PRINTER'S NO. 3400
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2758
Session of
2022
INTRODUCED BY RABB, BENHAM, BULLOCK, FIEDLER, HILL-EVANS,
HOWARD, INNAMORATO, KINKEAD, KRAJEWSKI, LEE, N. NELSON,
ZABEL, HOHENSTEIN, MADDEN, CEPHAS, KINSEY, SANCHEZ, DELLOSO,
A. DAVIS, D. WILLIAMS, PARKER, KIRKLAND, WEBSTER, DALEY AND
McCLINTON, AUGUST 4, 2022
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 4, 2022
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for definitions, for scope of chapter, for
inspection of court files and records, for transfer from
criminal proceedings, for place of detention and for conduct
of hearings and repealing provisions relating to transfer to
criminal proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "delinquent act" in section
6302 of Title 42 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Delinquent [act."
(1) The term means an] act." An act designated a crime
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under the law of this Commonwealth, or of another state if
the act occurred in that state, or under Federal law, or an
act which constitutes indirect criminal contempt under
Chapter 62A (relating to protection of victims of sexual
violence or intimidation) with respect to sexual violence or
23 Pa.C.S. Ch. 61 (relating to protection from abuse) or the
failure of a child to comply with a lawful sentence imposed
for a summary offense, in which event notice of the fact
shall be certified to the court.
[(2) The term shall not include:
(i) The crime of murder.
(ii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and a deadly weapon as defined in 18
Pa.C.S. § 2301 (relating to definitions) was used during
the commission of the offense which, if committed by an
adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121
(relating to rape).
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(E) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(F) Aggravated indecent assault as defined in 18
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Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
(relating to kidnapping).
(H) Voluntary manslaughter.
(I) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
(relating to criminal solicitation) and 903 (relating
to criminal conspiracy).
(iii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and has been previously adjudicated
delinquent of any of the following prohibited conduct
which, if committed by an adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121.
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(D) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
(G) Voluntary manslaughter.
(H) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901, 902 and 903.
(iv) Summary offenses.
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(v) A crime committed by a child who has been found
guilty in a criminal proceeding for other than a summary
offense.]
* * *
Section 2. Sections 6303(b) and 6307(b)(1.1) of Title 42 are
amended to read:
§ 6303. Scope of chapter.
* * *
(b) Minor judiciary.--No child shall be detained, committed
or sentenced to imprisonment by a magisterial district judge or
a judge of the minor judiciary [unless the child is charged with
an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the
definition of "delinquent act" in section 6302 (relating to
definitions)].
* * *
§ 6307. Inspection of court files and records.
* * *
(b) Public availability.--
(1.1) The contents of court records and files concerning
a child shall not be disclosed to the public. [unless any of
the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts committed when the
child was 14 years of age or older and the conduct would
have constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
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(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1 (relating to sexual assault).
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
(relating to arson and related offenses).
(G) Burglary as a felony in the first degree as
defined in 18 Pa.C.S. § 3502(c)(1) (relating to
burglary).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61 (relating to
firearms and other dangerous articles).
(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.
(ii) A petition alleging delinquency has been filed
alleging that the child has committed an act or acts
subject to a hearing pursuant to section 6336(e)
(relating to conduct of hearings) and the child
previously has been adjudicated delinquent by a court as
a result of an act or acts committed when the child was
14 years of age or older and the conduct would have
constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
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(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2).
(D) Sexual Assault as defined in 18 Pa.C.S. §
3124.1.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).
(G) Burglary as a felony in the first degree as
defined in 18 Pa.C.S. § 3502(c)(1).
(H) Involuntary deviate sexual intercourse.
(I) Kidnapping.
(J) Rape.
(K) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(L) Robbery of motor vehicle.
(M) Violation of 18 Pa.C.S. Ch. 61.
(N) Attempt or conspiracy to commit any of the
offenses in this subparagraph.]
* * *
Section 3. Section 6322(a) of Title 42 is amended and the
section is amended by adding a subsection to read:
§ 6322. Transfer from criminal proceedings.
