PRINTER'S NO. 2360
No. 1903 Session of 1979
INTRODUCED BY McKELVEY, PERZEL, ROCKS, SALVATORE, D. M. O'BRIEN,
GIAMMARCO, PUNT, BORSKI, McMONAGLE AND PUCCIARELLI,
OCTOBER 23, 1979
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 1979
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 proceedings and records related to juveniles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "delinquent act" in section
7 6302 and sections 6303(b), 6307, 6326(b), 6335(a), 6336(d),
8 6340(a) and (b), 6353(b) and 6355 of Title 42, act of November
9 25, 1970 (P.L.707, No.230), known as the Pennsylvania
10 Consolidated Statutes, are amended and subsections are added to
11 sections 6308 and 6326 to read:
12 § 6302. Definitions.
13 The following words and phrases when used in this chapter
14 shall have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 * * *
17 "Delinquent act."
18 (1) The term means an act designated a crime under the
1 law of this Commonwealth, or of another state if the act
2 occurred in that state, or under Federal law, or under local
3 ordinances.
4 (2) The term shall not include:
5 (i) the crime of murder; or
6 (ii) summary offenses[, unless the child fails to
7 pay a fine levied thereunder, in which event notice of
8 such fact shall be certified to the court].
9 * * *
10 § 6303. Scope of chapter.
11 * * *
12 (b) Minor judiciary.--No child shall be detained, committed
13 or sentenced to imprisonment by a [district justice or a judge
14 of the minor judiciary] nonlaw-trained judge. A law-trained
15 judge may order a juvenile detained in a facility for delinquent
16 children for a period not to exceed ten days.
17 § 6307. Inspection of court files and records.
18 (a) General rule.--All files and records of the court in a
19 proceeding under this chapter are open to inspection only by:
20 (1) The judges, officers and professional staff of the
21 court.
22 (2) The parties to the proceeding and their counsel and
23 representatives, but the persons in this category shall not
24 be permitted to see reports revealing the names of
25 confidential sources of information contained in social
26 reports, except at the discretion of the court.
27 (3) A public or private agency or institution providing
28 supervision or having custody of the child under order of the
29 court.
30 (4) A court and its probation and other officials or
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1 professional staff and the attorney for the defendant for use
2 in preparing a presentence report in a criminal case in which
3 the defendant is convicted and who prior thereto had been a
4 party to a proceeding under this chapter.
5 (5) The Administrative Office of Pennsylvania Courts.
6 (6) With leave of court, any other person or agency or
7 institution having a legitimate interest in the proceedings
8 or in the work of the unified judicial system.
9 (b) Exception.--Notwithstanding the provisions of subsection
10 (a), where a child is detained for, arrested for, and/or charged
11 with acts constituting murder, voluntary or involuntary
12 manslaughter, robbery, rape, involuntary deviate sexual
13 intercourse, aggravated assault as defined in 18 Pa.C.S. section
14 2702(a)(1) (relating to aggravated assault), arson, or
15 kidnapping, the law enforcement officer arresting or detaining
16 the child, or the attorney for the Commonwealth, shall, upon
17 request, be provided with a certified copy of the child's prior
18 juvenile record, if any, within 48 hours of the request for
19 purposes of determining whether the provisions of section
20 6355(c) (relating to transfer to criminal proceedings) are
21 applicable.
22 § 6308. Law enforcement records.
23 * * *
24 (c) Fingerprinting and photographs.--Any child charged with
25 conduct which, but for the application of this chapter, would
26 constitute a felony or a violation of Subchapter A of Chapter 61
27 of Title 18 (relating to the Uniform Firearms Act), shall be
28 fingerprinted and photographed.
29 § 6326. Release or delivery to court.
30 * * *
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1 (b) Custody during investigation.--Notwithstanding the
2 provisions of subsection (a), a person taking a child into
3 custody shall be afforded a reasonable opportunity to
4 investigate the criminal incident the extent of the child's
5 involvement and the child's prior criminal history during which
6 time he may retain custody of the child.
7 [(b)](c) Enforcement of undertaking to produce child.--If a
8 parent, guardian, or other custodian, when requested, fails to
9 bring the child before the court as provided in subsection (a),
10 the court may issue its warrant directing that the child be
11 taken into custody and brought before the court.
12 § 6335. Release or holding of hearing.
