SB 490 — 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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in bonds and
 3      recognizances, providing for bail of persons posing threat to
 4      public safety.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 42 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 5762.   Bail of persons posing threat to public safety.
10      (a)    Issuing authority release.--Notwithstanding any other
11   provision of rule or law, no issuing authority may permit the
12   release of a defendant on the defendant's own recognizance or
13   subject to an unsecured monetary condition of release if the
14   defendant is a person posing a threat to public safety.
15      (b)    Arresting officer release.--An arresting officer may not
16   release a person from custody prior to taking the person without
17   unnecessary delay to appear before the issuing authority if the
18   arrest is of a person posing a threat to public safety.
19      (c)    Denying bail.--Nothing in this section shall preclude
 1   the issuing authority from denying bail and detaining a person
 2   prior to trial if the issuing authority finds, substantially
 3   more likely than not, that no condition or combination of
 4   conditions of bail will reasonably ensure the safety of a person
 5   or the community if the person is released on bail.
 6      (d)   Construction.--Nothing in this section shall be
 7   construed to:
 8            (1)   Modify the presumption of innocence.
 9            (2)   Eliminate or limit the ability of an individual to
10      seek a bail modification hearing before the issuing authority
11      or a court of competent jurisdiction in accordance with any
12      other provision of law or rule of procedure.
13            (3)   Limit an issuing authority from setting bail at a
14      secured amount or otherwise detaining a person subject to
15      arrest.
16      (e)   Definitions.--As used in this section, the following
17   words and phrases shall have the meanings given to them in this
18   subsection unless the context clearly indicates otherwise:
19      "Person posing a threat to public safety."    A person subject
20   to arrest who poses a threat to a victim, an individual or the
21   public at large. The term includes, but is not limited to, a
22   person to whom any of the following applies:
23            (1)   The person is charged with committing a violation of
24      18 Pa.C.S. § 2702.1 (relating to assault of law enforcement
25      officer) or 5104.2 (relating to evading arrest or detention
26      on foot).
27            (2)   The person is charged with committing a crime of
28      violence as defined in section 9714(g) (relating to sentences
29      for second and subsequent offenses), and, within five years
30      prior to the arrest, excluding time spent confined to a State

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 1    or county correctional institution or juvenile detention
 2    center, the person was:
 3              (i)    convicted of a crime of violence as defined in
 4        section 9714(g); or
 5              (ii)    adjudicated delinquent by a court because of
 6        conduct which, if committed by an adult, would constitute
 7        a crime of violence as defined in section 9714(g).
 8        (3)   The person is charged with committing a violation of
 9    section 13(a)(30) of the act of April 14, 1972 (P.L.233,
10    No.64), known as The Controlled Substance, Drug, Device and
11    Cosmetic Act, or an attempt, conspiracy or solicitation to
12    commit an offense under section 13(a)(30) of The Controlled
13    Substance, Drug, Device and Cosmetic Act, and there is
14    probable cause to believe that the substance weighs 10 grams
15    or more and contains fentanyl, a fentanyl derivative or
16    carfentanil.
17    Section 2.      This act shall take effect in 60 days.




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