PRINTER'S NO. 1739
No. 1418 Session of 1985
INTRODUCED BY PICCOLA, SWEET, HAGARTY, GEIST, KOSINSKI, FLICK,
AFFLERBACH, SCHEETZ, GODSHALL, TRELLO, CLYMER, G. M. SNYDER,
CIMINI, SAURMAN, BLAUM, NOYE, BIRMELIN, MAIALE, HOWLETT,
F. E. TAYLOR, WOGAN, DeLUCA, B. SMITH, JOHNSON, E. Z. TAYLOR,
PERZEL, CIVERA, SIRIANNI, MRKONIC, WESTON, BALDWIN, VROON,
FOX, BOOK, SEVENTY, CAWLEY AND BURD, JUNE 12, 1985
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 12, 1985
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 treatment of dangerous juvenile offenders.
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 of Title 42 of the Pennsylvania Consolidated Statutes is
8 amended and the section is amended by adding definitions to
9 read:
10 § 6302. Definitions.
11 The following words and phrases when used in this chapter
12 shall have, unless the context clearly indicates otherwise, the
13 meanings given to them in this section:
14 * * *
15 "Dangerous juvenile offender." A child who meets all of the
16 following requirements:
1 (1) Is 15 years of age or older.
2 (2) Is alleged to be delinquent or has been adjudicated
3 delinquent for one or more of the following offenses:
4 (i) Attempted murder.
5 (ii) Voluntary manslaughter.
6 (iii) Rape.
7 (iv) Involuntary deviate sexual intercourse.
8 (v) Kidnapping.
9 (vi) Robbery as defined in 18 Pa.C.S. §
10 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
11 (vii) Felonious aggravated assault as defined in 18
12 Pa.C.S. § 2702 (relating to aggravated assault).
13 (viii) Aggravated assault with a deadly weapon.
14 (ix) Arson as defined in 18 Pa.C.S. § 3301(a)
15 (relating to arson and related offenses).
16 (x) An attempt to commit any of the offenses listed
17 in subparagraphs (ii) through (ix).
18 (3) Has been previously adjudicated delinquent
19 subsequent to the child's 12th birthday for one or more of
20 the following offenses:
21 (i) Attempted murder.
22 (ii) Voluntary manslaughter.
23 (iii) Rape.
24 (iv) Involuntary deviate sexual intercourse.
25 (v) Kidnapping.
26 (vi) Robbery as defined in 18 Pa.C.S. §
27 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
28 (vii) Felonious aggravated assault as defined in 18
29 Pa.C.S. § 2702 (relating to aggravated assault).
30 (viii) Aggravated assault with a deadly weapon.
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1 (ix) Arson as defined in 18 Pa.C.S. § 3301(a)
2 (relating to arson and related offenses).
3 (x) An attempt to commit any of the offenses listed
4 in subparagraphs (ii) through (ix).
5 An adjudication for an offense arising from the same criminal
6 episode as the offense considered under paragraph (2) shall
7 not be considered an adjudication for the purpose of this
8 paragraph.
9 "Delinquent act."
10 (1) The term means an act designated a crime under the
11 law of this Commonwealth, or of another state if the act
12 occurred in that state, or under Federal law, or under local
13 ordinances.
14 (2) The term shall not include:
15 (i) [the] The crime of murder[; or].
16 (ii) [summary] Summary offenses, unless the child
17 fails to pay a fine levied thereunder, in which event
18 notice of such fact shall be certified to the court.
19 (iii) A crime committed by a child subsequent to a
20 conviction of that child for a felony in a criminal
21 proceeding.
22 * * *
23 "Juvenile court." The division or judge of the court of
24 common pleas assigned to conduct juvenile hearings.
25 "Juvenile history record information." Information collected
26 by juvenile justice agencies or criminal justice agencies, as
27 defined in 18 Pa.C.S. § 9102 (relating to definitions),
28 concerning dangerous juvenile offenders and arising from the
29 filing of a petition of delinquency, consisting of identifiable
30 descriptions, dates and notations of arrests, indictments,
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1 information or other delinquency charges and any adjudication of
2 delinquency, informal adjustment, consent decree or pre-
3 adjudication disposition other than dismissal arising therefrom.
4 Juvenile history record information shall not include
5 intelligence information, investigative information, treatment
6 information, including medical and psychiatric information,
7 caution indicator information, modus operandi information,
8 wanted persons information, stolen property information, missing
9 persons information, employment history information, personal
10 history information or presentence investigation information.
