HB 449 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in commencement of proceedings, further providing for arrest without warrant.

PRINTER'S NO.   434

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 449
                                                 Session of
                                                   2025

     INTRODUCED BY GIRAL, KHAN, HILL-EVANS, OTTEN, RABB, HOWARD,
        KENYATTA, HADDOCK AND PARKER, FEBRUARY 3, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2025


                                      AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in commencement of
 3      proceedings, further providing for arrest without warrant.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Section 8902 of Title 42 of the Pennsylvania
 7   Consolidated Statutes is amended to read:
 8   § 8902.    Arrest without warrant.
 9      (a)    General rule.--For any of the following offenses, a
10   police officer shall, upon view, have the right of arrest
11   without warrant, subject to subsection (a.1), upon probable
12   cause when there is ongoing conduct that imperils the personal
13   security of any person or endangers public or private property:
14             (1)   Under Title 18 (relating to crimes and offenses)
15      when such offense constitutes a summary offense:
16             18 Pa.C.S. § 5503 (relating to disorderly conduct).
17             18 Pa.C.S. § 5505 (relating to public drunkenness and
18      similar misconduct).
 1            18 Pa.C.S. § 5507 (relating to obstructing highways and
 2      other public passages).
 3            18 Pa.C.S. § 6308 (relating to purchase, consumption,
 4      possession or transportation of liquor or malt or brewed
 5      beverages).
 6            (2)   Violation of an ordinance of a city of the second
 7      class.
 8      (a.1)    Warning or citation required.--Prior to an arrest
 9   under subsection (a), a police officer must issue a warning or a
10   citation that states that the individual's conduct is unlawful
11   and order the individual to cease the unlawful conduct. If the
12   individual refuses or knowingly fails to cease the unlawful
13   conduct, the police officer may arrest the individual subject to
14   the provisions of this section.
15      (b)   Guidelines by governmental body.--The right of arrest
16   without warrant under this section shall be permitted only after
17   the governmental body employing the police officer promulgates
18   guidelines to be followed by a police officer when making a
19   warrantless arrest under this section.
20      Section 2.    This act shall take effect in 60 days.




20250HB0449PN0434                    - 2 -