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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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