Pennsylvania Act 1995-25 (session 1) — JUDICIAL CODE (42 PA.C.S.) - AMEND ARREST WITHOUT WARRANT

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND ARREST WITHOUT WARRANT
        Act of Nov. 17, 1995, Special Session 1, P.L. 1090, No. 25    Cl. 42
                      Special Session No. 1 of 1995
                               No. 1995-25

     HB 22

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for arrest
        without warrant.

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

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8902.  Arrest without warrant.
        (a)  General rule.--For any of the following offenses, a
     police officer shall, upon view, have the right of arrest
     without warrant upon probable cause when there is ongoing
     conduct that imperils the personal security of any person or
     endangers public or private property:
            (1)  Under Title 18 (relating to crimes and offenses)
        when such offense constitutes a summary offense:
            18 Pa.C.S. § 5503 (relating to disorderly conduct).
            18 Pa.C.S. § 5505 (relating to public drunkenness).
            18 Pa.C.S. § 5507 (relating to obstructing highways and
        other public passages).
            18 Pa.C.S. § 6308 (relating to purchase, consumption,
        possession or transportation of liquor or malt or brewed
        beverages).
            (2)  Violation of an ordinance of a city of the second
        class.
        (b)  Guidelines by governmental body.--The right of arrest
     without warrant under this section shall be permitted only after
     the governmental body employing the police officer promulgates
     guidelines to be followed by a police officer when making a
     warrantless arrest under this section.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 17th day of November, A. D. 1995.

     THOMAS J. RIDGE