An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in bonds and recognizances, providing for bail of persons posing threat to public safety.

PRINTER'S NO. 444
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 490
Session of
2025
INTRODUCED BY ROBINSON, LANGERHOLC, PENNYCUICK, BROOKS, FONTANA,
GEBHARD, VOGEL AND STEFANO, MARCH 20, 2025
REFERRED TO JUDICIARY, MARCH 20, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bonds and
recognizances, providing for bail of persons posing threat to
public safety.
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:
§ 5762. Bail of persons posing threat to public safety.
(a) Issuing authority release.--Notwithstanding any other
provision of rule or law, no issuing authority may permit the
release of a defendant on the defendant's own recognizance or
subject to an unsecured monetary condition of release if the
defendant is a person posing a threat to public safety.
(b) Arresting officer release.--An arresting officer may not
release a person from custody prior to taking the person without
unnecessary delay to appear before the issuing authority if the
arrest is of a person posing a threat to public safety.
(c) Denying bail.--Nothing in this section shall preclude
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the issuing authority from denying bail and detaining a person
prior to trial if the issuing authority finds, substantially
more likely than not, that no condition or combination of
conditions of bail will reasonably ensure the safety of a person
or the community if the person is released on bail.
(d) Construction.--Nothing in this section shall be
construed to:
(1) Modify the presumption of innocence.
(2) Eliminate or limit the ability of an individual to
seek a bail modification hearing before the issuing authority
or a court of competent jurisdiction in accordance with any
other provision of law or rule of procedure.
(3) Limit an issuing authority from setting bail at a
secured amount or otherwise detaining a person subject to
arrest.
(e) 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:
"Person posing a threat to public safety." A person subject
to arrest who poses a threat to a victim, an individual or the
public at large. The term includes, but is not limited to, a
person to whom any of the following applies:
(1) The person is charged with committing a violation of
18 Pa.C.S. § 2702.1 (relating to assault of law enforcement
officer) or 5104.2 (relating to evading arrest or detention
on foot).
(2) The person is charged with committing a crime of
violence as defined in section 9714(g) (relating to sentences
for second and subsequent offenses), and, within five years
prior to the arrest, excluding time spent confined to a State
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or county correctional institution or juvenile detention
center, the person was:
(i) convicted of a crime of violence as defined in
section 9714(g); or
(ii) adjudicated delinquent by a court because of
conduct which, if committed by an adult, would constitute
a crime of violence as defined in section 9714(g).
(3) The person is charged with committing a violation of
section 13(a)(30) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, or an attempt, conspiracy or solicitation to
commit an offense under section 13(a)(30) of The Controlled
Substance, Drug, Device and Cosmetic Act, and there is
probable cause to believe that the substance weighs 10 grams
or more and contains fentanyl, a fentanyl derivative or
carfentanil.
Section 2. This act shall take effect in 60 days.
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