Pennsylvania 2017-2018 Regular Session Status: Enacted Bipartisan · 4 R · 4 D cosponsors

SB 449 — 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.

Last action — Approved by the Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2017. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    1 primary, 17 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 4 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

47 added · 34 removed

Plain-language change summary

The changes to Senate Bill 449 include adding "strangulation" as a violation that can lead to a probable cause arrest in domestic violence cases. Additionally, the bill now allows the use of a pretrial risk assessment tool to evaluate the potential danger posed by a defendant to the victim when considering bail. This matters because it aims to enhance the safety of victims by ensuring that judges have better tools to assess threats and make informed decisions regarding bail, while also addressing potential biases in assessments.

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HOUSE COMMITTEE ON APPROPRIATIONS FISCAL NOTE SENATE BILL NO.
PRINTER'S NO.
449 PRINTERS NO.
439 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1424 PRIME SPONSOR:
449 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 AmeConsolidated Statutes, in assault, further providing for probable cause arrests in domestic violence cases.
Bartolotta COST / (SAVINGS) FUND FY 2017/18 FY 2018/19 General Fund $0 See Fiscal Impact SUMMARY:
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Senate Bill 449, Printer’s Number 1424 amends Title 18 (Crimes and Offenses), Section 2711 (Probable cause arrests in domestic violence cases).
Section 1.
ANALYSIS:
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:
Under current law, in cases of probable cause arrests relating to domestic violence, a police officer has the right to arrest without warrant whenever there is probable cause of a violation of certain offenses.
§ 2711.
SB 449 amends the Crimes Code by adding a violation of Section 2718 (relating to strangulation) to the list of violations.
Probable cause arrests in domestic violence cases.
In addition, SB 449 provides that the issuing authority may use a pretrial risk assessment tool when determining bail in a domestic violence case.
* * * (c) Bail.-- * * * (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).
The legislation further provides that the president judge of the Court of Common Pleas may adopt a pretrial risk assessment tool for use by the Court of Common Pleas to aid in the determination of whether the defendant poses a threat of danger to the victim.
If the issuing authority makes such a determination, it shall require as a condition of bail that the defendant shall 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.
SB 449 requires the Pennsylvania Commission on Sentencing (commission) to develop a model pretrial assessment tool which may be used by issuing agencies that is free from racial or economic bias.
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.
Prior to the adoption of the tool, the commission will publish a report of validating information from cases from the judicial district where the tool is to be used.
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 report will be updated every two years.
The defendant shall be provided a hearing on this matter.
The provisions of the legislation requiring the commission to validate a pretrial risk assessment tool will be effective in two years.
* * * (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.
The remainder of the bill will be effective in 60 days.
Section 2.
FISCAL IMPACT:
This act shall take effect in 60 days.
Enactment of this legislation will have no adverse fiscal impact on Commonwealth funds.
20170SB0449PN0439 - 2 -
Any costs associated with the development and validation of a pretrial assessment tool by the Pennsylvania Commission on Sentencing would be absorbed within the commission’s current funding levels.
PREPARED BY:
Jenny P.
Stratton House Appropriations Committee (R) DATE:
March 9, 2018 Estimates are calculated using the best information available.
Actual costs and revenue impact incurred may vary from estimates.
View plain text versions (2)

Action History

  1. Approved by the Governor

  2. Presented to the Governor

  3. Signed in House

  4. Signed in Senate

  5. Senate concurred in House amendments

  6. Re-reported on concurrence, as committed

  7. Referred to RULES AND EXECUTIVE NOMINATIONS

  8. Third consideration and final passage

  9. Re-reported as committed

  10. Re-referred to APPROPRIATIONS

  11. Second consideration

  12. Removed from table

  13. Laid on the table

  14. First consideration

  15. PN 1424 Reported as amended

  16. Referred to JUDICIARY

  17. Third consideration and final passage

  18. Second consideration

  19. Removed from table

  20. Laid on the table (Pursuant to Senate Rule 9)

  21. First consideration

  22. Reported as committed

  23. PN 0439 Referred to JUDICIARY

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 17 co-sponsors · 235 not signed on

Sponsors (1)

Co-sponsors (17)

Not signed on (235)

235 members have not signed on to this bill.