11 "Juvenile justice agency." A juvenile court, the Juvenile
12 Court Judges' Commission, a juvenile probation office or any
13 place of detention as authorized by section 6327 (relating to
14 place of detention).
15 * * *
16 "Repository." Any location in which juvenile history record
17 information is collected, compiled, maintained and disseminated
18 by a criminal or juvenile justice agency.
19 * * *
20 Section 2. Section 6308 of Title 42 is amended to read:
21 § 6308. Law enforcement records.
22 (a) General rule.--[Law] Except as provided in section 6309
23 (relating to juvenile history record information), the law
24 enforcement records and files concerning a child shall be kept
25 separate from the records and files of arrests of adults. Unless
26 a charge of delinquency is transferred for criminal prosecution
27 under section 6355 (relating to transfer to criminal
28 proceedings), the interest of national security requires, or the
29 court otherwise orders in the interest of the child, the records
30 and files shall not be open to public inspection or their
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1 contents disclosed to the public except as provided in
2 subsection (b); but inspection of the records and files is
3 permitted by:
4 (1) The court having the child before it in any
5 proceeding.
6 (2) Counsel for a party to the proceeding.
7 (3) The officers of institutions or agencies to whom the
8 child is committed.
9 (4) Law enforcement officers of other jurisdictions when
10 necessary for the discharge of their official duties.
11 (5) A court in which the child is convicted of a
12 criminal offense for the purpose of a presentence report or
13 other dispositional proceeding, or by officials of penal
14 institutions and other penal facilities to which he is
15 committed, or by a parole board in considering his parole or
16 discharge or in exercising supervision over him.
17 (b) Public availability.--
18 (1) The contents of law enforcement records and files
19 concerning a child shall not be disclosed to the public
20 except if the child is 14 or more years of age at the time of
21 the alleged conduct and if:
22 (i) the child has been adjudicated delinquent by a
23 court as a result of an act or acts which include the
24 elements of rape, kidnapping, murder, robbery, arson,
25 burglary or other act involving the use of or threat of
26 serious bodily harm; [or]
27 (ii) a petition alleging delinquency has been filed
28 by a law enforcement agency alleging that the child has
29 committed an act or acts which include the elements of
30 rape, kidnapping, murder, robbery, arson, burglary or
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1 other act involving the use of or threat of serious
2 bodily harm and the child previously has been adjudicated
3 delinquent by a court as a result of an act or acts which
4 included the elements of one of such crimes[.]; or
5 (iii) the child is a dangerous juvenile offender.
6 (2) If the conduct of the child meets the requirements
7 for disclosure as set forth in paragraph (1), then the court
8 or law enforcement agency, as the case may be, shall disclose
9 the name, age and address of the child, the offenses charged
10 and the disposition of the case. The master or judge who
11 adjudicates a child delinquent shall specify the particular
12 offenses and counts thereof which the child is found to have
13 committed and such information shall be inserted on any law
14 enforcement records or files disclosed to the public as
15 provided for in this section.
16 (c) Fingerprints and photographs.--
17 (1) Law enforcement officers shall have the authority to
18 take or cause to be taken the fingerprints or photographs, or
19 both, of any child 15 years of age and older who is a
20 dangerous juvenile offender or who is alleged to have
21 committed a delinquent act that, but for the application of
22 this chapter, would constitute a felony or a violation of
23 [Subchapter A of Chapter 61 of Title 18] 18 Pa.C.S. Ch. 61
24 Subch. A (relating to uniform firearms act).
25 (2) [Fingerprint] Except as provided in paragraph (4),
26 fingerprint and photographic records shall not be
27 disseminated to law enforcement officers of other
28 jurisdictions, the Pennsylvania State Police or the Federal
29 Bureau of Investigation unless so ordered by the court.
30 (3) [Fingerprints] Except as provided in paragraph (4),
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1 fingerprint and photographic records of children shall be
2 immediately destroyed by all persons and agencies having
3 these records if the child is not adjudicated delinquent or
4 not convicted in a criminal proceeding for reason of the
5 alleged acts.
6 (4) Fingerprint and photographic records of dangerous
7 juvenile offenders may be disseminated to law enforcement
8 officers of other jurisdictions, the Pennsylvania State
9 Police or the Federal Bureau of Investigation. Fingerprint
10 and photographic records may be retained for a dangerous
11 juvenile offender even if the child is not adjudicated
12 delinquent or convicted of the alleged act.
13 Section 3. Title 42 is amended by adding a section to read:
14 § 6309. Juvenile history record information.