(a) General rule.--Except as provided in 75 Pa.C.S. § 6303
(relating to rights and liabilities of minors) or in the event
the child [is charged with murder or any of the offenses
excluded by paragraph (2)(ii) or (iii) of the definition of
"delinquent act" in section 6302 (relating to definitions) or]
has been found guilty in a criminal proceeding, if it appears to
the court in a criminal proceeding that the defendant [is a
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child] was a child at the time of the offense, this chapter
shall immediately become applicable, and the court shall
forthwith halt further criminal proceedings, and, where
appropriate, transfer the case to the division or a judge of the
court assigned to conduct juvenile hearings, together with a
copy of the accusatory pleading and other papers, documents, and
transcripts of testimony relating to the case. [If it appears to
the court in a criminal proceeding charging murder or any of the
offenses excluded by paragraph (2)(ii) or (iii) of the
definition of "delinquent act" in section 6302, that the
defendant is a child, the case may similarly be transferred and
the provisions of this chapter applied. In determining whether
to transfer a case charging murder or any of the offenses
excluded from the definition of "delinquent act" in section
6302, the child shall be required to establish by a
preponderance of the evidence that the transfer will serve the
public interest. In determining whether the child has so
established that the transfer will serve the public interest,
the court shall consider the factors contained in section
6355(a)(4)(iii) (relating to transfer to criminal proceedings).]
* * *
(f) Transfer of cases back to juvenile court.--In the case
of an individual who was under 18 years of age at the time of
the offense and whose case has already been transferred or is
otherwise within the adult criminal justice system, the case
shall be returned to juvenile court in accordance with
subsection (a).
Section 4. Sections 6327(c), (c.1) and (d) and 6336(e) of
Title 42 are amended to read:
§ 6327. Place of detention.
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* * *
(c) Detention in jail prohibited.--It is unlawful for any
person in charge of or employed by a jail knowingly to receive
for detention or to detain in the jail any person whom he has or
should have reason to believe is a child. [unless, in a criminal
proceeding, the child has been charged with or has been found
guilty of an act set forth in paragraph (2)(i), (ii), (iii) or
(v) of the definition of "delinquent act" in section 6302
(relating to definitions).
(c.1) Detention of child.--
(1) A child who is subject to criminal proceedings
having been charged with an act set forth under paragraph
(2)(i), (ii) or (iii) of the definition of "delinquent act"
in section 6302, who has not been released on bail and who
may seek or is seeking transfer to juvenile proceedings under
section 6322 (relating to transfer from criminal proceedings)
may be detained in a secure detention facility approved by
the Department of Public Welfare for the detention of alleged
and adjudicated delinquent children if the attorney for the
Commonwealth has consented to and the court has ordered the
detention.
(2) Secure detention ordered under this subsection shall
not affect a child's eligibility for or ability to post bail.
(3) For a child held in secure detention under this
subsection, the court shall order the immediate transfer of
the child to the county jail if any of the following apply:
(i) The court determines that the child is no longer
seeking transfer under section 6322.
(ii) The court denies the motion filed under section
6322.
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(iii) The child attains 18 years of age. This
subparagraph does not apply if:
(A) the court has granted the motion filed under
section 6322; or
(B) the child is otherwise under order of
commitment to the secure detention facility pursuant
to the jurisdiction of the court in a delinquency
matter.
(d) Transfer of child subject to criminal proceedings.--If a
case is transferred for criminal prosecution the child may be
transferred to the appropriate officer or detention facility in
accordance with the law governing the detention of persons
charged with crime. The court in making the transfer may order
continued detention as a juvenile pending trial if the child is
unable to provide bail.]
* * *
§ 6336. Conduct of hearings.
* * *
[(e) Open proceedings.--The general public shall not be
excluded from any hearings under this chapter:
(1) Pursuant to a petition alleging delinquency where
the child was 14 years of age or older at the time of the
alleged conduct and the alleged conduct would be considered a
felony if committed by an adult.
(2) Pursuant to a petition alleging delinquency where
the child was 12 years of age or older at the time of the
alleged conduct and where the alleged conduct would have
constituted one or more of the following offenses if
committed by an adult:
(i) Murder.
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(ii) Voluntary manslaughter.
(iii) Aggravated assault as defined in 18 Pa.C.S. §
2702(a)(1) or (2) (relating to aggravated assault).
(iv) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
(relating to arson and related offenses).
(v) Involuntary deviate sexual intercourse.
(vi) Kidnapping.
(vii) Rape.
(viii) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)
(i), (ii) or (iii) (relating to robbery).
(ix) Robbery of motor vehicle.
(x) Attempt or conspiracy to commit any of the
offenses in this paragraph.
Notwithstanding anything in this subsection, the proceedings
shall be closed upon and to the extent of any agreement between
the child and the attorney for the Commonwealth.]
* * *
Section 5. Section 6355 of Title 42 is repealed:
[§ 6355. Transfer to criminal proceedings.