13 (a) General rule.--After the petition has been filed the
14 court shall fix a time for hearing thereon, which, if the child
15 is in detention or shelter care shall not be later than ten days
16 after the filing of the petition. If the hearing is not held
17 within such time, without good cause shown for the delay, the
18 child shall be immediately released from detention or shelter
19 care. A child may be detained or kept in shelter care for [an]
20 additional [single period not to exceed ten days] periods where:
21 (1) the court determines at a hearing that:
22 (i) evidence material to the case is unavailable;
23 (ii) due diligence to obtain such evidence has been
24 exercised; and
25 (iii) there are reasonable grounds to believe that
26 such evidence will be available at a later date; and
27 (2) the court finds by clear and convincing evidence
28 that:
29 (i) the life of the child would be in danger;
30 (ii) the community would be exposed to a specific
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1 danger; or
2 (iii) the child will abscond or be removed from the
3 jurisdiction of the court; or
4 (3) pretrial motions are pending; or
5 (4) the court finds any other valid reason for a
6 continuance.
7 The court shall direct the issuance of a summons to the parents,
8 guardian, or other custodian, a guardian ad litem, and any other
9 persons as appear to the court to be proper or necessary parties
10 to the proceeding, requiring them to appear before the court at
11 the time fixed to answer the allegations of the petition. The
12 summons shall also be directed to the child if he is 14 or more
13 years of age or is alleged to be a delinquent. A copy of the
14 petition shall accompany the summons.
15 * * *
16 § 6336. Conduct of hearings.
17 * * *
18 (d) [Proceeding in camera] Proceedings.--[Except in hearings
19 to declare a person in contempt of court, the] The general
20 public shall not be excluded from hearings under this chapter.
21 [Only the parties, their counsel, witnesses, and other persons
22 accompanying a party for his assistance, and any other person as
23 the court finds have a proper interest in the proceeding or in
24 the work of the court may be admitted by the court. The court
25 may temporarily exclude the child from the hearing except while
26 allegations of his delinquency are being heard.]
27 § 6340. Consent decree.
28 (a) General rule.--At any time after the filing of a
29 petition and before the entry of an adjudication order, the
30 court may, on motion of the [district] attorney for the
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1 Commonwealth or of counsel for the child, suspend the
2 proceedings, and continue the child under supervision in his own
3 home, under terms and conditions negotiated with the probation
4 services and agreed to by all parties affected. The order of the
5 court continuing the child under supervision shall be known as a
6 consent decree.
7 (b) Objection.--Where the child objects to a consent decree,
8 the court shall proceed to findings, adjudication and
9 disposition. Where the child does not object, but an objection
10 is made by the [district] attorney [after consultation with the
11 probation services] for the Commonwealth where the delinquent
12 act would be considered a misdemeanor if committed by and adult,
13 the court shall, after considering the objections and reasons
14 therefor, proceed to determine whether it is appropriate to
15 enter a consent decree. In cases where the delinquent act would
16 be considered a felony if committed by an adult, the court shall
17 enter a consent decree without the approval of the attorney for
18 the Commonwealth.
19 * * *
20 § 6353. Limitation on and change in place of commitment.
21 * * *
22 (b) Transfer to other institution.--After placement of the
23 child, and if his progress with the institution warrants it, the
24 institution may seek to transfer the child to a less secure
25 facility, including a group home or foster boarding home. The
26 institution shall give the committing court and the attorney for
27 the Commonwealth written notice of the transfer. If the court
28 [does] and the attorney for the Commonwealth do not object to
29 such transfer within ten days after receipt of the notice, the
30 transfer may be effectuated. If the court or the attorney for
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1 the Commonwealth objects to the transfer, [it shall hold] a
2 hearing shall be held within 20 days after [objecting] the
3 objection to the transfer for the purpose of reviewing [its] the
4 commitment order. At the hearing, evidence may be presented by
5 the attorney for the Commonwealth and the child on the issue of
6 the propriety of the transfer. If the institution seeks to
7 transfer to a more secure facility the child shall have a full
8 hearing before the committing court. At the hearing, the court
9 may reaffirm or modify its commitment order.
10 * * *
11 § 6355. Transfer to criminal proceedings.
12 (a) General rule.--After a petition has been filed alleging
13 delinquency based on conduct which is designated a crime or
14 public offense under the laws, including local ordinances, of
15 this Commonwealth, the court before hearing the petition on its
16 merits may rule that this chapter is not applicable and that the
17 offense should be prosecuted, and transfer the offense, where
18 appropriate, to the division or a judge of the court assigned to
19 conduct criminal proceedings, for prosecution of the offense if
20 all of the following exist:
21 (1) The child was 14 or more years of age at the time of
22 the alleged conduct.
23 (2) A hearing on whether the transfer should be made is
24 held in conformity with this chapter.