15 (a) Scope.--This section shall apply only to a dangerous
16 juvenile offender.
17 (b) Central repository.--The Pennsylvania State Police shall
18 establish a Statewide central repository of fingerprints,
19 photographs and juvenile history record information of dangerous
20 juvenile offenders. This repository may be combined with a
21 repository of similar information on adult offenders, as
22 provided in 18 Pa.C.S. Ch. 91 (relating to criminal history
23 record information).
24 (c) Fingerprints and photographs.--The juvenile court shall
25 ensure that the fingerprints and photographs of a dangerous
26 juvenile offender as taken by the arresting authority are
27 forwarded to the central repository within 48 hours after an
28 adjudication of delinquency of a child determined by the court
29 to meet the definition of a dangerous juvenile offender.
30 (d) Completeness and accuracy.--It shall be the duty of
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1 every juvenile justice and criminal justice agency in this
2 Commonwealth to maintain complete and accurate juvenile history
3 record information and to make corrections of inaccurate
4 information as provided in 18 Pa.C.S. § 9114 (relating to
5 correction of inaccurate information).
6 (e) Transmittal of information.--The central repository
7 shall transmit the juvenile history record information to the
8 arresting authority that submitted a complete, accurate and
9 classifiable fingerprint card.
10 (f) Disposition reporting.--The juvenile court shall collect
11 and submit juvenile history record information to the central
12 repository within 90 days of an adjudication of delinquency
13 involving a dangerous juvenile offender. The juvenile court
14 shall continually update juvenile history record information as
15 necessary.
16 (g) Prohibited information.--Intelligence information,
17 investigative information and treatment information shall not be
18 collected in the central repository nor in any automated or
19 electronic criminal or juvenile justice information system. This
20 prohibition shall not preclude the collection in the central
21 repository in any automated or electronic criminal or juvenile
22 justice information system of names, words, numbers, phrases or
23 other similar index keys to serve as indices to investigative
24 reports.
25 (h) Dissemination.--
26 (1) Fingerprints, photographs and juvenile history
27 record information shall only be disseminated to a criminal
28 justice agency, the juvenile court or to any noncriminal
29 justice agency that is providing a service for which a
30 criminal justice agency or juvenile court is responsible.
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1 Such information shall be disseminated without charge to said
2 agency.
3 (2) Any criminal justice agency which disseminates
4 juvenile history record information must indicate to the
5 recipient that the information disseminated is only that
6 information contained in its own file, the date of the last
7 entry and that a summary of the Statewide juvenile history
8 record information may be obtained from the central
9 repository.
10 (3) Repositories must enter as a permanent part of an
11 individual's juvenile history record information file, a
12 listing of all persons and agencies to whom they have
13 disseminated that particular juvenile history record
14 information and the date and purpose for which the
15 information was disseminated. Such listing shall be
16 maintained separate from the record itself.
17 (i) Expungement.--
18 (1) Juvenile history record information shall be
19 expunged when:
20 (i) no disposition has been received or, upon
21 request for juvenile history record information, no
22 disposition has been recorded in the repository within 18
23 months after the date of arrest and the court of proper
24 jurisdiction certifies to the director of the repository
25 that no disposition of delinquency or conviction is
26 available and no action is pending. Expungement shall not
27 occur until the certification from the court is received
28 and the director of the repository authorizes such
29 expungement; or
30 (ii) a court order requires that such nonconviction
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1 data be expunged.
2 (2) Notice of expungement shall be promptly submitted to
3 the central repository. The central repository shall notify
4 all criminal justice agencies which have received the
5 juvenile history record information that the information is
6 to be expunged.
7 (3) The court shall give ten days prior notice to the
8 district attorney of the county where the original charge was
9 filed of any applications for expungement under the
10 provisions of paragraph (1)(ii).
11 (4) Except as provided in paragraph (1), the juvenile
12 history record information of a dangerous juvenile offender
13 shall not be expunged.
14 (j) Security requirements for repositories.--Every agency
15 collecting, storing or disseminating juvenile history record
16 information shall comply with the same security requirements set
17 forth under 18 Pa.C.S. § 9131 (relating to security requirements
18 for repositories).
19 (k) Individual right of access and review.--Any juvenile or
20 his legal representative has the right to review, challenge,
21 correct and appeal the accuracy and completeness of his juvenile
22 history record information in the same manner as provided for
23 criminal history record information under 18 Pa.C.S. §§ 9151
24 (relating to right to access and review), 9152 (relating to
25 procedure) and 9153 (relating to individual rights on access and
26 review).
