PRINTER'S NO. 634

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 583 Session of 1993

        INTRODUCED BY PICCOLA, BLAUM, HECKLER, O'BRIEN, MASLAND,
           GLADECK, CLARK, E. Z. TAYLOR, DEMPSEY, FAIRCHILD,
           L. I. COHEN, MARSICO, MERRY, FEE, DeLUCA, SEMMEL, CLYMER,
           SCHEETZ, DERMODY, RAYMOND, STISH, FLICK, HERMAN, BATTISTO,
           ARMSTRONG, JAROLIN, HARLEY, TRELLO, MELIO, HASAY, McGEEHAN,
           GERLACH, BARLEY, KELLER, GEIST, ROONEY, HALUSKA AND PESCI,
           MARCH 15, 1993

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 1993

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     findings of delinquency.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6341(b) of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 6341.  Adjudication.
     9     * * *
    10     (b)  Finding of delinquency.--If the court finds on proof
    11  beyond a reasonable doubt that the child committed the acts by
    12  reason of which he is alleged to be delinquent it shall enter
    13  such finding on the record [and]. The common law presumption
    14  that a child lacks capacity to commit a crime shall not apply to
    15  a child who has attained ten years of age at the time of the
    16  occurrence of the act. If the court determines that the acts

     1  occurred, it shall then proceed immediately or at a postponed
     2  hearing, which shall occur not later than 20 days after
     3  adjudication if the child is in detention, to hear evidence as
     4  to whether the child is in need of treatment, supervision or
     5  rehabilitation and to make and file its findings thereon. In the
     6  absence of evidence to the contrary, evidence of the commission
     7  of acts which constitute a felony shall be sufficient to sustain
     8  a finding that the child is in need of treatment, supervision or
     9  rehabilitation. If the court finds that the child is not in need
    10  of treatment, supervision or rehabilitation it shall dismiss the
    11  proceeding and discharge the child from any detention or other
    12  restriction theretofore ordered.
    13     * * *
    14     Section 2.  This act shall take effect immediately.











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