Show all 235 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 50 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 29000
Republican 13000
Democratic 8000
Total 50000
% of votes cast 100%0%0%0%
How each member voted (50)
Member Party Vote
ALLOWAY — Yea
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Yea
EICHELBERGER — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
MENSCH — Yea
RAFFERTY — Yea
REGAN — Yea
RESCHENTHALER — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
WILLIAMS — Yea
YUDICHAK — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Lisa M. Boscola Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 4000
Republican 4000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
ALLOWAY — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
RESCHENTHALER — Yea
WILLIAMS — Yea
CORMAN — Yea
SCARNATI — Yea
Jay Costa Democratic Yea
Lisa M. Boscola Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Kathleen C. Tomlinson Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea

Official roll call →

FINAL PASSAGE

Passed 187 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 110009
Republican 44000
Democratic 33004
Total 1870013
% of votes cast 94%0%0%7%
How each member voted (200)
Member Party Vote
BARRAR — Yea
BLOOM — Yea
BOBACK — Yea
CHARLTON — Yea
E CHRISTIANA — Not Voting
CORBIN — Yea
CORR — Yea
COX — Yea
REED — Yea
DIGIROLAMO — Yea
DOWLING — Yea
ELLIS — Yea
ENGLISH — Yea
EVANKOVICH — Yea
EVERETT — Yea
E GABLER — Not Voting
GILLESPIE — Yea
GODSHALL — Yea
HAHN — Yea
HARPER — Yea
HARRIS, A. — Yea
HELM — Yea
HENNESSEY — Yea
HICKERNELL — Yea
HILL — Yea
KAMPF — Yea
KELLER, F. — Yea
KELLER, M.K. — Yea
KNOWLES — Yea
LEWIS — Yea
MACKENZIE — Yea
E MAHER — Not Voting
MARSICO — Yea
MASSER — Yea
MCGINNIS — Yea
METCALFE — Yea
E MICCARELLI — Not Voting
MILLARD — Yea
MILNE — Yea
MURT — Yea
E MUSTIO — Not Voting
NELSON — Yea
NESBIT — Yea
O'NEILL — Yea
PEIFER — Yea
PYLE — Yea
QUIGLEY — Yea
QUINN, C. — Yea
QUINN, M. — Yea
REESE — Yea
ROE — Yea
RYAN — Yea
E SACCONE — Not Voting
SANKEY — Yea
SANTORA — Yea
SAYLOR — Yea
SIMMONS — Yea
SONNEY — Yea
STEPHENS — Yea
TALLMAN — Yea
TAYLOR — Yea
TOBASH — Yea
TOEPEL — Yea
TOOHIL — Yea
WARD — Yea
WATSON — Yea
WHEELAND — Yea
BARBIN — Yea
BROWN, V. — Yea
CALTAGIRONE — Yea
CRUZ — Yea
E DEAN — Not Voting
DELISSIO — Yea
DELUCA — Yea
DERMODY — Yea
DONATUCCI — Yea
DRISCOLL — Yea
EVANS — Yea
E FABRIZIO — Not Voting
FITZGERALD — Yea
GAINEY — Yea
GALLOWAY — Yea
E GOODMAN — Not Voting
HAGGERTY — Yea
HANNA — Yea
KAVULICH — Yea
KELLER, W. — Yea
KIRKLAND — Yea
KORTZ — Yea
LONGIETTI — Yea
MCCARTER — Yea
MULLERY — Yea
O'BRIEN — Yea
PETRARCA — Yea
RAVENSTAHL — Yea
READSHAW — Yea
ROEBUCK — Yea
SAINATO — Yea
SIMS — Yea
SNYDER — Yea
STURLA — Yea
THOMAS — Yea
VAZQUEZ — Yea
WHEATLEY — Yea
YOUNGBLOOD — Yea
TURZAI — Yea
Aaron Kaufer — Yea
Barry Jozwiak — Yea
DAVIS, A — Yea
Dan Miller — Yea
Donna Bullock — Yea
Donna Oberlander — Yea
George Dunbar — Yea
Jim Marshall — Yea
Kevin Boyle — Yea
Mark Rozzi — Yea
Paul Schemel — Yea
Seth Grove — Yea
Stephen Kinsey — Yea
Andre D. Carroll Democratic Yea
Anita Astorino Kulik Democratic Yea
Brandon J. Markosek Democratic Yea
Carolyn T. Comitta Democratic Yea
Christopher M. Rabb Democratic Yea
Dan Frankel Democratic Yea
Daniel J. Deasy Democratic Yea
Ed Neilson Democratic Yea
Eddie Day Pashinski Democratic Yea
Frank Burns Democratic Not Voting
Greg Vitali Democratic Not Voting
Jared G. Solomon Democratic Not Voting
Jason Dawkins Democratic Yea
Jay Costa Democratic Yea
Jay Costa Democratic Yea
Jeanne McNeill Democratic Yea
Joanna E. McClinton Democratic Yea
Jordan A. Harris Democratic Yea
Leanne Krueger Democratic Yea
Marty Flynn Democratic Yea
Mary Jo Daley Democratic Yea
Matthew D. Bradford Democratic Yea
Maureen E. Madden Democratic Yea
Michael H. Schlossberg Democratic Yea
Morgan Cephas Democratic Yea
Nathan Davidson Democratic Not Voting
Patrick J. Harkins Democratic Yea
Patty Kim Democratic Yea
Perry S. Warren Democratic Yea
Peter Schweyer Democratic Yea
Robert F. Matzie Democratic Yea
Robert Freeman Democratic Yea
Ryan A. Bizzarro Democratic Yea
Scott Conklin Democratic Yea
Steve Samuelson Democratic Yea
Tim Briggs Democratic Yea
Tina M. Davis Democratic Yea
Aaron Bernstine Republican Yea
Brad Roae Republican Yea
Brett R. Miller Republican Yea
Bryan Cutler Republican Yea
Bud Cook Republican Yea
Carl Walker Metzgar Republican Yea
Craig T. Staats Republican Yea
Cris Dush Republican Yea
Dan Moul Republican Yea
David H. Zimmerman Republican Yea
David M. Maloney Republican Yea
Dawn W. Keefer Republican Yea
Doyle Heffley Republican Yea
Frank A. Farry Republican Yea
Gary W. Day Republican Yea
Greg Rothman Republican Yea
Jack Rader Republican Yea
Jamie Walsh Republican Yea
Jason Ortitay Republican Yea
Jesse Topper Republican Yea
Joe Emrick Republican Yea
John A. Lawrence Republican Yea
Jonathan Fritz Republican Yea
Kate A. Klunk Republican Yea
Kathy L. Rapp Republican Yea
Keith J. Greiner Republican Yea
Kerry A. Benninghoff Republican Yea
Lynda Schlegel Culver Republican Yea
Mark M. Gillen Republican Yea
Martin T. Causer Republican Yea
Martina A. White Republican Yea
Mindy Fee Republican Yea
Parke Wentling Republican Yea
R. Lee James Republican Yea
Rich Irvin Republican Yea
Rob W. Kauffman Republican Yea
Rosemary M. Brown Republican Yea
Russ Diamond Republican Yea
Ryan Warner Republican Yea
Sheryl M. Delozier Republican Yea
Steven C. Mentzer Republican Yea
Thomas L. Mehaffie Republican Yea
Tina Pickett Republican Yea
Zachary Mako Republican Yea

