PRINTER'S NO. 1940

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1565 Session of 2005

        INTRODUCED BY BISHOP, HARHAI, BLACKWELL, BEBKO-JONES, THOMAS,
           TIGUE, CALTAGIRONE, LEDERER, PHILLIPS, PISTELLA AND
           YOUNGBLOOD, MAY 10, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 10, 2005

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for stalking.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Section 2709.1 of Title 18 of the Pennsylvania
     6  Consolidated Statutes is amended by adding subsections to read:
     7  § 2709.1.  Stalking.
     8     * * *
     9     (b.1)  Bail.--
    10         (1)  A defendant arrested under this section shall be
    11     afforded a preliminary arraignment by the proper issuing
    12     authority without unnecessary delay. In no case shall the
    13     arresting officer release the defendant from custody rather
    14     than taking the defendant before the issuing authority.
    15         (2)  In determining whether to admit the defendant to
    16     bail, the issuing authority shall consider whether the
    17     defendant poses a present threat to the physical safety of

     1     the victim. If the issuing authority makes such a
     2     determination, it shall require as conditions of bail that
     3     the defendant refrain from remaining present outside or
     4     entering the residence or household of the victim and the
     5     victim's place of employment and refrain from committing any
     6     further criminal conduct against the victim and shall notify
     7     the defendant of the required conditions at the time the
     8     defendant is admitted to bail. Conditions shall expire when
     9     the case is finally disposed of or when modified by the
    10     court. A violation of a condition is punishable by revocation
    11     of pretrial release, forfeiture of bail, issuance of a bench
    12     warrant for the defendant's arrest or remanding the defendant
    13     to custody or modification of the terms of the bail. The
    14     defendant shall be provided a hearing on this matter.
    15     (b.2)  Mental health, drug and alcohol evaluation.--The court
    16  shall order a defendant who is convicted or who pleads guilty or
    17  no contest to a charge under this section to undergo a mental
    18  health evaluation and a drug and alcohol evaluation.
    19     * * *
    20     Section 2.  This act shall take effect in 60 days.







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