Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 5761 - Bail in drug offenses(a) Inquiry as to source When fixing and accepting bail for a person charged with a violation of the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, the magisterial district judge or judge shall determine the source of the currency, bonds, realty or other property used for the payment of the bail or the procurement of a surety bond, as the case may be, being posted by or on behalf of the defendant. The magisterial district judge or judge may request such information as needed to identify the direct or indirect sources, derivation or ownership of the currency or other property used for the payment of bail or procurement of a bond.(b) Drug proceeds unacceptableIf the magisterial district judge or judge determines that the bail or surety bond is being financed from funds derived from violations of The Controlled Substance, Drug, Device and Cosmetic Act, the security shall not be accepted, and other security shall be required for the defendant to be admitted to bail.2000, Dec. 20, P.L. 939, No. 126, § 1, effective in 60 days. Amended 2004, Nov. 30, P.L. 1618, No. 207, § 18, effective 1/31/2005.