PRINTER'S NO. 1803

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.


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