money shall be distributed in the manner under subparagraph (i).
(e) Notification upon release.--
(1) The appropriate releasing authority or other official as designated by local rule shall use all reasonable means to notify the victim sufficiently in advance of the release of the offender from any incarceration imposed under subsection (d). Notification shall be required for work release, furlough, medical leave, community service, discharge, escape and recapture. Notification shall include the terms and conditions imposed on any temporary release from custody.
(2) The plaintiff must keep the appropriate releasing authority or other official as designated by local rule advised of contact information; failure to do so will constitute waiver of any right to notification under this section.
(f) Multiple remedies.--Disposition of a charge of indirect criminal contempt shall not preclude the prosecution of other criminal charges associated with the incident giving rise to the contempt, nor shall disposition of other criminal charges preclude prosecution of indirect criminal contempt associated with the criminal conduct giving rise to the charges.

Credits

2014, March 21, P.L. 365, No. 25, § 1, effective July 1, 2015.

Footnotes

1
Now Department of Human Services; see 62 P.S. § 103.
2
71 P.S. § 611.13.
42 Pa.C.S.A. § 62A14, PA ST 42 Pa.C.S.A. § 62A14
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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