PRINTER'S NO. 1932
No. 1588 Session of 1999
INTRODUCED BY READSHAW, BATTISTO, BELFANTI, BROWNE, CLARK, M. COHEN, COSTA, DALEY, DeLUCA, FRANKEL, GEORGE, HALUSKA, HARHAI, HORSEY, KAISER, LAUGHLIN, MARKOSEK, MAYERNIK, MELIO, RUFFING, SEYFERT, SHANER, STABACK, J. TAYLOR, TIGUE, VAN HORNE, WOGAN, WOJNAROSKI AND YOUNGBLOOD, JUNE 8, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 8, 1999
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for inquiry as 3 to the source of security for bail in drug offenses. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Chapter 57 of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended by adding a subchapter to read: 8 SUBCHAPTER C 9 SPECIAL PROVISIONS 10 Sec. 11 5761. Bail in drug offenses. 12 § 5761. Bail in drug offenses. 13 (a) Inquiry as to source.--When fixing and accepting bail 14 for a person charged with a violation of the act of April 14, 15 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, 16 Device and Cosmetic Act, the district justice or judge shall 17 determine the source of the currency, bonds, realty or other
1 property used for the payment of the bail or the procurement of 2 a surety bond, as the case may be, being posted by or on behalf 3 of the defendant. The district justice or judge may request such 4 information as needed to identify the direct or indirect 5 sources, derivation or ownership of the currency or other 6 property used for the payment of bail or procurement of a bond. 7 (b) Drug proceeds unacceptable.--If the district justice or 8 judge determines that the bail or surety bond is being financed 9 from funds derived from violations of The Controlled Substance, 10 Drug, Device and Cosmetic Act, the security shall not be 11 accepted, and other security shall be required for the defendant 12 to be admitted to bail. 13 Section 2. This act shall take effect in 60 days. L8L42DMS/19990H1588B1932 - 2 -