(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 section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 57 - Bonds and Recognizances
Section 5702 - Bail to be governed by general rules
Section 5742 - Licensure required
Section 5743 - Issuance of license (Repealed)
Section 5743.1 - Authorization to conduct business within each county
Section 5745 - Suspension or nonrenewal of license for unpaid bail forfeitures
Section 5746 - Suspension or revocation of authority to conduct business in a county
Section 5747 - Statements by fidelity or surety companies (Repealed)
Section 5747.1 - Forfeited undertaking
Section 5748 - Maximum premiums (Repealed)
Section 5748.1 - Private cause of action
Section 5749 - Prohibitions and penalties