25 (3) Notice in writing of the time, place, and purpose of
26 the hearing is given to the child and his parents, guardian,
27 or other custodian at least three days before the hearing.
28 (4) The court finds:
29 (i) that there is a prima facie case that the child
30 committed the delinquent act alleged; and
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1 (ii) that the delinquent act would be considered a
2 felony if committed by an adult[; and
3 (iii) that there are reasonable grounds to believe
4 all of the following:
5 (A) That the child is not amenable to treatment,
6 supervision or rehabilitation as a juvenile through
7 available facilities. In determining this the court
8 may consider age, mental capacity, maturity, previous
9 records and probation or institutional reports.
10 (B) That the child is not committable to an
11 institution for the mentally retarded or mentally
12 ill.
13 (C) That the interests of the community require
14 that the child be placed under legal restraint or
15 discipline or that the offense is one which would
16 carry a sentence of more than three years if
17 committed as an adult].
18 (b) Exception.--Notwithstanding the provision of subsection
19 (a), the court shall not transfer the offense if it finds that:
20 (1) The child establishes that he is amenable to
21 treatment, supervision, or rehabilitation as a juvenile
22 through available facilities. In determining this, the court
23 may consider the following criteria:
24 (i) The degree of criminal sophistication exhibited
25 by the child.
26 (ii) Whether the child can be rehabilitated prior to
27 the expiration of the juvenile court's jurisdiction.
28 (iii) The prior delinquent history of the child.
29 (iv) Success of previous attempts by the juvenile
30 court to rehabilitate the child.
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1 (v) Seriousness of the acts for which transfer is
2 sought.
3 (vi) Probation or institution reports; or
4 (2) The child can establish that he is committable to an
5 institution under provisions of the act of July 9, 1976
6 (P.L.817, No.142) known as the "Mental Health Procedures
7 Act," relating to involuntary treatment or under provisions
8 of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6),
9 known as the "Mental Health and Mental Retardation Act of
10 1966," relating to mental retardation.
11 (c) Prior adjudication.--Notwithstanding the provisions of
12 subsections (a) and (b), the court shall order transfer upon
13 motion of the attorney for the Commonwealth after notice and
14 hearing pursuant to the provisions of subsections (a)(2) and (3)
15 where the petition alleges delinquency based on conduct which,
16 but for the application of this act, would constitute any one of
17 the following crimes;
18 (1) Voluntary or involuntary manslaughter.
19 (2) Robbery.
20 (3) Rape.
21 (4) Involuntary deviate sexual intercourse.
22 (5) Aggravated assault 18 Pa.C.S. section 2702(a)(1)
23 (relating to aggravated assault).
24 (6) Arson.
25 (7) Kidnapping;
26 and the child has been previously adjudicated delinquent for
27 conduct which, but for the application of the act, would have
28 constituted any one of these crimes under the laws of
29 Pennsylvania or its equivalent under the law of any other state
30 or under the law of the District of Columbia or under Federal
19790H1903B2360 - 9 -
1 law.
2 (d) First offense.--In no event shall the court transfer the
3 offense where the child is a first offender unless the offense,
4 if committed by an adult, would constitute a felony of the first
5 degree or the second degree.
6 [(b)] (e) Chapter inapplicable following transfer.--The
7 transfer terminates the applicability of this chapter over the
8 child with respect to the delinquent acts alleged in the
9 petition and any subsequent delinquent act which, if committed
10 by an adult, would constitute a felony.
11 [(c)] (f) Transfer at request of child.--The child may
12 request that the case be transferred for prosecution in which
13 event the court may order this chapter not applicable.
14 [(d)] (g) Effect of transfer from criminal proceedings.--No
15 hearing shall be conducted where this chapter becomes applicable
16 because of a previous determination by the court in a criminal
17 proceeding.
18 [(e)] (h) Murder.--Where the petition alleges conduct which
19 if proven would constitute murder, the court shall require the
20 offense of murder and any other offenses arising from the same
21 transaction to be prosecuted under the criminal law and
22 procedures, except where the case has been transferred pursuant
23 to section 6322 (relating to transfer from criminal proceedings)
24 from the division or a judge of the court assigned to conduct
25 criminal proceedings.
26 [(f)] (i) Transfer action interlocutory.--The decision of
27 the court to transfer or not to transfer the case shall be
28 interlocutory. However, the decision of the court not to
29 transfer the case under subsection (c) shall be deemed a final
30 order from which the Commonwealth may appeal.
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1 Section 2. This act shall take effect in 60 days.
G31L18RZ/19790H1903B2360 - 11 -