THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY W. KELLER, BAKER, BARRAR, BEYER, BRENNAN, D. COSTA, P. COSTA, CRUZ, GEIST, GIBBONS, GRUCELA, HARPER, HARRIS, HESS, KILLION, McGEEHAN, MENSCH, MILLER, M. O'BRIEN, O'NEILL, PYLE, READSHAW, REICHLEY, SABATINA, SCAVELLO, SIPTROTH, K. SMITH, SWANGER AND VULAKOVICH, FEBRUARY 9, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 2009  

AN ACT

Amending the act of August 6, 1941 (P.L.861, No.323), entitled,

as amended, "An act to create a uniform and exclusive system

for the administration of parole in this Commonwealth;

providing state probation services; establishing the

'Pennsylvania Board of Probation and Parole'; conferring and

defining its jurisdiction, duties, powers and functions;

including the supervision of persons placed upon probation

and parole in certain designated cases; providing for the

method of appointment of its members; regulating the

appointment, removal and discharge of its officers, clerks

and employes; dividing the Commonwealth into administrative

districts for purposes of probation and parole; fixing the

salaries of members of the board and of certain other

officers and employes thereof; making violations of certain

provisions of this act misdemeanors; providing penalties

therefor; and for other cognate purposes, and making an

appropriation," further providing for supervision by county

probation and parole officers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 27.2(d) of the act of August 6, 1941

(P.L.861, No.323), referred to as the Pennsylvania Board of

Probation and Parole Law, is amended by adding paragraphs to

read:

Section 27.2.  * * *

(d)  * * *

(7)  It is not the intent of the General Assembly to

authorize officers or law enforcement officers to conduct

personal or property searches for the sole purpose of

harassment.

(8)  An inmate who is eligible for release on parole from an

offense under 18 Pa.C.S. Pt. II Art. B (relating to offenses

involving danger to the person) or Ch. 61 (relating to firearms

and other dangerous articles) must agree in writing to be

subject to search or seizure by an officer or law enforcement

officer at any time, with or without a search warrant and with

or without cause.

(9)  An officer or law enforcement officer may conduct a

personal or property search of an inmate released on parole from

an offense under 18 Pa.C.S. Pt. II Art. B or Ch. 61 without a

warrant and without cause.

* * *

Section 2.  This act shall take effect in 60 days.