Bill Text: PA SB246 | 2009-2010 | Regular Session | Introduced

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Bill Title: In assault, further providing for probable cause arrests in domestic violence cases; and, in protection from abuse, providing for an electronic monitoring program.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Introduced - Dead) 2009-02-19 - Referred to JUDICIARY [SB246 Detail]

Download: Pennsylvania-2009-SB246-Introduced.html

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PRINTER'S NO. 250
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 246 Session of2009
INTRODUCED BY GORDNER, WASHINGTON, BROWNE, ORIE, RAFFERTY, STACK, O'PAKE AND ALLOWAY, FEBRUARY 19, 2009
REFERRED TO JUDICIARY, FEBRUARY 19, 2009
AN ACT
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, in
assault, further providing for probable cause arrests in
domestic violence cases; and, in protection from abuse,
providing for an electronic monitoring program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2711(c) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2711. Probable cause arrests in domestic violence cases.
* * *
(c) Bail.--
(1) A defendant arrested pursuant to this section shall
be afforded a preliminary arraignment by the proper issuing
authority without unnecessary delay. In no case shall the
arresting officer release the defendant from custody rather
than taking the defendant before the issuing authority.
(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. 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. [Such condition]
(3) As a further condition of bail, the issuing
authority may order the defendant to participate in an
electronic monitoring program as set forth in 23 Pa.C.S. §
6114.2 (relating to electronic monitoring program) and to pay
the costs associated with participation in the program.
(4) The conditions of bail under this subsection 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. A violation of [this] any
condition of bail under this subsection 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 defendant shall be
provided a hearing on this matter.
* * *
Section 2. Title 23 is amended by adding a section to read:
§ 6114.2. Electronic monitoring program.
(a) Participation in program.--
(1) Whenever the court issues a protection order or a
court-approved consent agreement under this chapter, it may
order the defendant to participate in and pay the costs of an
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electronic monitoring program authorized by this section.
(2) Whenever a defendant is found to have violated a
protection order issued under this chapter, a foreign
protection order or a court-approved consent agreement, the
court shall, in addition to the penalties otherwise provided
by law, order the defendant to participate in an electronic
monitoring program authorized by this section until further
order of the court.
(b) Consent of protected person required.--The court shall
not order electronic monitoring without the consent of the
protected person.
(c) Program requirements.--An electronic monitoring program
shall:
(1) Alert the protected person and the appropriate law
enforcement unit when the defendant is on or near any
protected person or premises.
(2) Require the defendant to wear an electronic
monitoring device at all times.
(3) Require that a device be placed in the home of the
defendant so that compliance with the court's order may be
monitored.
(d) Administration.--When a court orders a defendant to
participate in an electronic monitoring program under this
section, it shall:
(1) Place the defendant under the supervision of the
county office of probation and parole for the purposes of
monitoring the device.
(2) Order the county office of probation and parole to
place an electronic monitoring device on the defendant and
install electronic monitoring equipment in the residence of
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the defendant within 24 hours.
(3) Order the county office of probation and parole to
place an electronic monitoring device on the protected person
or install electronic monitoring equipment at any protected
premises, or both.
(4) Order the defendant to pay the costs associated with
the program to the county department of probation and parole
or program provider.
(e) Program provider.--The county department of probation
and parole may provide the electronic monitoring program
authorized by this section either directly or by contract with a
private provider.
Section 3. This act shall take effect in 60 days.
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