PRIOR PRINTER'S NO. 951 PRINTER'S NO. 2461
No. 877 Session of 1999
INTRODUCED BY FEESE, S. H. SMITH, GEIST, ORIE, MAITLAND, TIGUE,
SEYFERT, MELIO, DALLY, SAYLOR, BAKER, B. SMITH, VANCE, PESCI,
GODSHALL, ROSS, READSHAW, SCRIMENTI, TRELLO, WILLIAMS, STERN,
HENNESSEY, CLARK, R. MILLER, SEMMEL, S. MILLER, HARHAI,
HARHART, MAJOR, E. Z. TAYLOR, J. TAYLOR, STEELMAN, SERAFINI,
CIVERA, M. COHEN, MAHER AND FARGO, MARCH 15, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 18, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 juvenile history record information; AND PROVIDING FOR <--
4 SENTENCES FOR OFFENSES AGAINST ELDERLY PERSONS AND AGAINST
5 INFANT PERSONS.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 6309 SECTIONS 6309, 9717 AND 9718 of <--
9 Title 42 of the Pennsylvania Consolidated Statutes is ARE <--
10 amended to read:
11 § 6309. Juvenile history record information.
12 (a) Applicability of Criminal History Record Information
13 Act.--Except for 18 Pa.C.S. §§ 9105 (relating to other criminal
14 justice information), 9112(a) and (b) (relating to mandatory
15 fingerprinting), 9113 (relating to disposition reporting by
16 criminal justice agencies) and 9121(b) (relating to general
17 regulations), the remaining provisions of 18 Pa.C.S. Ch. 91
1 (relating to criminal history record information) shall apply to
2 all alleged delinquents and adjudicated delinquents whose
3 fingerprints and photographs are taken pursuant to section
4 6308(c) (relating to law enforcement records) and to any
5 juvenile justice agency which collects, maintains, disseminates
6 or receives juvenile history record information. The disclosure
7 to the public of the contents of law enforcement records and
8 files concerning a child shall be governed by section 6308(b).
9 (b) Central repository.--The Pennsylvania State Police shall
10 establish a Statewide central repository of fingerprints,
11 photographs and juvenile history record information of alleged
12 delinquents and adjudicated delinquents whose fingerprints and
13 photographs are taken pursuant to section 6308(c).
14 (c) Fingerprints and photographs.--The arresting authority
15 shall ensure that the fingerprints and photographs of an alleged
16 delinquent and an adjudicated delinquent whose fingerprints and
17 photographs which have been taken by an arresting authority
18 pursuant to section 6308(c) are forwarded to the central
19 repository as required by the Pennsylvania State Police.
20 (d) Disposition reporting.--The division or judge of the
21 court assigned to conduct juvenile hearings shall, within seven
22 days after disposition of a case where the child has been
23 alleged to be delinquent, notify the arresting authority of the
24 disposition of the case. In addition, it shall collect and
25 submit to the Juvenile Court Judges' Commission the disposition
26 of cases where a child has been alleged to be delinquent,
27 including the disposition of cases resulting in adjudication of
28 delinquency which shall be submitted for inclusion in the
29 central repository within 90 days of an adjudication of
30 delinquency as required by the Juvenile Court Judges'
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1 Commission.
2 (e) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 "Criminal history record information." In addition to the
6 meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
7 includes the meaning of juvenile history record information as
8 defined in this subsection.
9 "Juvenile history record information." Information collected
10 pursuant to this section concerning alleged delinquents and
11 adjudicated delinquents whose fingerprints and photographs are
12 taken pursuant to section 6308(c) and arising from the filing of
13 a petition of delinquency, consisting of identifiable
14 descriptions, dates and notations of arrests[, indictments,
15 information] or other delinquency charges and any adjudication
16 of delinquency[, informal adjustment, consent decree] or
17 preadjudication disposition other than dismissal arising
18 therefrom. This information shall also include the last known
19 location and the juvenile court jurisdiction status of each
20 adjudicated delinquent. Juvenile history record information
21 shall not include intelligence information, investigative
22 information, treatment information, including medical and
23 psychiatric information, caution indicator information, modus
24 operandi information, wanted persons information, stolen
25 property information, missing persons information, employment
26 history information, personal history information or presentence
27 investigation information.
