S0449B0439A05348 BIL:EJH 01/19/18 #90 A05348
AMENDMENTS TO SENATE BILL NO. 449
Sponsor: REPRESENTATIVE MARSICO
Printer's No. 439
Amend Bill, page 1, lines 6 through 8, by striking out all of
said lines and inserting
Section 1. Section 2711(a) and (c)(2) of Title 18 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding subsections to read:
Amend Bill, page 1, by inserting between lines 9 and 10
(a) General rule.--A police officer shall have the same
right of arrest without a warrant as in a felony whenever he has
probable cause to believe the defendant has violated section
2504 (relating to involuntary manslaughter), 2701 (relating to
simple assault), 2702(a)(3), (4) and (5) (relating to aggravated
assault), 2705 (relating to recklessly endangering another
person), 2706 (relating to terroristic threats) [or], 2709.1
(relating to stalking) or 2718 (relating to strangulation)
against a family or household member although the offense did
not take place in the presence of the police officer. A police
officer may not arrest a person pursuant to this section without
first observing recent physical injury to the victim or other
corroborative evidence. For the purposes of this subsection, the
term "family or household member" has the meaning given that
term in 23 Pa.C.S. § 6102 (relating to definitions).
Amend Bill, page 1, lines 15 and 16, by striking out "and may
use a risk assessment tool adopted under subsection (e) "
Amend Bill, page 1, line 16, by inserting after "(e)."
In making a determination whether the defendant poses a
threat of danger to the victim in cases under this section,
the issuing authority may use a pretrial risk assessment tool
as set forth in subsection (c.1).
Amend Bill, page 2, by inserting between lines 13 and 14
(c.1) Pretrial risk assessment tool.--The president judge of
a court of common pleas may adopt a pretrial risk assessment
tool for use by the court of common pleas or by the Philadelphia
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Municipal Court, the Pittsburgh Magistrates Court or magisterial
district judges when acting as the issuing authority in cases
under this section. The issuing authority may use the pretrial
risk assessment tool to aid in determining whether the defendant
poses a threat of danger to the victim. However, the pretrial
risk assessment tool may not be the only means of determining
whether to admit the defendant to bail. Nothing in this
subsection shall be construed to conflict with the issuing
authority's ability to determine whether to admit the defendant
to bail under the Pennsylvania Rules of Criminal Procedure.
(c.2) Pennsylvania Commission on Sentencing.--The following
apply to the Pennsylvania Commission on Sentencing:
(1) The commission shall develop a model pretrial risk
assessment tool which may be used by the issuing authority in
cases under this section, as set forth in subsection (c.1).
(2) Subject to any inconsistent rule of court, in order
to ensure that the model pretrial risk assessment tool or
other pretrial risk assessment tool adopted under this
section is effective, accurate and free from racial or
economic bias, prior to the adoption of the tool, the
commission shall publish a report of validation using
information from cases from the judicial district where the
tool is to be utilized. The report shall be updated every two
years.
Amend Bill, page 2, lines 15 through 18, by striking out all
of said lines
Amend Bill, page 2, line 19, by striking out "in 60 days."
and inserting
as follows:
(1) The addition of 18 Pa.C.S. § 2711(c.2)(2) shall take
effect in two years.
(2) The remainder of this act shall take effect in 60
days.
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