Official roll call →

FINAL PASSAGE

Passed 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Republican 13000
Unaffiliated 28001
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
WILLIAMS — Yea
YUDICHAK — Yea
ALLOWAY — Yea
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Not Voting
EICHELBERGER — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
MENSCH — Yea
RAFFERTY — Yea
REGAN — Yea
RESCHENTHALER — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Lisa M. Boscola Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Republican 2000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
ALLOWAY — Yea
EICHELBERGER — Yea
FARNESE — Yea
GORDNER — Yea
LEACH — Yea
RAFFERTY — Yea
RESCHENTHALER — Yea
SABATINA — Yea
VULAKOVICH — Yea
GREENLEAF — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Lisa M. Boscola Democratic Yea
Gene Yaw Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 449?
SB 449 is sponsored by Camera Bartolotta (Republican), Lisa M. Boscola (Democratic), Brewster, Michele Brooks (Republican), Browne, Gordner, Vincent J. Hughes (Democratic), Killion, Mensch, Rafferty, Christine M. Tartaglione (Democratic), Elder A. Vogel (Republican), Vulakovich, Gene Yaw (Republican), Yudichak, Ward, Mcgarrigle, and Jay Costa (Democratic).
What is the current status of SB 449?
This bill has been enacted into law. Introduced February 27, 2017. Enacted.
Where can I track SB 449?
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