Session: 2023-2024
ACLU-PA Position: Oppose
Known as "Alina's Law," HB 1150 (PN 1205) proposes a drastic change to the Protection from Abuse Act, giving civil courts the authority to mandate that anyone subject to a protection from abuse (PFA) order wear an electronic monitoring device that continuously monitors and reports location data within a 100-mile radius.
HB 1150 would permit invasive government surveillance for civil matters with a lower burden of proof. Electronic monitoring and house arrest are routinely ordered as special conditions of bail in criminal cases. But the PFA process is a civil, not criminal matter. Protection from abuse hearings are not criminal trials and do not require the same standard of proof or due process protections as criminal matters. By permitting invasive surveillance for people subject to a civil order, HB 1150 would drastically expand the state’s ability to monitor and track Pennsylvanians without due process guarantees.
Furthermore, HB 1150 risks creating financial burdens and a false sense of security for those who file for protection. Daily fees for electronic monitoring are paid by the person being monitored. These court-mandated costs can siphon money from other critical obligations facing a person subject to an order, such as restitution or child support. And because the Pennsylvania State Police would have to actively track the location of everyone on an electronic monitor—roughly 5,000 thousand people at any one time—without any additional staffing or resources to do so, their ability to enforce PFA orders will be limited.
HB 1150 threatens an extraordinary restriction of civil liberties and expansion of government surveillance for civil actions that risks bringing thousands of people under correctional control without adequate due process. And for those seeking protection, this overcorrection may unintentionally offer a false sense of security or worse, exacerbate financial insecurity.
Check the bill's status here.
