2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6105 - Responsibilities of law enforcement agencies.

     § 6105.  Responsibilities of law enforcement agencies.
        (a)  General rule.--The police department of each municipal
     corporation, the Pennsylvania State Police and the sheriff of
     each county shall insure that all their officers, deputies and
     employees are familiar with the provisions of this chapter.
     Instruction concerning protection from abuse shall be made a
     part of the training curriculum for all trainee officers and
     deputies. All law enforcement agencies within this Commonwealth
     shall adopt a written domestic violence policy.
        (b)  Notice of services and rights.--Each law enforcement
     agency shall provide the abused person with oral and written
     notice of the availability of safe shelter and of domestic
     violence services in the community, including the hotline number
     for domestic violence services. The written notice, which shall
     be in English and Spanish and any additional language required
     by local rule of court, shall include the following statement:
            "If you are the victim of domestic violence, you have the
            right to go to court and file a petition requesting an
            order for protection from domestic abuse pursuant to the
            Protection From Abuse Act (23 Pa.C.S. Ch. 61), which
            could include the following:
                (1)  An order restraining the abuser from further
            acts of abuse.
                (2)  An order directing the abuser to leave your
            household.
                (3)  An order preventing the abuser from entering
            your residence, school, business or place of employment.
                (4)  An order awarding you or the other parent
            temporary custody of or temporary visitation with your
            child or children.
                (5)  An order directing the abuser to pay support to
            you and the minor children if the abuser has a legal
            obligation to do so."
        (c)  Mandatory report.--Each law enforcement agency shall
     make an incident report, on a form prescribed by the
     Pennsylvania State Police, consistent with the report required
     by the Federal National Incident-Based Reporting System (NIBRS).
     The mandate for incident report completion shall not be
     operative until the Pennsylvania State Police have implemented
     NIBRS. The incident report may include the following:
            (1)  Names, addresses and telephone numbers of the
        victim, the accused, any witnesses and the caller.
            (2)  A second permanent address and telephone number for
        the victim, such as a close family member or a friend.
            (3)  A statement of the relationship between the victim
        and the accused.
            (4)  A narrative for the incident, including the date,
        time and whether the accused appeared intoxicated or under
        the influence of a controlled substance.
            (5)  What, if any, weapons were used or threatened to be
        used.
            (6)  A description of any injuries observed by the
        officer.
            (7)  A description of any injuries described by the
        victim but not observed by the officer and an indication that
        the injury was not observed.
            (8)  Documentation of any evidence that would tend to
        establish that a crime was committed.
            (9)  An indication of whether an arrest was made and the
        reason for electing not to arrest, whether there was a
        warrantless arrest, an arrest with a warrant or no arrest.
            (10)  Whether the accused actually was arrested or
        whether there is an outstanding arrest warrant.
            (11)  The crimes with which the accused was charged.
            (12)  If the accused was arrested and arraigned, whether
        bail was set and any conditions of bail imposed.
            (13)  If the officer did not arrest or seek an arrest
        warrant even though arrest was authorized, a detailed
        explanation of the reasons for the officer's decision not to
        arrest.
            (14)  The names and ages of any children present in the
        household and their address and telephone number if children
        were relocated.
            (15)  Notation of previous incidents of which the officer
        is personally aware.
            (16)  Notation of previous incidents reported by the
        victim or witnesses.
            (17)  If an officer was injured in the incident, the
        nature and circumstances of the injury.
        (d)  Notice of arrest.--All law enforcement agencies shall
     make reasonable efforts to notify any adult or emancipated minor
     protected by an order issued under this chapter of the arrest of
     the defendant for violation of an order as soon as possible.
     Unless the person cannot be located, notice of the arrest shall
     be provided not more than 24 hours after preliminary
     arraignment.
        (e)  Statewide registry.--
            (1)  The Pennsylvania State Police shall establish a
        Statewide registry of protection orders and shall maintain a
        complete and systematic record and index of all valid
        temporary and final court orders of protection, court-
        approved consent agreements and a foreign protection order
        filed pursuant to section 6104(d) (relating to full faith and
        credit and foreign protection orders). The Statewide registry
        shall include, but need not be limited to, the following:
                (i)  The names of the plaintiff and any protected
            parties.
