Baker's bill to improve PFA order enforcement approved by Judiciary Committee
May 15—WILKES-BARRE — Sen. Lisa Baker on Thursday said legislation she has sponsored would bring fairness and clarity to a system that is disadvantaging local law enforcement and the Pennsylvania State Police.
The Senate Judiciary Committee, which Sen. Baker serves as chair, this week approved legislation to strengthen the enforcement of Protection from Abuse (PFA) orders and ensure fair reimbursement for law enforcement agencies that serve these critical court orders.
"Departments performing this important and sometimes dangerous work should be compensated for their efforts, just as sheriffs are," Sen. Baker said.
Senate Bill 302 addresses a flaw in existing law that prevents local police departments from being reimbursed when they serve PFA petitions and orders on defendants, despite being authorized to do so.
Currently, the $25 service fee included in the $100 surcharge on PFA defendants is directed solely to sheriffs, regardless of who performs the service.
The need for reform was brought to Sen. Baker's attention by Dallas Township Police Chief Doug Higgins — following an audit by Luzerne County Controller Walter Griffith — that revealed local law enforcement agencies were effectively donating their time and resources to serve PFAs without reimbursement.
"Police departments are stretched thin and as PFAs increase in the county, it becomes cumbersome to get them served," Chief Higgins said. "In the past, departments would only serve PFAs after regular court hours, and on weekends and holidays, but we are now serving them around the clock. With this new legislation, we will be able to regain some of the cost to local municipalities and the Pennsylvania State Police."
In addition to ensuring equitable distribution of the service fee, Sen. Baker said the legislation also clarifies that only sheriffs or properly trained law enforcement officers may serve PFA petitions and orders — eliminating any confusion in current law that could allow private citizens to perform this hazardous duty.
"This is a commonsense step," said Controller Griffith. "All law enforcement agencies are dealing with funding and staffing issues. This legislation will help ensure they are compensated for the duties they are performing on behalf of the courts."
Sen. Baker said an amendment to the bill clarifies the reimbursement process: the $25 fee will initially be distributed to the sheriff, who must then forward it to another agency if that agency performed the service.
"Victims of abuse rely on swift and safe enforcement of PFA orders," Baker said. "This legislation helps ensure that responsibility falls to those best trained and equipped to handle it."
Senate Bill 302 now moves to the full Senate for consideration.
Reach Bill O'Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.
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