An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in bonds and recognizances, providing for the restriction on use of cash bail for pregnant defendants.

PRINTER'S NO. 1607
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1290
Session of
2026
INTRODUCED BY CAPPELLETTI, TARTAGLIONE, HAYWOOD, SCHWANK AND
KANE, APRIL 17, 2026
REFERRED TO JUDICIARY, APRIL 17, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bonds and
recognizances, providing for the restriction on use of cash
bail for pregnant defendants.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5703. Restricting the use of cash bail for pregnant
defendants.
(a) Restriction.--
(1) There shall be a rebuttable presumption against
imposing monetary conditions on a pregnant defendant who is
not facing a capital offense or offense for which the maximum
sentence is life imprisonment.
(2) The defendant, at minimum, shall give verbal notice
of the defendant's pregnancy status to the bail authority.
(3) If a monetary condition has been imposed on a
pregnant defendant, the bail authority shall state on the
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record or in writing the factual reasons why no lesser
restrictive release conditions or combination of release
conditions have been set and the facts that support a
determination that the defendant has the ability to pay the
amount of the monetary condition imposed.
(b) Notice.--A pregnant defendant shall provide notice to
the court by providing evidence of the pregnancy with a limited
waiver of privilege. A positive pregnancy test, medical record,
statement from a medical provider confirming pregnancy or a good
faith statement contending a pregnancy made by the defendant
shall constitute prima facie evidence of pregnancy.
(c) Request for pregnancy test.--A defendant who may be
pregnant and who is arrested and in custody in a county jail or
correctional facility held on a monetary condition in pretrial
detention may request a pregnancy test upon or following
admission to the county jail or correctional facility. Staff at
the county jail or correctional facility shall provide a
pregnancy test upon request and allow the defendant to take the
pregnancy test within 24 hours of the request at no cost to the
defendant.
(d) Confidentiality.--The court shall protect the medical
information provided to the court as confidential medical
information. A defendant's waiver of medical privilege to
present medical evidence of pregnancy in court is limited to
information relevant to determine whether the defendant is
pregnant.
(e) Misrepresentation.--Misrepresenting a defendant's status
as a pregnant defendant is a false statement under 18 Pa.C.S. §§
4902 (relating to perjury) and 4904 (relating to unsworn
falsification to authorities).
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(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Pregnant defendant." A person who is pregnant and who has
been accused of a crime.
"Pretrial detention." The period a defendant is held in
custody in a county jail or correctional facility between arrest
and trial.
Section 2. This act shall take effect in 60 days.
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