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HOUSE AMENDED
PRIOR PRINTER'S NO. 439
PRINTER'S NO. 1424
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
449
Session of
2017
INTRODUCED BY BARTOLOTTA, TARTAGLIONE, VULAKOVICH, BREWSTER,
YUDICHAK, RAFFERTY, GORDNER, VOGEL, COSTA, HUGHES, WARD,
BROWNE, KILLION, MENSCH, YAW AND BOSCOLA, FEBRUARY 27, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 23, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for
probable cause arrests in domestic violence cases.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2711(c)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding a subsection to read:
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:
§ 2711. Probable cause arrests in domestic violence cases.
(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
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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).
* * *
(c) Bail.--
* * *
(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 and may use
a risk assessment tool adopted under subsection (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). 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 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
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first. A violation of this condition 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.
(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
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
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INFORMATION FROM CASES FROM THE JUDICIAL DISTRICT WHERE THE
TOOL IS TO BE UTILIZED. THE REPORT SHALL BE UPDATED EVERY TWO
YEARS.
* * *
(e) Risk assessment tool.--A court of common pleas may adopt
a bail risk assessment tool to aid in evaluating the relative
risk that a defendant will assault the defendant's alleged
victim while on bail.
Section 2. This act shall take effect in 60 days. 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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