Senate Bill 490 Printer's Number 444
PENNSYLVANIA, March 20 - the issuing authority from denying bail and detaining a person
prior to trial if the issuing authority finds, substantially
more likely than not, that no condition or combination of
conditions of bail will reasonably ensure the safety of a person
or the community if the person is released on bail.
(d) Construction.--Nothing in this section shall be
construed to:
(1) Modify the presumption of innocence.
(2) Eliminate or limit the ability of an individual to
seek a bail modification hearing before the issuing authority
or a court of competent jurisdiction in accordance with any
other provision of law or rule of procedure.
(3) Limit an issuing authority from setting bail at a
secured amount or otherwise detaining a person subject to
arrest.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Person posing a threat to public safety." A person subject
to arrest who poses a threat to a victim, an individual or the
public at large. The term includes, but is not limited to, a
person to whom any of the following applies:
(1) The person is charged with committing a violation of
18 Pa.C.S. § 2702.1 (relating to assault of law enforcement
officer) or 5104.2 (relating to evading arrest or detention
on foot).
(2) The person is charged with committing a crime of
violence as defined in section 9714(g) (relating to sentences
for second and subsequent offenses), and, within five years
prior to the arrest, excluding time spent confined to a State
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