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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 2521                      PRINTER'S NO. 4380

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1930 Session of 2003


        INTRODUCED BY GINGRICH, TIGUE, BAKER, GEIST, WEBER, REICHLEY,
           HORSEY, CAPPELLI, ARMSTRONG, O'NEILL, J. TAYLOR, RUBLEY,
           SCAVELLO, E. Z. TAYLOR, CRAHALLA, BROWNE, CIVERA, EGOLF AND
           MARKOSEK, AUGUST 15, 2003

        SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
           SEPTEMBER 21, 2004

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for probable cause arrests
     3     in misdemeanor sex offenses.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1. Title 18 of the Pennsylvania Consolidated Statutes
     7  is amended by adding a section to read:
     8  § 3108.  Probable cause arrests in misdemeanor sexual offenses.
     9     A police officer shall have the same right of arrest without
    10  a warrant as in a felony whenever he has probable cause to
    11  believe the defendant has violated section 3126 (relating to
    12  indecent assault) OR, WHERE THE OFFENSE IS A MISDEMEANOR OF THE   <--
    13  FIRST DEGREE, SECTION 3127 (relating to indecent exposure) or     <--
    14  5901 (relating to open lewdness) although the offense did not
    15  take place in the presence of the police officer. A police
    16  officer may not arrest a person pursuant to this section without


     1  first directly speaking with the victim or eyewitnesses to the
     2  offense.
     3     Section 2.  This act shall take effect in 60 days.


















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