PRINTER'S NO. 617
No. 555 Session of 1989
INTRODUCED BY CALTAGIRONE, MAYERNIK AND LaGROTTA,
FEBRUARY 15, 1989
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 15, 1989
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.
18 § 9161. Arrest prior to requisition.
1 Whenever any person within this Commonwealth shall be charged
2 on the oath of any credible person before any judge or issuing
3 authority of this Commonwealth with the commission of any crime
4 in any other county of this Commonwealth, with having fled from
5 justice or having been convicted of a crime in that county and
6 having escaped from confinement or having broken the terms of
7 his bail, probation or parole, or whenever complaint shall have
8 been made before any judge or issuing authority in this
9 Commonwealth, setting forth on the affidavit of any credible
10 person on information received by way of computer check or other
11 means of electronic communication, or upon affidavit of a
12 credible person from the charging county that a crime has been
13 committed in such other county and that the accused has been
14 charged in such county with the commission of the crime, and has
15 fled from justice or with having been convicted of a crime in
16 that county and having escaped from confinement or having broken
17 the terms of his bail, probation or parole, and is believed to
18 be elsewhere in this Commonwealth, the judge or issuing
19 authority shall issue a warrant directed to any peace officer
20 commanding him to apprehend the person named therein wherever he
21 may be found in this Commonwealth and to bring him before the
22 same or any other judge or issuing authority who or which may be
23 available in, or convenient of, access to the place where the
24 arrest may be made to answer the charge or complaint and
25 affidavit, and a certified copy of the sworn charge or complaint
26 and affidavit upon which the warrant is issued shall be attached
27 to the warrant.
28 § 9162. Arrest without a warrant.
29 The arrest of a person may be lawfully made by any peace
30 officer or a private person without a warrant upon reasonable
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1 information that the accused stands charged in the courts of
2 another county of this Commonwealth with a crime punishable by
3 death or imprisonment for a term exceeding one year, but when so
4 arrested the accused must be taken before a judge or issuing
5 authority with all practicable speed, and complaint must be made
6 against him under oath setting forth the ground for the arrest
7 as in section 9161 (relating to arrest prior to requisition),
8 and thereafter his answer shall be heard as if he had been
9 arrested on a warrant.
10 § 9163. Commitment to await requisition.
11 If from the examination before the judge or issuing authority
12 it appears that the person held is the person charged with
13 having committed the crime alleged, and that he has fled from
14 justice, the judge or issuing authority must, by a warrant
15 reciting the accusation, commit him to the county jail for such
16 a time, not exceeding ten days, and specified in the warrant, as
17 will enable the arrest of the accused to be made under a warrant
18 of the charging county unless the accused gives bail as provided
19 in section 9164 (relating to bail), or until he shall be legally
20 discharged.
21 § 9164. Bail.
22 Unless the offense with which the prisoner is charged is
23 shown to be an offense punishable by death or life imprisonment
24 under the laws of this Commonwealth, a judge or issuing
25 authority in this Commonwealth may admit the person arrested to
26 bail by bond with sufficient sureties and in such sum as he
27 deems proper, conditioned for his appearance before him at a
28 time specified in such bond and for his surrender to be arrested
29 upon the warrant of the county in which the offense was
30 committed.
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1 Section 2. This act shall take effect immediately.
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