5761 - Bail in drug offenses. - Pennsylvania Statutes

SUBCHAPTER C SPECIAL PROVISIONS Sec. 5761. Bail in drug offenses. Enactment. Subchapter C was added December 20, 2000, P.L.939, No.126, effective in 60 days. § 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 unacceptable.--If 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. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.