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PRINTER'S NO. 1792
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1175
Session of
2018
INTRODUCED BY WARD, RAFFERTY, VULAKOVICH, COSTA, RESCHENTHALER,
BARTOLOTTA, STEFANO AND BROWNE, MAY 23, 2018
REFERRED TO JUDICIARY, MAY 23, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in wiretapping and electronic surveillance, further
providing for administrative subpoena; and, in juvenile
matters, further providing for powers and duties of probation
officers and for detention of child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5743.1(a)(1) introductory paragraph and
(g) of Title 18 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 5743.1. Administrative subpoena.
(a) Authorization.--
(1) In an ongoing investigation that monitors or
utilizes online services or other means of electronic
communication to identify individuals engaged in an offense
involving the sexual exploitation or abuse of children or
individuals who are suspected to have made a terroristic
threat committed on or against a school property, including a
public school grounds, during a school-sponsored activity or
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on a conveyance providing transportation to a school entity
or school-sponsored activity, the following shall apply:
* * *
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Offense involving the sexual exploitation or abuse of
children." An offense, including an attempt, conspiracy or
solicitation involving any of the following, in which a victim
is an individual who is under the age of 18 years:
(1) Chapter 29 (relating to kidnapping).
(2) Chapter 30 (relating to human trafficking).
(3) Chapter 31 (relating to sexual offenses).
(4) Section 6312 (relating to sexual abuse of children).
(5) Section 6318 (relating to unlawful contact with
minor).
(6) Section 6320 (relating to sexual exploitation of
children).
"Terroristic threat." A violation or an attempted violation
under section 2706 (relating to terroristic threats).
Section 2. Section 6304(a)(1) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6304. Powers and duties of probation officers.
(a) General rule.--For the purpose of carrying out the
objectives and purposes of this chapter, and subject to the
limitations of this chapter or imposed by the court, a probation
officer shall:
(1) Make investigations, reports, and recommendations to
the court. Investigations shall include a review of all
available school records for disciplinary actions taken
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against a child charged with delinquency.
* * *
Section 3. Section 6325 of Title 42 is amended to read:
§ 6325. Detention of child.
(a) General rule.--A child taken into custody shall not be
detained or placed in shelter care prior to the hearing on the
petition unless his detention or care is required to protect the
person or property of others or of the child or because the
child may abscond or be removed from the jurisdiction of the
court or because he has no parent, guardian, or custodian or
other person able to provide supervision and care for him and
return him to the court when required, or an order for his
detention or shelter care has been made by the court pursuant to
this chapter.
(b) Mental health evaluation.--A child suspected of
committing a violation under 18 Pa.C.S. § 2706 (relating to
terroristic threats) shall undergo a mental health evaluation by
a licensed psychologist or psychiatrist prior to a decision as
to whether to detain the child. The evaluation shall be limited
to assessing the potential of the child to inflict harm upon the
child or others.
Section 4. This act shall take effect in 60 days.
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