28 § 9717. SENTENCES FOR OFFENSES AGAINST ELDERLY PERSONS. <--
29 (A) MANDATORY SENTENCE.--A PERSON [UNDER 60 YEARS OF AGE]
30 CONVICTED OF THE FOLLOWING OFFENSES WHEN THE VICTIM IS OVER 60
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1 YEARS OF AGE AND NOT A POLICE OFFICER SHALL BE SENTENCED TO A
2 MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
3 18 PA.C.S. § 2702(A)(1) AND (4) (RELATING TO AGGRAVATED
4 ASSAULT) - NOT LESS THAN TWO YEARS.
5 18 PA.C.S. § 3121 (RELATING TO RAPE) - NOT LESS THAN FIVE
6 YEARS.
7 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
8 INTERCOURSE) - NOT LESS THAN FIVE YEARS.
9 18 PA.C.S. § 3922 (RELATING TO THEFT BY DECEPTION) - NOT
10 LESS THAN 12 MONTHS, BUT THE IMPOSITION OF THE MINIMUM
11 SENTENCE SHALL BE DISCRETIONARY WITH THE COURT WHERE THE
12 COURT FINDS JUSTIFIABLE CAUSE AND THAT FINDING IS WRITTEN IN
13 THE OPINION.
14 (B) NURSING HOME RESIDENT.--A PERSON CONVICTED UNDER 18
15 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT) WHEN THE VICTIM IS
16 A RESIDENT OF A NURSING HOME SHALL BE SENTENCED TO:
17 (1) A MANDATORY TERM OF IMPRISONMENT OF TWO YEARS; AND
18 (2) A MANDATORY TERM OF THERAPEUTIC INTERVENTION FOR
19 BEHAVIORAL DISORDERS FOR A PERIOD OF TWO YEARS.
20 (C) ELIGIBILITY FOR PAROLE.--PAROLE SHALL NOT BE GRANTED
21 UNTIL THE MINIMUM TERM OF IMPRISONMENT HAS BEEN SERVED.
22 § 9718. SENTENCES FOR OFFENSES AGAINST INFANT PERSONS.
23 (A) MANDATORY SENTENCE.--
24 (1) A PERSON CONVICTED OF THE FOLLOWING OFFENSES WHEN
25 THE VICTIM IS UNDER 16 YEARS OF AGE SHALL BE SENTENCED TO A
26 MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
27 18 PA.C.S. § 2702(A)(1) AND (4) (RELATING TO AGGRAVATED
28 ASSAULT) - NOT LESS THAN TWO YEARS.
29 18 PA.C.S. § 3121(1), (2), (3), (4), (5) AND (6)
30 (RELATING TO RAPE) - NOT LESS THAN FIVE YEARS.
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1 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
2 INTERCOURSE) - NOT LESS THAN FIVE YEARS.
3 (2) A PERSON CONVICTED OF THE FOLLOWING OFFENSES WHEN
4 THE VICTIM IS LESS THAN 13 YEARS OF AGE SHALL BE SENTENCED TO
5 A MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
6 18 PA.C.S. § 2702(A)(1) (RELATING TO AGGRAVATED ASSAULT)
7 - NOT LESS THAN FIVE YEARS.
8 18 PA.C.S. § 3125(1) THROUGH (6) (RELATING TO AGGRAVATED
9 INDECENT ASSAULT) - NOT LESS THAN TWO AND ONE-HALF YEARS.
10 (B) INDECENT ASSAULT.--A PERSON CONVICTED UNDER 18 PA.C.S. §
11 3126 (RELATING TO INDECENT ASSAULT) WHEN THE VICTIM IS 12 YEARS
12 OF AGE OR YOUNGER SHALL BE SENTENCED TO:
13 (1) A MANDATORY TERM OF IMPRISONMENT OF TWO YEARS; AND
14 (2) A MANDATORY TERM OF THERAPEUTIC INTERVENTION FOR
15 BEHAVIORAL DISORDERS FOR A PERIOD OF TWO YEARS.
16 (C) ELIGIBILITY FOR PAROLE.--PAROLE SHALL NOT BE GRANTED
17 UNTIL THE MINIMUM TERM OF IMPRISONMENT HAS BEEN SERVED.
18 Section 2. This act shall take effect in 60 days.
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