PRINTER'S NO. 3926
No. 2925 Session of 1980
INTRODUCED BY GALLAGHER, RODGERS, WILSON, BURNS AND
M. H. GEORGE, SEPTEMBER 22, 1980
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 22, 1980
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 public availability of law enforcement records concerning
4 children and further providing for the conduct of delinquency
5 hearings.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 6308(b) and 6336(d) of Title 42, act of
9 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
10 Consolidated Statutes, are amended to read:
11 § 6308. Law enforcement records.
12 * * *
13 (b) Public availability.--
14 (1) The contents of law enforcement records and files
15 concerning a child shall not be disclosed to the public
16 except if the child is 14 or more years of age at the time of
17 the alleged conduct and if:
18 (i) the child has been adjudicated delinquent by a
19 court as a result of an act or acts which include the
1 elements of rape, kidnapping, murder, robbery, arson,
2 burglary or other act involving the use of or threat of
3 serious bodily harm or an act or acts which include the
4 elements of delivery of a controlled substance under the
5 act of April 14, 1972 (P.L.233, No.64), known as "The
6 Controlled Substance, Drug, Device and Cosmetic Act," or
7 criminal mischief; or
8 (ii) a petition alleging delinquency has been filed
9 by a law enforcement agency alleging that the child has
10 committed an act or acts which include the elements of
11 rape, kidnapping, murder, robbery, arson, burglary or
12 other act involving the use of or threat of serious
13 bodily harm or an act or acts which include the elements
14 of delivery of a controlled substance under "The
15 Controlled Substance, Drug, Device and Cosmetic Act," or
16 criminal mischief and the child previously has been
17 adjudicated delinquent by a court as a result of an act
18 or acts which included the elements of one of such
19 crimes.
20 (2) If the conduct of the child meets the requirements
21 for disclosure as set forth in paragraph (1), then the court
22 or law enforcement agency, as the case may be, shall disclose
23 the name of the child and the nature of the conduct in
24 question.
25 * * *
26 § 6336. Conduct of hearings.
27 * * *
28 (d) [Proceeding in camera.--Except in hearings to declare a
29 person in contempt of court, the general public shall be
30 excluded from hearings under this chapter. Only the] Admission
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1 to proceedings.--The parties, their counsel, witnesses, and
2 other persons accompanying a party [for his assistance,] and any
3 other person as the court finds have a proper interest in the
4 proceeding or in the work of the court [may] shall be admitted
5 by the court. The court may temporarily exclude the child from
6 the hearing except while allegations of his delinquency are
7 being heard.
8 Section 2. This act shall take effect in 60 days.
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