Pennsylvania Bill Requires Police Warning Before Warrantless Arrests for Certain Summary Offenses

Original title: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in commencement of proceedings, further providing for arrest without warrant.

Last action · February 3, 2025: Referred to JUDICIARY, Feb. 3, 2025Sponsors: José Giral and 9 others

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What This Bill Would Do

Police officers in Pennsylvania must issue a warning or citation ordering an individual to cease unlawful conduct before making a warrantless arrest for specific s or city ordinances. This requirement applies only when there is ongoing conduct imperiling personal security or endangering property, and after the employing governmental body promulgates official guidelines.

Why it matters

Changes police arrest procedures by establishing a mandatory warning step before officers can make warrantless arrests for minor s, affecting both police departments and individuals involved in low-level offenses.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

police officer

Police officers must issue a warning or citation and ensure agency guidelines are in place before executing warrantless arrests for specified summary offenses.

Directly affected

governmental body employing the police officer

Employing governmental bodies must promulgate guidelines for officers to follow when making warrantless arrests under this section.

Directly affected

individuals committing summary offenses

Individuals engaged in specified summary offenses must receive a warning or citation and an order to cease before a warrantless arrest can occur.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What must a police officer do before making a warrantless arrest for a summary offense under this bill?

The officer must issue a warning or citation that states the individual's conduct is unlawful and order the individual to cease the unlawful conduct.

Are police departments required to take any action before officers can make warrantless arrests under these rules?

Yes, the employing governmental body must promulgate guidelines to be followed by police officers when making a warrantless arrest under this section.

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Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

1 action

Feb 3, 2025HouseCommittee
Referred to JUDICIARY, Feb. 3, 2025

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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