PRINTER'S NO. 2764
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2349
Session of
2022
INTRODUCED BY KINSEY, SANCHEZ, FRANKEL, McNEILL, KIM, BULLOCK,
YOUNG, HOHENSTEIN, HERRIN, SIMS AND D. WILLIAMS,
MARCH 8, 2022
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 8, 2022
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in commencement of
proceedings, further providing for arrest without warrant.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8902 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 8902. Arrest without warrant.
(a) General rule.--For any of the following offenses, a
police officer shall, upon view, have the right of arrest
without warrant, subject to subsection (a.1), upon probable
cause when there is ongoing conduct that imperils the personal
security of any person or endangers public or private property:
(1) Under Title 18 (relating to crimes and offenses)
when such offense constitutes a summary offense:
18 Pa.C.S. § 5503 (relating to disorderly conduct).
18 Pa.C.S. § 5505 (relating to public drunkenness).
18 Pa.C.S. § 5507 (relating to obstructing highways and
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other public passages).
18 Pa.C.S. § 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed
beverages).
(2) Violation of an ordinance of a city of the second
class.
(a.1) Warning or citation required.--Prior to an arrest
under subsection (a), a police officer must issue a warning or a
citation that states that the individual's conduct is unlawful
and order the individual to cease the unlawful conduct. If the
individual refuses or knowingly fails to cease the unlawful
conduct, the police officer may arrest the individual subject to
the provisions of this section.
(b) Guidelines by governmental body.--The right of arrest
without warrant under this section shall be permitted only after
the governmental body employing the police officer promulgates
guidelines to be followed by a police officer when making a
warrantless arrest under this section.
Section 2. This act shall take effect in 60 days.
20220HB2349PN2764 - 2 -
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