→
Previous
Latest
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.
⬇ Download PDF