Bill Text: PA HB306 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for supervision by probation and parole officers.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-04-22 - Re-committed to APPROPRIATIONS [HB306 Detail]

Download: Pennsylvania-2009-HB306-Amended.html

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PRIOR PRINTER'S NO. 330 PRINTER'S NO. 1544
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 306 Session of2009
INTRODUCED BY W. KELLER, BAKER, BARRAR, BEYER, BRENNAN, D. COSTA, P. COSTA, CRUZ, GEIST, GIBBONS, GRUCELA, HARPER, HARRIS, HESS, KILLION, McGEEHAN, MENSCH, MILLER, M. O'BRIEN, O'NEILL, PYLE, READSHAW, REICHLEY, SABATINA, SCAVELLO, SIPTROTH, K. SMITH, SWANGER, VULAKOVICH AND FARRY, FEBRUARY 9, 2009
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 21, 2009
AN ACT
Amending the act of August 6, 1941 (P.L.861, No.323), entitled,
as amended, "An act to create a uniform and exclusive system
for the administration of parole in this Commonwealth;
providing state probation services; establishing the
'Pennsylvania Board of Probation and Parole'; conferring and
defining its jurisdiction, duties, powers and functions;
including the supervision of persons placed upon probation
and parole in certain designated cases; providing for the
method of appointment of its members; regulating the
appointment, removal and discharge of its officers, clerks
and employes; dividing the Commonwealth into administrative
districts for purposes of probation and parole; fixing the
salaries of members of the board and of certain other
officers and employes thereof; making violations of certain
provisions of this act misdemeanors; providing penalties
therefor; and for other cognate purposes, and making an
appropriation," further providing for supervision by county <--
probation and parole officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 27.2(d) of the act of August 6, 1941 <--
(P.L.861, No.323), referred to as the Pennsylvania Board of
Probation and Parole Law, is amended by adding paragraphs to
read:
Section 27.2. * * *
(d) * * *
(7) It is not the intent of the General Assembly to
authorize officers or law enforcement officers to conduct
personal or property searches for the sole purpose of
harassment.
(8) An inmate who is eligible for release on parole from an
offense under 18 Pa.C.S. Pt. II Art. B (relating to offenses
involving danger to the person) or Ch. 61 (relating to firearms
and other dangerous articles) must agree in writing to be
subject to search or seizure by an officer or law enforcement
officer at any time, with or without a search warrant and with
or without cause.
(9) An officer or law enforcement officer may conduct a
personal or property search of an inmate released on parole from
an offense under 18 Pa.C.S. Pt. II Art. B or Ch. 61 without a
warrant and without cause.
* * *
Section 2. This act shall take effect in 60 days.
Section 1. Section 21 of the act of August 6, 1941 (P.L.861, <--
No.323), referred to as the Pennsylvania Board of Probation and
Parole Law, is amended by adding a subsection to read:
Section 21. * * *
(f) A person convicted of an offense constituting a felony
under 18 Pa.C.S. Pt. II Art. B (relating to offenses involving
danger to the person) or Ch. 61 (relating to firearms and other
dangerous articles) shall not be placed on probation or released
on parole unless the person agrees in writing to be subject to
search or seizure by a State parole agent, county probation and
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parole officer or police officer at any time, with or without a
search warrant and with or without cause. The agreement to be
subject to search shall include a search of the person and a
search of real or other property in the possession or under the
control of the person.
Section 2. The act is amended by adding a section to read:
Section 27.3. (a) Notwithstanding the provisions of
sections 27.1 and 27.2, a State parole agent, county probation
and parole officer or police officer may conduct a search of a
person, and a search of real or other property in the possession
or under the control of a person, who has been released on
probation or parole for an offense constituting a felony under
18 Pa.C.S. Pt. II Art. B (relating to offenses involving danger
to the person) or Ch. 61 (relating to firearms and other
dangerous articles) at any time, with or without a search
warrant and with or without cause.
(b) The provisions of this section shall apply only if the
State parole agent, county probation and parole officer or
police officer were aware at the time of the search or seizure
that the person had been released on probation or parole for an
offense constituting a felony under 18 Pa.C.S. Pt. II Art. B or
Ch. 61 and was subject to the provisions of this section.
(c) A person subject to the provisions of this section shall
remain subject to all other provisions of this act.
(d) It is not the intent of the General Assembly to
authorize State parole agents, county probation and parole
officers or police officers to conduct personal or property
searches for the sole purpose of harassment.
Section 3. The provisions of section 21(f) and 27.3 of the
act shall apply to any person placed on probation or parole
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after the effective date of this section.
Section 4. This act shall take effect in 60 days.
20090HB0306PN1544 - 4 -