PRIOR PRINTER'S NO. 5 PRINTER'S NO. 392
No. 14 Session of 1991
INTRODUCED BY CALTAGIRONE, LaGROTTA, SAURMAN, GIGLIOTTI, DALEY,
KOSINSKI, STABACK, LAUGHLIN, HALUSKA, GODSHALL, KRUSZEWSKI,
BELFANTI, ANGSTADT, BOYES, JOHNSON, M. N. WRIGHT, WOGAN,
HERMAN, SURRA, KASUNIC AND MIHALICH, JANUARY 15, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 11, 1991
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the arrest
3 and detention of persons wanted in other counties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 91 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter to read:
8 CHAPTER 91
9 DETAINERS AND EXTRADITION
10 * * *
11 SUBCHAPTER C
12 INTER-COUNTY DETENTION
13 Sec.
14 9161. Arrest prior to requisition.
15 9162. Arrest without a warrant.
16 9163. Commitment to await requisition.
17 9164. Bail.
1 9165. PAYMENT OF COSTS AND EXPENSES. <--
2 § 9161. Arrest prior to requisition.
3 Whenever any person within this Commonwealth shall be charged
4 on the oath of any credible person before any judge or issuing
5 authority of this Commonwealth with the commission of any crime
6 in any other county of this Commonwealth, with having fled from
7 justice or having been convicted of a crime in that county and
8 having escaped from confinement or having broken the terms of
9 his bail, probation or parole, or whenever complaint shall have
10 been made before any judge or issuing authority in this
11 Commonwealth, setting forth on the affidavit of any credible
12 person on information received by way of computer check or other
13 means of electronic communication, or upon affidavit of a
14 credible person from the charging county that a crime has been
15 committed in such other county and that the accused has been
16 charged in such county with the commission of the crime, and has
17 fled from justice or with having been convicted of a crime in
18 that county and having escaped from confinement or having broken
19 the terms of his bail, probation or parole, and is believed to
20 be elsewhere in this Commonwealth, the judge or issuing
21 authority shall issue a warrant directed to any peace officer
22 commanding him to apprehend the person named therein wherever he
23 may be found in this Commonwealth and to bring him before the
24 same or any other judge or issuing authority who or which may be
25 available in, or convenient of, access to the place where the
26 arrest may be made to answer the charge or complaint and
27 affidavit, and a certified copy of the sworn charge or complaint
28 and affidavit upon which the warrant is issued shall be attached
29 to the warrant.
30 § 9162. Arrest without a warrant.
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1 The arrest of a person may be lawfully made by any peace
2 officer or a private person without a warrant upon reasonable
3 information that the accused stands charged in the courts of
4 another county of this Commonwealth with a crime punishable by
5 death or imprisonment for a term exceeding one year, but when so
6 arrested the accused must be taken before a judge or issuing
7 authority with all practicable speed, and complaint must be made
8 against him under oath setting forth the ground for the arrest
9 as in section 9161 (relating to arrest prior to requisition),
10 and thereafter his answer shall be heard as if he had been
11 arrested on a warrant.
12 § 9163. Commitment to await requisition.
13 If from the examination before the judge or issuing authority
14 it appears that the person held is the person charged with
15 having committed the crime alleged, and that he has fled from
16 justice, the judge or issuing authority must, by a warrant
17 reciting the accusation, commit him to the county jail for such
18 a time, not exceeding ten FIVE days, and specified in the <--
19 warrant, as will enable the arrest of the accused to be made
20 under a warrant of the charging county unless the accused gives
21 bail as provided in section 9164 (relating to bail), or until he
22 shall be legally discharged.
23 § 9164. Bail.
24 Unless the offense with which the prisoner is charged is
25 shown to be an offense punishable by death or life imprisonment
26 under the laws of this Commonwealth, a judge or issuing
27 authority in this Commonwealth may admit the person arrested to
28 bail by bond with sufficient sureties and in such sum as he
29 deems proper, conditioned for his appearance before him at a
30 time specified in such bond and for his surrender to be arrested
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1 upon the warrant of the county in which the offense was
2 committed.
3 § 9165. PAYMENT OF COSTS AND EXPENSES. <--
4 ALL COSTS AND EXPENSES SHALL BE PAID OUT OF THE COUNTY
5 TREASURY IN THE COUNTY WHEREIN CHARGES WERE FILED IN CONNECTION
6 WITH THE ALLEGED CRIME.
7 Section 2. This act shall take effect immediately.
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