PRINTER'S NO. 2083
No. 1492 Session of 2000
INTRODUCED BY WILLIAMS, JUNE 27, 2000
REFERRED TO JUDICIARY, JUNE 27, 2000
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for inquiry as 3 to the source of security for bail in drug offenses. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 5749 of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended by adding a subsection to read: 8 § 5749. Prohibitions and penalties. 9 * * * 10 (g) Prohibited issuance of bond in drug offenses.--No person 11 licensed to operate as a bondsman shall accept as consideration 12 for the issuance of any bond or other surety, currency or other 13 property which such bondsman has reason to believe is or was, 14 directly or indirectly, derived from violations of the act of 15 April 14, 1972 (P.L.233, No.64), known as The Controlled 16 Substance, Drug, Device and Cosmetic Act. Any person who 17 violates this provision shall be subject to forfeiture of the 18 license issued under this chapter for a period of five years.
1 Section 2. Chapter 57 of Title 42 is amended by adding a 2 subchapter to read: 3 SUBCHAPTER C 4 SPECIAL PROVISIONS 5 Sec. 6 5761. Bail in drug offenses. 7 § 5761. Bail in drug offenses. 8 (a) Inquiry as to source.--When fixing and accepting bail 9 for a person charged with a violation of the act of April 14, 10 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, 11 Device and Cosmetic Act, the district justice or judge shall 12 determine the source of the currency, bonds, realty or other 13 property used for the payment of the bail or the procurement of 14 a surety bond, as the case may be, being posted by or on behalf 15 of the defendant. The district justice or judge may request such 16 information as needed to identify the direct or indirect 17 sources, derivation or ownership of the currency or other 18 property used for the payment of bail or procurement of a bond. 19 (b) Drug proceeds unacceptable.--If the district justice or 20 judge determines that the bail or surety bond is being financed 21 from funds derived from violations of The Controlled Substance, 22 Drug, Device and Cosmetic Act, the security shall not be 23 accepted, and other security shall be required for the defendant 24 to be admitted to bail. 25 Section 3. This act shall take effect in 60 days. F21L42SFL/20000S1492B2083 - 2 -