PRINTER'S NO. 2248
No. 1861 Session of 1981
INTRODUCED BY MAIALE, O'DONNELL, BELOFF, McMONAGLE, BORSKI,
PUCCIARELLI, SWAIM, DONATUCCI, McINTYRE, OLIVER AND WESTON,
OCTOBER 5, 1981
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 5, 1981
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 18
2 (Crimes and Offenses) of the Pennsylvania Consolidated
3 Statutes, changing the definition of "delinquent act,"
4 further providing for transfer to and from criminal
5 proceedings and for the conduct of hearings and adding an
6 offense.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "delinquent act" in section
10 6302 and sections 6322(a), 6336(d) and 6355(e) of Title 42, act
11 of November 25, 1970 (P.L.707, No.230), known as the
12 Pennsylvania Consolidated Statutes, are amended to read:
13 § 6302. Definitions.
14 The following words and phrases when used in this chapter
15 shall have, unless the context clearly indicates otherwise, the
16 meanings given to them in this section:
17 * * *
18 "Delinquent act."
19 (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] The crime of murder[; or].
6 (ii) The crimes of rape, kidnapping, robbery, arson,
7 involuntary deviate sexual intercourse, distribution of
8 narcotics, possession of narcotics with the intent to
9 distribute, felonious aggravated assault, manslaughter,
10 attempted murder or escape from a juvenile secure unit or
11 detention center, where the accused is 15 years of age or
12 older and has previously been adjudicated delinquent of
13 any of these offenses subsequent to his 14th birthday.
14 (iii) Any crime committed by a person under 18 years
15 of age who has been convicted of a crime, other than a
16 summary offense, in the adult courts or who is awaiting
17 trial in the adult courts on a crime other than a summary
18 offense.
19 [(ii) summary] (iv) Summary offenses, unless the
20 child fails to [pay a fine levied] comply with the lawful
21 sentence imposed thereunder, in which event notice of
22 such fact shall be certified to the court.
23 * * *
24 § 6322. Transfer from criminal proceedings.
25 (a) General rule.--Except as provided in 75 Pa.C.S. § 6303
26 (relating to rights and liabilities of minors), if it appears to
27 the court in a criminal proceeding other than murder, that the
28 defendant is a child, this chapter shall immediately become
29 applicable, and the court shall forthwith halt further criminal
30 proceedings, and, where appropriate, transfer the case to the
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1 division or a judge of the court assigned to conduct juvenile
2 hearings, together with a copy of the accusatory pleading and
3 other papers, documents, and transcripts of testimony relating
4 to the case. If it appears to the court in a criminal proceeding
5 charging murder, that the defendant is a child, the case may
6 similarly be transferred and the provisions of this chapter
7 applied. In determining whether the defendant should be treated
8 as a child, the standards for amenability set forth in section
9 6355 (a)(4)(iii) (relating to transfer to criminal proceedings)
10 shall be applied. The defendant shall be taken forthwith to the
11 probation officer or to a place of detention designated by the
12 court or released to the custody of his parent, guardian,
13 custodian, or other person legally responsible for him, to be
14 brought before the court at a time to be designated. The
15 accusatory pleading may serve in lieu of a petition otherwise
16 required by this chapter, unless the court directs the filing of
17 a petition.
18 * * *
19 § 6336. Conduct of hearings.
20 * * *
21 (d) Proceeding in camera.--[Except in hearings to declare a
22 person in contempt of court, the] The general public shall not
23 be excluded from [hearings under this chapter. Only the parties,
24 their counsel, witnesses, and other persons accompanying a party
25 for his assistance, and any other person as the court finds have
26 a proper interest in the proceeding or in the work of the court
27 may be admitted by the court. The court may temporarily exclude
28 the child from the hearing except while allegations of his
29 delinquency are being heard] proceedings under delinquency
30 petitions under this chapter.
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1 § 6355. Transfer to criminal proceedings.
2 * * *
3 (e) Murder or other designated felonies.--Where the petition
4 alleges conduct which if proven would [constitute murder] fall
5 under the jurisdictional exclusions to the definition of
6 "delinquent act" in section 6302 (relating to definitions), the
7 court shall require the offense to be prosecuted under the
8 criminal law and procedures, except where the case has been
9 transferred pursuant to section 6322 (relating to transfer from
10 criminal proceedings) from the division or a judge of the court
11 assigned to conduct criminal proceedings.
12 * * *
13 Section 2. Title 18 is amended by adding a section to read:
14 § 5126. Escape from a juvenile security unit or detention
15 center.
16 (a) Offense defined.--A person commits a felony of the third
17 degree when he unlawfully removes himself from a juvenile
18 security unit or pretrial detention facility or fails to return
19 to official detention following temporary leave granted for a
20 specific purpose or limited period.
21 (b) Venue.--Prosecution under this section may be commenced:
22 (1) in the county whose court ordered the secure
23 detention or placement; or
24 (2) in the county wherein the secure facility is
25 located.
26 Section 3. This act shall take effect in 60 days and shall
27 apply to crimes and delinquent acts alleged to have been
28 committed on and after such date.
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