PRINTER'S NO. 439
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
449
Session of
2017
INTRODUCED BY BARTOLOTTA, TARTAGLIONE, VULAKOVICH, BREWSTER,
YUDICHAK, RAFFERTY, GORDNER, VOGEL, COSTA, HUGHES, WARD,
BROWNE AND KILLION, FEBRUARY 27, 2017
REFERRED TO JUDICIARY, FEBRUARY 27, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for
probable cause arrests in domestic violence cases.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2711(c)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding a subsection to read:
ยง 2711. Probable cause arrests in domestic violence cases.
* * *
(c) Bail.--
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(2) In determining whether to admit the defendant to
bail, the issuing authority shall consider whether the
defendant poses a threat of danger to the victim and may use
a risk assessment tool adopted under subsection (e). If the
issuing authority makes such a determination, it shall
require as a condition of bail that the defendant shall
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refrain from entering the residence or household of the
victim and the victim's place of employment and shall refrain
from committing any further criminal conduct against the
victim and shall so notify the defendant thereof at the time
the defendant is admitted to bail. Such condition shall
expire at the time of the preliminary hearing or upon the
entry or the denial of the protection of abuse order by the
court, whichever occurs first. A violation of this condition
may be punishable by the revocation of any form of pretrial
release or the forfeiture of bail and the issuance of a bench
warrant for the defendant's arrest or remanding him to
custody or a modification of the terms of the bail. The
defendant shall be provided a hearing on this matter.
* * *
(e) Risk assessment tool.--A court of common pleas may adopt
a bail risk assessment tool to aid in evaluating the relative
risk that a defendant will assault the defendant's alleged
victim while on bail.
Section 2. This act shall take effect in 60 days.
20170SB0449PN0439 - 2 -
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