PRIOR PRINTER'S NO. 515
PRINTER'S NO. 2276
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
470
Session of
2015
INTRODUCED BY CALTAGIRONE, GRELL, D. COSTA, TOEPEL, THOMAS,
MILLARD, KINSEY, A. HARRIS, MURT, HARKINS, KORTZ AND
READSHAW, FEBRUARY 12, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2015
AN ACT
Amending Titles TITLE 42 (Judiciary and Judicial Procedure) and
61 (Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in other criminal provisions, further providing for
supervisory relationship to offenders; and, in Pennsylvania
Board of Probation and Parole, further providing for
supervisory relationship to offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9912(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
SECTION 1. SECTION 9912(B)(2) AND (D) HEADING OF TITLE 42 OF
THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND
SUBSECTION (D) IS AMENDED BY ADDING AN INTRODUCTORY PARAGRAPH TO
READ:
§ 9912. Supervisory relationship to offenders.
* * *
(b) Searches and seizures authorized.--
* * *
(3) (i) Officers and, where they are responsible for
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the supervision of county offenders, State parole agents
may briefly seize an individual who is being supervised
on parole or probation to determine if the individual is
complying with the individual's conditions of probation
or parole. No level of suspicion shall be required for
the seizure to occur.
(ii) The duration of any seizure made pursuant to
this paragraph shall be reasonable and shall end once it
is determined that the individual is complying with the
conditions of the individual's probation or parole.
(iii) Nothing in this paragraph shall be construed
as authorizing officers and State parole agents to
conduct seizures for the sole purpose of harassment.
* * *
Section 2. Section 6153(b) of Title 61 is amended by adding
a paragraph to read:
§ 6153. Supervisory relationship to offenders.
* * *
(b) Searches and seizures authorized.--
* * *
(3) (i) Agents may briefly seize an individual who is
being supervised on parole or probation to determine if
the individual is complying with the individual's
conditions of probation or parole. No level of suspicion
shall be required for the seizure to occur.
(ii) The duration of any seizure made pursuant to
this subsection shall be reasonable and shall end once it
is determined that the individual is complying with the
conditions of the individual's probation or parole.
(iii) Nothing in this subsection shall be construed
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as authorizing agents to conduct seizures for the sole
purpose of harassment.
* * *
(B) SEARCHES AND SEIZURES AUTHORIZED.--
* * *
(2) (I) OFFICERS MAY SEARCH, IN ACCORDANCE WITH THE
PROVISIONS OF THIS [SECTION] SUBSECTION, THE PERSON AND
PROPERTY OF ANY OFFENDER [WHO ACCEPTS ARD AS A RESULT OF
A CHARGE OF A VIOLATION OF 18 PA.C.S. CH. 31 (RELATING TO
SEXUAL OFFENSES)] IF THE COURT HAS DETERMINED THAT THE
OFFENDER SHALL BE SUBJECT TO PERSONAL AND PROPERTY
SEARCHES AS A CONDITION OF THE OFFENDER'S [PARTICIPATION
IN THE ARD PROGRAM] SUPERVISION.
(II) THE COURT SHALL NOTIFY EACH OFFENDER [SO
OFFERED ARD, PRIOR TO ADMISSION TO AN ARD PROGRAM,] THAT
THE OFFENDER SHALL BE SUBJECT TO SEARCHES IN ACCORDANCE
WITH THIS [SECTION] SUBSECTION.
(III) NOTHING IN THIS [SECTION] SUBSECTION SHALL BE
CONSTRUED TO PERMIT SEARCHES OR SEIZURES IN VIOLATION OF
THE CONSTITUTION OF THE UNITED STATES OR SECTION 8 OF
ARTICLE I OF THE CONSTITUTION OF PENNSYLVANIA.
* * *
(D) GROUNDS FOR PERSONAL AND PROPERTY SEARCH.--EXCEPT AS
PROVIDED UNDER SUBSECTION (B), THE FOLLOWING SHALL APPLY:
* * *
Section 3 2. This act shall take effect in 60 days.
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