PRINTER'S NO. 1803
No. 1463 Session of 1985
INTRODUCED BY CIMINI, JUNE 19, 1985
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 1985
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for the 3 public availability of the law enforcement records of certain 4 children. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 6308(b) of Title 42 of the Pennsylvania 8 Consolidated Statutes is amended to read: 9 § 6308. Law enforcement records. 10 * * * 11 (b) Public availability.-- 12 (1) The contents of law enforcement records and files 13 concerning a child shall not be disclosed to the public 14 except if the child is 14 or more years of age at the time of 15 the alleged conduct and if: 16 (i) the child has been adjudicated delinquent by a 17 court as a result of an act or acts which include the 18 elements of [rape,] kidnapping, murder, robbery, arson,
1 burglary or other act involving the use of or threat of 2 serious bodily harm; [or] 3 (ii) a petition alleging delinquency has been filed 4 by a law enforcement agency alleging that the child has 5 committed an act or acts which include the elements of 6 [rape,] kidnapping, murder, robbery, arson, burglary or 7 other act involving the use of or threat of serious 8 bodily harm and the child previously has been adjudicated 9 delinquent by a court as a result of an act or acts which 10 included the elements of one of such crimes[.]; 11 (iii) a petition alleging delinquency has been filed 12 by a law enforcement agency alleging that the child has 13 committed an act which includes the elements of rape or 14 involuntary deviate sexual intercourse; or 15 (iv) the child has, on three separate occasions, 16 been adjudicated a delinquent by a court. 17 (2) If the conduct of the child meets the requirements 18 for disclosure as set forth in paragraph (1), then the court 19 or law enforcement agency, as the case may be, shall 20 [disclose] publish the name, age and address the child, the 21 offenses charged and the disposition of the case. The master 22 or judge who adjudicates a child delinquent shall specify the 23 particular offenses and counts thereof which the child is 24 found to have committed and such information shall be 25 inserted on any law enforcement records or files disclosed to 26 the public as provided for in this section. 27 * * * 28 Section 2. This act shall take effect in 60 days. C27L42JLW/19850H1463B1803 - 2 -