27 (l) Duties of Attorney General.--The Attorney General shall
28 have the same powers and authority described in 18 Pa.C.S. §§
29 9141 (relating to annual audit of repositories) and 9161
30 (relating to duties of the Attorney General) as they relate to
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1 this section.
2 (m) Sanctions.--Any person, including any agency or
3 organization, who violates the provisions of this section or any
4 rules or regulations promulgated under this section or 18
5 Pa.C.S. Ch. 91 shall be subject to the administrative sanctions
6 and civil actions provided under 18 Pa.C.S. §§ 9181 (relating to
7 general administrative sanctions) and 9183 (relating to civil
8 actions).
9 Section 4. Sections 6322, 6335(a) and 6336 of Title 42 are
10 amended to read:
11 § 6322. Transfer from criminal proceedings.
12 (a) General rule.--Except as provided in 75 Pa.C.S. § 6303
13 (relating to rights and liabilities of minors) or in the event
14 the child is charged with murder or has a previous conviction
15 for a felony, if it appears to the court in a criminal
16 proceeding [other than murder,] that the defendant is a child,
17 this chapter shall immediately become applicable, and the court
18 shall forthwith halt further criminal proceedings, and, where
19 appropriate, transfer the case to the [division or a judge of
20 the court assigned to conduct juvenile hearings] juvenile court,
21 together with a copy of the accusatory pleading and other
22 papers, documents, and transcripts of testimony relating to the
23 case. If it appears to the court in a criminal proceeding
24 charging murder, that the defendant is a child, the case may
25 similarly be transferred and the provisions of this chapter
26 applied. [The] In determining whether to transfer a case
27 charging murder, the court shall apply the criteria in section
28 6355(a)(4)(iii)(A) (relating to transfer to criminal
29 proceedings). However, the child shall be required to show the
30 court that the child is amenable to treatment, supervision or
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1 rehabilitation as a juvenile by meeting the criteria listed in
2 section 6355(a)(4)(iii)(A). If the court orders the case to be
3 transferred to juvenile court, the defendant shall be taken
4 forthwith to the probation officer or to a place of detention
5 designated by the court or released to the custody of his
6 parent, guardian, custodian, or other person legally responsible
7 for him, to be brought before the court at a time to be
8 designated. The accusatory pleading may serve in lieu of a
9 petition otherwise required by this chapter, unless the court
10 directs the filing of a petition.
11 (b) Transfer of convicted criminal cases.--If in a criminal
12 proceeding charging murder the child is convicted of a crime
13 less than murder, the case may be transferred for disposition to
14 the [division or a judge of the court assigned to conduct
15 juvenile hearings] juvenile court. If, in a criminal proceeding
16 resulting from a transfer under section 6355(a), the child is
17 convicted of a lesser charge which is classified as a
18 misdemeanor, the case may be transferred for disposition to the
19 juvenile court. Similarly, if in a criminal proceeding resulting
20 from a transfer under section 6355(e.1) the child is convicted
21 of a lesser charge so that the child no longer meets the
22 criteria defining a dangerous juvenile offender, the case may be
23 transferred for disposition to the juvenile court.
24 § 6335. Release or holding of hearing.
25 (a) General rule.--After the petition has been filed the
26 court shall fix a time for hearing thereon, which, if the child
27 is in detention or shelter care shall not be later than ten days
28 after the filing of the petition. If the hearing is not held
29 within such time, the child shall be immediately released from
30 detention or shelter care. A child may be detained or kept in
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1 shelter care for an additional single period not to exceed ten
2 days where:
3 (1) the court determines at a hearing that:
4 (i) evidence material to the case is unavailable;
5 (ii) due diligence to obtain such evidence has been
6 exercised; and
7 (iii) there are reasonable grounds to believe that
8 such evidence will be available at a later date; and
9 (2) the court finds by clear and convincing evidence
10 that:
11 (i) the life of the child would be in danger;
12 (ii) the community would be exposed to a specific
13 danger; or
14 (iii) the child will abscond or be removed from the
15 jurisdiction of the court.
16 Any delay in the hearing which results from continuances
17 requested or caused by defense counsel shall not be included in
18 determining the period of time during which a child may be
19 detained or kept in shelter care. The court shall direct the
20 issuance of a summons to the parents, guardian, or other
21 custodian, a guardian ad litem, and any other persons as appear
22 to the court to be proper or necessary parties to the
23 proceeding, requiring them to appear before the court at the
24 time fixed to answer the allegations of the petition. The
25 summons shall also be directed to the child if he is 14 or more
26 years of age or is alleged to be a delinquent. A copy of the
27 petition shall accompany the summons.
