Pennsylvania Act 2000-126 — JUDICIAL CODE (42 PA.C.S.) - AMEND BAIL IN DRUG OFFENSES

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND BAIL IN DRUG OFFENSES
                 Act of Dec. 20, 2000, P.L. 939, No. 126              Cl. 42
                             Session of 2000
                               No. 2000-126

     HB 1588

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for inquiry as
        to the source of security for bail in drug offenses.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Chapter 57 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended by adding a subchapter to read:
                               SUBCHAPTER C
                            SPECIAL PROVISIONS
     Sec.
     5761.  Bail in drug offenses.
      § 5761.  Bail in drug offenses.
        (a)  Inquiry as to source.--When fixing and accepting bail
     for a person charged with a violation of the act of April 14,
     1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
     Device and Cosmetic Act, the district justice or judge shall
     determine the source of the currency, bonds, realty or other
     property used for the payment of the bail or the procurement of
     a surety bond, as the case may be, being posted by or on behalf
     of the defendant. The district justice or judge may request such
     information as needed to identify the direct or indirect
     sources, derivation or ownership of the currency or other
     property used for the payment of bail or procurement of a bond.
        (b)  Drug proceeds unacceptable.--If the district justice or
     judge determines that the bail or surety bond is being financed
     from funds derived from violations of The Controlled Substance,
     Drug, Device and Cosmetic Act, the security shall not be
     accepted, and other security shall be required for the defendant
     to be admitted to bail.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE