PRINTER'S NO. 781
No. 720 Session of 1979
INTRODUCED BY FREIND, ALDEN, WENGER, REED, LEHR, ZORD, ZELLER,
D. M. O'BRIEN, J. L. WRIGHT, JR., NOYE, TRELLO, HOEFFEL,
PITTS, GIAMMARCO, CUNNINGHAM, PERZEL, MRKONIC, HALVERSON,
E. Z. TAYLOR, VROON, GRABOWSKI, E. R. LYNCH, SIRIANNI,
WAGNER, FISHER, POLITE, PRATT, McKELVEY, LETTERMAN, DURHAM
AND MURPHY, MARCH 19, 1979
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 1979
AN ACT
1 Amending the act of July 27, 1967 (P.L.186, No.58), entitled "An
2 act imposing liability upon parents for personal injury, or
3 theft, destruction, or loss of property caused by the wilful,
4 tortious acts of children under eighteen years of
5 age, setting forth limitations, and providing procedure for
6 recovery," authorizing the imposition of criminal fines and
7 penalties on parents of convicted children.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Subsection (a) of section 3, act of July 27, 1967
11 (P.L.186, No.58), entitled "An act imposing liability upon
12 parents for personal injury, or theft, destruction, or loss of
13 property caused by the wilful, tortious acts of children under
14 eighteen years of age, setting forth limitations, and providing
15 procedure for recovery," is amended to read:
16 Section 3. (a) (1) In any proceeding of a criminal nature
17 against a child under the age of eighteen years and in any
18 proceeding against a child in a juvenile court, the court shall
1 ascertain the amount sufficient to fully reimburse any person
2 who has suffered injury to the person, or theft, destruction or
3 loss of property because of the wilful, tortious act of the
4 child, and direct the parents to make payment in the amount not
5 to exceed the limitations set forth in section 4 hereof. If the
6 parents fail to comply with the direction of the court, the
7 amount may be recovered in an action of assumpsit against the
8 parents or either of them.
9 (2) In any proceeding of a criminal nature, including
10 summary proceedings, against a child under the age of eighteen
11 years, including but not limited to proceedings brought pursuant
12 to 42 Pa.C.S. § 6301 et seq. known as the "Juvenile Act," the
13 court may order the payment of fines and penalties by the
14 child's parents for acts attributable to the child if the court
15 is otherwise authorized to impose fines and penalties against
16 the child individually. The limitations prescribed in section 4
17 shall not apply to fines and penalties imposed under this
18 paragraph.
19 * * *
20 Section 2. This act shall take effect in 60 days.
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