                (ii)  The name and address of the defendant.
                (iii)  The relationship between the plaintiff and
            defendant.
                (iv)  The date the order was entered.
                (v)  The date the order expires.
                (vi)  The relief granted under sections 6108(a)(1),
            (2), (4), (6) and (7) (relating to relief) and 6110(a)
            (relating to emergency relief by minor judiciary).
                (vii)  The judicial district in which the order was
            entered.
                (viii)  Where furnished, the Social Security number
            and date of birth of the defendant.
                (ix)  Whether or not any or all firearms, other
            weapons or ammunition were ordered relinquished.
            (2)  The prothonotary shall send, on a form prescribed by
        the Pennsylvania State Police, a copy of the protection order
        or approved consent agreement to the Statewide registry of
        protection orders so that it is received within 24 hours of
        the entry of the order. Likewise, amendments to or revocation
        of an order shall be transmitted by the prothonotary within
        24 hours of the entry of the order for modification or
        revocation. The Pennsylvania State Police shall enter orders,
        amendments and revocations in the Statewide registry of
        protection orders within eight hours of receipt. Vacated or
        expired orders shall be purged from the registry.
            (3)  The registry of the Pennsylvania State Police shall
        be available at all times to inform courts, dispatchers and
        law enforcement officers of any valid protection order
        involving any defendant.
            (4)  When an order granting relief under section
        6108(a)(7) has been entered by a court, such information
        shall be available to the Pennsylvania State Police for the
        purpose of conducting a criminal history records check in
        compliance with the applicable provisions of 18 Pa.C.S. Ch.
        61 Subch. A (relating to Uniform Firearms Act).
            (5)  Information contained in the Statewide registry
        shall not be subject to access under the act of June 21, 1957
        (P.L.390, No.212), referred to as the Right-to-Know Law.
        (f)  Information concerning crimes of violence.--Each police
     department in a city, borough or township and the Pennsylvania
     State Police shall transmit to the Pennsylvania State Police, in
     a manner prescribed by the Pennsylvania State Police, the
     information specified in subsection (c) related to crimes of
     violence between family or household members.
        (g)  Annual report.--The Pennsylvania State Police shall
     annually compile and analyze the incident report data received
     and publish a Statewide report which includes aggregate, county
     and department-based statistical profiles. The Pennsylvania
     State Police shall transmit a copy of the annual report to the
     Governor, the General Assembly and each domestic violence
     program in this Commonwealth.
        (h)  Enforcement of foreign protection orders.--
            (1)  All foreign protection orders shall have the
        presumption of validity in this Commonwealth, and police
        officers shall make arrests for violations thereof in the
        same manner as set for violations of protection orders issued
        within this Commonwealth. Until a foreign order is declared
        to be invalid by a court, it shall be enforced by all law
        enforcement personnel in this Commonwealth.
            (2)  A police officer shall rely upon any copy of a
        foreign protection order which has been presented to the
        officer by any source and may verify the existence of a
        protection order consistent with the provisions of section
        6113(a) (relating to arrest for violation of order). The fact
        that a foreign protection order has not been filed with a
        prothonotary or entered into the Pennsylvania State Police
        registry shall not be grounds for law enforcement to refuse
        to enforce the order.
        (i)  Immunity.--The following entities shall be immune from
     civil liability for good faith conduct in any action arising in
     connection with a court's finding that the foreign order is
     invalid or unenforceable:
            (1)  Law enforcement agencies and their agents and
        employees.
            (2)  County correctional and detention facilities and
        their agents and employees.
            (3)  Prothonotaries and their agents and employees.
     (Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Dec. 16, 1997,
     P.L.549, No.58, eff. 60 days; June 22, 2001, P.L.576, No.39,
     eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

        2005 Amendment.  Act 66 amended subsec. (e).
        2001 Amendment.  Act 39 amended subsec. (e)(1) and added
     subsecs. (h) and (i).
        References in Text.  The act of June 21, 1957 (P.L.390,
     No.212), referred to as the Right-to-Know Law, referred to in
     subsec. (e)(5), was repealed by the act of February 14, 2008
     (P.L.6, No.3), known as the Right-to-Know Law.
        Cross References.  Section 6105 is referred to in sections
     6106, 6109, 6114 of this title.