(a) General rule.--After a petition has been filed alleging
delinquency based on conduct which is designated a crime or
public offense under the laws, including local ordinances, of
this Commonwealth, the court before hearing the petition on its
merits may rule that this chapter is not applicable and that the
offense should be prosecuted, and transfer the offense, where
appropriate, to the division or a judge of the court assigned to
conduct criminal proceedings, for prosecution of the offense if
all of the following exist:
(1) The child was 14 or more years of age at the time of
the alleged conduct.
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(2) A hearing on whether the transfer should be made is
held in conformity with this chapter.
(3) Notice in writing of the time, place, and purpose of
the hearing is given to the child and his parents, guardian,
or other custodian at least three days before the hearing.
(4) The court finds:
(i) that there is a prima facie case that the child
committed the delinquent act alleged;
(ii) that the delinquent act would be considered a
felony if committed by an adult;
(iii) that there are reasonable grounds to believe
that the public interest is served by the transfer of the
case for criminal prosecution. In determining whether the
public interest can be served, the court shall consider
the following factors:
(A) the impact of the offense on the victim or
victims;
(B) the impact of the offense on the community;
(C) the threat to the safety of the public or
any individual posed by the child;
(D) the nature and circumstances of the offense
allegedly committed by the child;
(E) the degree of the child's culpability;
(F) the adequacy and duration of dispositional
alternatives available under this chapter and in the
adult criminal justice system; and
(G) whether the child is amenable to treatment,
supervision or rehabilitation as a juvenile by
considering the following factors:
(I) age;
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(II) mental capacity;
(III) maturity;
(IV) the degree of criminal sophistication
exhibited by the child;
(V) previous records, if any;
(VI) the nature and extent of any prior
delinquent history, including the success or
failure of any previous attempts by the juvenile
court to rehabilitate the child;
(VII) whether the child can be rehabilitated
prior to the expiration of the juvenile court
jurisdiction;
(VIII) probation or institutional reports,
if any;
(IX) any other relevant factors; and
(iv) that there are reasonable grounds to believe
that the child is not committable to an institution for
the mentally retarded or mentally ill.
(b) Chapter inapplicable following transfer.--The transfer
terminates the applicability of this chapter over the child with
respect to the delinquent acts alleged in the petition.
(c) Transfer at request of child.--The child may request
that the case be transferred for prosecution in which event the
court may order this chapter not applicable.
(d) Effect of transfer from criminal proceedings.--No
hearing shall be conducted where this chapter becomes applicable
because of a previous determination by the court in a criminal
proceeding.
(e) Murder and other excluded acts.--Where the petition
alleges conduct which if proven would constitute murder, or any
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of the offenses excluded by paragraph (2)(ii) or (iii) of the
definition of "delinquent act" in section 6302 (relating to
definitions), the court shall require the offense to be
prosecuted under the criminal law and procedures, except where
the case has been transferred pursuant to section 6322 (relating
to transfer from criminal proceedings) from the division or a
judge of the court assigned to conduct criminal proceedings.
(f) Transfer action interlocutory.--The decision of the
court to transfer or not to transfer the case shall be
interlocutory.
(g) Burden of proof.--The burden of establishing by a
preponderance of evidence that the public interest is served by
the transfer of the case to criminal court and that a child is
not amenable to treatment, supervision or rehabilitation as a
juvenile shall rest with the Commonwealth unless the following
apply:
(1) (i) a deadly weapon as defined in 18 Pa.C.S. § 2301
(relating to definitions) was used and the child was 14
years of age at the time of the offense; or
(ii) the child was 15 years of age or older at the
time of the offense and was previously adjudicated
delinquent of a crime that would be considered a felony
if committed by an adult; and
(2) there is a prima facie case that the child committed
a delinquent act which, if committed by an adult, would be
classified as rape, involuntary deviate sexual intercourse,
aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or
(2) (relating to aggravated assault), robbery as defined in
18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
robbery), robbery of motor vehicle, aggravated indecent
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assault, kidnapping, voluntary manslaughter, an attempt,
conspiracy or solicitation to commit any of these crimes or
an attempt to commit murder as specified in paragraph (2)(ii)
of the definition of "delinquent act" in section 6302.
If either of the preceding criteria are met, the burden of
establishing by a preponderance of the evidence that retaining
the case under this chapter serves the public interest and that
the child is amenable to treatment, supervision or
rehabilitation as a juvenile shall rest with the child.]
Section 6. This act shall apply to all proceedings that
commence on or after the effective date of this section.
Section 7. This act shall take effect in 60 days.
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