The bill amends Title 42 of the Pennsylvania Consolidated Statutes by introducing a new section, 5762, which addresses the bail process for individuals deemed to pose a threat to public safety. Under this new provision, issuing authorities are prohibited from releasing defendants on their own recognizance or under unsecured monetary conditions if they are identified as a threat to public safety. Additionally, arresting officers are required to bring such individuals before an issuing authority without unnecessary delay, and the issuing authority has the discretion to deny bail if it is determined that no conditions can ensure the safety of individuals or the community.
The bill also clarifies that the presumption of innocence remains intact and does not restrict an individual's right to seek a bail modification hearing. It defines a "person posing a threat to public safety" as someone charged with specific violent crimes or drug offenses, particularly those involving fentanyl or similar substances. The act is set to take effect 60 days after its passage.