A02906
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
123
Session of
2015
INTRODUCED BY DELOZIER, MARSICO, GABLER, GRELL, A. HARRIS,
M. K. KELLER, MURT, READSHAW AND SACCONE, JANUARY 21, 2015
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bonds and
recognizances, further providing for bail to be governed by
general rules.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5702 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 5702. Bail to be governed by general rules.
(a) General rule.--Except as otherwise provided by this
title and the laws relating to the regulation of surety
companies, all matters relating to the fixing, posting,
forfeiting, exoneration and distribution of bail and
recognizances shall be governed by general rules.
(b) Use of cash bail.--
(1) Unless otherwise ordered by the court, if cash bail
was deposited by or on behalf of a defendant, the amount
otherwise returnable shall be used to pay and satisfy any
outstanding restitution, fees, fines and costs owed by the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
defendant in connection with any criminal or delinquency
case. In any case in which the defendant is the named
depositor, any cash bail deposited by the defendant that is
otherwise returnable to the defendant shall be held and
applied to the payment of any restitution, fees, fines and
costs imposed upon the defendant in connection with any
criminal or delinquency case, unless the defendant shows that
he or she would suffer an undue hardship.
(2) In any case in which the defendant is not the named
depositor, the court may order, upon motion of the attorney
for the Commonwealth, that any cash bail deposited on behalf
of the defendant that is otherwise returnable to the
depositor be held and applied to the payment of any
restitution, fees, fines and costs imposed upon the defendant
in connection with any criminal or delinquency case, unless
the depositor shows that he or she would suffer an undue
hardship.
(2) (3) Written notice of the provisions of this
subsection shall be provided to a depositor prior to the
acceptance of a deposit.
Section 2. This act shall take effect in 60 days.
A02906 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21