H0159B0123A07303 RAR:NLG 06/01/18 #90 A07303
AMENDMENTS TO HOUSE BILL NO. 159
Sponsor: SENATOR GREENLEAF
Printer's No. 123
Amend Bill, page 1, line 3, by striking out "and" and
inserting a comma
Amend Bill, page 1, line 3, by inserting after "offenses"
and for adjudication
Amend Bill, page 4, line 5, by striking out "Section
6304.1(a)" and inserting
Sections 6304.1(a) and 6341(b)
Amend Bill, page 4, line 5, by striking out "is" and
inserting
are
Amend Bill, page 4, by inserting between lines 26 and 27
ยง 6341. Adjudication.
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(b) Finding of delinquency.--If the court finds on proof
beyond a reasonable doubt that the child committed the acts by
reason of which he is alleged to be delinquent it shall enter
such finding on the record and shall specify the particular
offenses, including the grading and counts thereof which the
child is found to have committed. The court shall then proceed
immediately or at a postponed hearing, which shall occur not
later than 20 days after such finding if the child is in
detention or not more than 60 days after such finding if the
child is not in detention, to hear evidence as to whether the
child is in need of treatment, supervision or rehabilitation, as
established by a preponderance of the evidence, and to make and
file its findings thereon. This time limitation may only be
extended pursuant to the agreement of the child and the attorney
for the Commonwealth. The court's failure to comply with the
time limitations stated in this section shall not be grounds for
discharging the child or dismissing the proceeding. In the
absence of evidence to the contrary, evidence of the commission
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of acts which constitute a felony shall be sufficient to sustain
a finding that the child is in need of treatment, supervision or
rehabilitation. If the court finds that the child is not in need
of treatment, supervision or rehabilitation it shall dismiss the
proceeding and discharge the child from any detention or other
restriction theretofore ordered.
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