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SB 1290

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in bonds and recognizances, providing for the restriction on use of cash bail for pregnant defendants.

2025-2026 Regular Session Introduced by Amanda Cappelletti and 5 co-sponsors

SB 1290 would restrict cash bail for pregnant defendants, requiring non-monetary release options and guidance for judges to avoid cash deposits.

Referred to Judiciary
0
WeVote Research Nonpartisan
Bill Summary · SB 1290

Summary of SB 1290 (Session 2025-2026) – Pennsylvania

Title

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in bonds and recognizances, providing for the restriction on use of cash bail for pregnant defendants.

Purpose and Intent

  • The bill seeks to restrict the use of cash bail for pregnant defendants. In effect, it aims to limit or prohibit cash deposits as a condition of release for individuals who are pregnant, shifting the focus of pretrial release decisions toward non-m monetary conditions or other release options.
  • The measure adds a targeted safeguard intended to reduce potential pretrial detention or financial hardship for pregnant individuals while ensuring appearance at court.

Key Provisions (as described in the bill)

  • Revisions to Title 42, specifically within the chapter/section addressing “bonds and recognizances.”
  • Prohibition or restriction on requiring cash bail for pregnant defendants as a condition of release pending trial.
  • The language would define the scope (which defendants are covered, e.g., those who are pregnant at the time of release decision or arraignment) and outline permissible alternatives to cash bail (such as non-monetary conditions, supervised release, risk assessments, or other approved release mechanisms).
  • Any procedural steps or standards for judges in determining release that avoid cash bail when pregnancy is present (e.g., criteria, exceptions, or mandatory considerations).

Note: The summary focuses on the stated intent to restrict cash bail for pregnant defendants. The exact textual details (e.g., definitions, exceptions, or specific release criteria) would be found in the bill’s full text.

Who Would be Affected

  • Pregnant defendants who are subject to pretrial release decisions under Pennsylvania law.
  • Courts and judges handling bail determinations, who would need to apply the restriction and consider non-cash release options.
  • Probation, pretrial services, and related court support agencies involved in monitoring and supervising these defendants under non-monetary release conditions.

Procedural and Timeline Aspects

  • Status: Referred to the Judiciary Committee on April 17, 2026.
  • Next steps would typically include committee hearings, potential amendments, and votes in the Judiciary Committee, followed by legislative chamber consideration (House and Senate) and, if passed, eventual signing by the Governor or veto considerations.
  • The bill interacts with existing provisions in Title 42 related to bonds and recognizances; any amendments could affect the application of pretrial release standards and experiences with bail reform practices.

Potential Impacts and Considerations

  • Public safety and court appearance: The bill intends to balance ensuring court appearances with minimizing unnecessary financial burdens on pregnant individuals.
  • Financial burden: Reducing or eliminating cash bail for pregnant defendants could lessen immediate financial hardship and reduce the risk of pretrial detention due to inability to pay.
  • Implementation: Courts will need clear guidelines to ensure consistent application, including what non-monetary release options are permissible and how to assess flight risk and public safety without cash bail.
  • Equity and health considerations: The provision aligns with concerns about the welfare of pregnant individuals and potential impacts on maternal and fetal health during pretrial detention.

Notes for Readers

  • The bill’s full text will provide precise definitions, exceptions, and implementation details, including any related fiscal or administrative implications.
  • As of the current action history, the bill is at the committee referral stage; outcomes will depend on subsequent committee action and legislative debate.

Compiled from official sources — confirm details with the bill’s official record.

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