THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, WASHINGTON, BROWNE, ORIE, RAFFERTY, STACK, O'PAKE AND ALLOWAY, FEBRUARY 19, 2009

REFERRED TO JUDICIARY, FEBRUARY 19, 2009  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 23 (Domestic

Relations) of the Pennsylvania Consolidated Statutes, in

assault, further providing for probable cause arrests in

domestic violence cases; and, in protection from abuse,

providing for an electronic monitoring program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2711(c) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2711.  Probable cause arrests in domestic violence cases.

* * *

(c)  Bail.--

(1)  A defendant arrested pursuant to this section shall

be afforded a preliminary arraignment by the proper issuing

authority without unnecessary delay. In no case shall the

arresting officer release the defendant from custody rather

than taking the defendant before the issuing authority.

(2)  In determining whether to admit the defendant to

bail, the issuing authority shall consider whether the

defendant poses a threat of danger to the victim. If the

issuing authority makes such a determination, it shall

require as a condition of bail that the defendant shall

refrain from entering the residence or household of the

victim and the victim's place of employment and shall refrain

from committing any further criminal conduct against the

victim and shall so notify the defendant thereof at the time

the defendant is admitted to bail. [Such condition]

(3)  As a further condition of bail, the issuing

authority may order the defendant to participate in an

electronic monitoring program as set forth in 23 Pa.C.S. §

6114.2 (relating to electronic monitoring program) and to pay

the costs associated with participation in the program.

(4)  The conditions of bail under this subsection shall

expire at the time of the preliminary hearing or upon the

entry or the denial of the protection of abuse order by the

court, whichever occurs first. A violation of [this] any 

condition of bail under this subsection may be punishable by

the revocation of any form of pretrial release or the

forfeiture of bail and the issuance of a bench warrant for

the defendant's arrest or remanding him to custody or a

modification of the terms of the bail. The defendant shall be

provided a hearing on this matter.

* * *

Section 2.  Title 23 is amended by adding a section to read:

§ 6114.2.  Electronic monitoring program.

(a)  Participation in program.--

(1)  Whenever the court issues a protection order or a

court-approved consent agreement under this chapter, it may

order the defendant to participate in and pay the costs of an

electronic monitoring program authorized by this section.

(2)  Whenever a defendant is found to have violated a

protection order issued under this chapter, a foreign

protection order or a court-approved consent agreement, the

court shall, in addition to the penalties otherwise provided

by law, order the defendant to participate in an electronic

monitoring program authorized by this section until further

order of the court.

(b)  Consent of protected person required.--The court shall

not order electronic monitoring without the consent of the

protected person.

(c)  Program requirements.--An electronic monitoring program

shall:

(1)  Alert the protected person and the appropriate law

enforcement unit when the defendant is on or near any

protected person or premises.

(2)  Require the defendant to wear an electronic

monitoring device at all times.

(3)  Require that a device be placed in the home of the

defendant so that compliance with the court's order may be

monitored.

(d)  Administration.--When a court orders a defendant to

participate in an electronic monitoring program under this

section, it shall:

(1)  Place the defendant under the supervision of the

county office of probation and parole for the purposes of

monitoring the device.

(2)  Order the county office of probation and parole to

place an electronic monitoring device on the defendant and

install electronic monitoring equipment in the residence of

the defendant within 24 hours.

(3)  Order the county office of probation and parole to

place an electronic monitoring device on the protected person

or install electronic monitoring equipment at any protected

premises, or both.

(4)  Order the defendant to pay the costs associated with

the program to the county department of probation and parole

or program provider.

(e)  Program provider.--The county department of probation

and parole may provide the electronic monitoring program

authorized by this section either directly or by contract with a

private provider.

Section 3.  This act shall take effect in 60 days.