28 * * *
29 § 6336. Conduct of hearings.
30 (a) General rule.--Hearings under this chapter shall be
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1 conducted by the court without a jury, in an informal but
2 orderly manner, and separate from other proceedings not included
3 in section 6303 (relating to scope of chapter).
4 (b) Functions of district attorney.--The district attorney,
5 upon request of the court, shall present the evidence in support
6 of the petition and otherwise conduct the proceedings on behalf
7 of the Commonwealth.
8 (c) Record.--If requested by the party or ordered by the
9 court the proceedings shall be recorded by appropriate means. If
10 not so recorded, full minutes of the proceedings shall be kept
11 by the court.
12 (d) Proceeding in camera.--Except for adjudicatory
13 proceedings under section 6341(a) (relating to adjudication)
14 involving a child originally charged with murder or a dangerous
15 juvenile offender, or except in hearings to declare a person in
16 contempt of court, the general public shall be excluded from
17 hearings under this chapter. Only the parties, their counsel,
18 witnesses, and other persons accompanying a party for his
19 assistance, and any other person as the court finds have a
20 proper interest in the proceeding or in the work of the court
21 may be admitted by the court. The court may temporarily exclude
22 the child from the hearing except while allegations of his
23 delinquency are being heard.
24 Section 5. Section 6355 of Title 42 is amended by adding a
25 subsection to read:
26 § 6355. Transfer to criminal proceedings.
27 * * *
28 (e.1) Dangerous juvenile offenders.--After holding a hearing
29 at which it is determined that the child meets the criteria
30 defining a dangerous juvenile offender, a prima facie case that
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1 the child is a dangerous juvenile offender shall have been
2 established. On motion of the prosecutor, the court shall
3 transfer the offense and all other alleged offenses arising out
4 of the same criminal episode to the division or judge of the
5 court assigned to conduct criminal proceedings. The transfer
6 shall not be made if the dangerous juvenile offender can show
7 that the offender is amenable to treatment, supervision and
8 rehabilitation as a juvenile through programs and facilities
9 available to the juvenile court within the time period that the
10 juvenile court would have jurisdiction, and that the interests
11 of the community could be better served by treatment within the
12 juvenile justice system.
13 * * *
14 Section 6. The following acts are repealed:
15 Act of June 8, 1881 (P.L.63, No.68), entitled "A supplement
16 to an act, entitled 'An act to create a middle penitentiary
17 district in this state, and to provide for the erection of a
18 state penitentiary for the same,' approved the twelfth day of
19 June, Anno Domini one thousand eight hundred and seventy-eight."
20 Act of April 28, 1887 (P.L.63, No.30), entitled, as amended,
21 "An act in relation to the imprisonment, government and release
22 of inmates in the Pennsylvania Industrial School at Camp Hill,
23 Cumberland County, Pennsylvania."
24 Act of June 3, 1893 (P.L.280, No.245), entitled "An act to
25 provide for the payment of the cost and expense of trying
26 prisoners convicted in the courts of Huntingdon county for the
27 violation of law while inmates of the Pennsylvania Industrial
28 Reformatory, and for their maintenance in the county prison or
29 penitentiary after their conviction."
30 Act of June 6, 1893 (P.L.326, No.263), entitled "A supplement
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1 to an act, entitled 'An act in relation to the imprisonment,
2 government and release of convicts in the Pennsylvania
3 Industrial Reformatory at Huntingdon,' approved the twenty-
4 eighth day of April, Anno Domini one thousand eight hundred and
5 eighty-seven."
6 Act of May 2, 1901 (P.L.126, No.92), entitled "An act to
7 provide for the sale of unserviceable machinery in the
8 Industrial Reformatory at Huntingdon, Pennsylvania, and the
9 other State Reformatories, when said machinery has been
10 purchased by appropriations made from the State Treasury for the
11 purpose."
12 Act of May 1, 1929 (P.L.1183, No.415), entitled "An act
13 relating to persons paroled from the Pennsylvania Industrial
14 Reformatory at Huntingdon; and regulating the procedure when
15 such persons violate the terms of paroles, and the effect of
16 such violations."
17 Section 7. (a) Sections 1 through 5 shall take effect in 60
18 days.
19 (b) The remainder of the act shall take effect immediately.
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