HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 868, 1043, 1582, 1691, 2418

PRINTER'S NO.  2475

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

850

Session of

2011

  

  

INTRODUCED BY GREENLEAF, BAKER, TARTAGLIONE, FONTANA, COSTA, YUDICHAK, BOSCOLA, ALLOWAY, HUGHES AND FARNESE, MARCH 16, 2011

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 15, 2012   

  

  

  

AN ACT

  

1

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

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2

Judicial Procedure) of the Pennsylvania Consolidated

3

Statutes, in minors, providing for the offense of

4

cyberbullying by minors; in criminal history record

5

information, further providing for expungement and for

6

juvenile records; and, in relation to summary offenses,

7

further providing for short title and purpose of chapter, for

8

the scope of the Juvenile Act, for inspection of court files

9

and records, for conduct of hearings and for right to

10

counsel.

11

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

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12

Judicial Procedure) and 61 (Prisons and Parole), of the

13

Pennsylvania Consolidated Statutes, in authorized disposition

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14

of offenders, further providing for sentence for murder,

15

murder of unborn child and murder of law enforcement officer;

16

and providing for sentence of persons under the age of 18 for

17

murder, murder of an unborn child and murder of a law

18

enforcement officer; in minors, providing for the offense of

19

cyberbullying by minors; in criminal history record

20

information, further providing for expungement and for

21

juvenile records; in relation to summary offenses, further

22

providing for short title and purpose of chapter, for

23

definitions, for the scope of the Juvenile Act, for

24

inspection of court files and records, for conduct of

25

hearings and for right to counsel; and, in Pennsylvania Board

26

of Probation and Parole, further providing for parole

27

procedure IN AUTHORIZED DISPOSITION OF OFFENDERS, FURTHER

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28

PROVIDING FOR SENTENCE FOR MURDER, MURDER OF UNBORN CHILD AND

29

MURDER OF LAW ENFORCEMENT OFFICER AND PROVIDING FOR SENTENCE

30

OF PERSONS UNDER THE AGE OF 18 FOR MURDER, MURDER OF AN

31

UNBORN CHILD AND MURDER OF A LAW ENFORCEMENT OFFICER; IN

 


1

CRIMINAL HISTORY RECORD INFORMATION, FURTHER PROVIDING FOR

2

EXPUNGEMENT AND FOR JUVENILE RECORDS; AND PROVIDING FOR CRIME

3

VICTIMS; IN JUVENILE MATTERS, FURTHER PROVIDING FOR SHORT

4

TITLE AND PURPOSEs OF CHAPTER, FOR DEFINITIONS, FOR SCOPE,

5

for inspection of court files and records and FOR CONDUCT OF

6

HEARINGS; IN SENTENCING, PROVIDING FOR SENTENCING FOR CERTAIN

7

MURDERS OF INFANT PERSONS AND FOR SENTENCES FOR SECOND AND

8

SUBSEQUENT OFFENSES; IN PENNSYLVANIA BOARD OF PROBATION AND

9

PAROLE, FURTHER PROVIDING FOR PAROLE PROCEDURE.

10

The General Assembly of the Commonwealth of Pennsylvania

11

hereby enacts as follows:

12

Section 1.  Title 18 of the Pennsylvania Consolidated

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13

Statutes is amended by adding a section to read:

14

Section 1.  Section 1102(a)(1) and (b) of Title 18 of the

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15

Pennsylvania Consolidated Statutes are amended to read:

16

§ 1102.  Sentence for murder, murder of unborn child and murder

17

of law enforcement officer.

18

(a)  First degree.--

19

(1)  [A] Except as provided under section 1102.1

20

(relating to sentence of persons under the age of 18 for

21

murder, murder of an unborn child and murder of a law

22

enforcement officer), a person who has been convicted of a

23

murder of the first degree or of murder of a law enforcement

24

officer of the first degree shall be sentenced to death or to

25

a term of life imprisonment in accordance with 42 Pa.C.S. §

26

9711 (relating to sentencing procedure for murder of the

27

first degree).

28

* * *

29

(b)  Second degree.--[A] Except as provided under section

30

1102.1, a person who has been convicted of murder of the second

31

degree, of second degree murder of an unborn child or of second

32

degree murder of a law enforcement officer shall be sentenced to

33

a term of life imprisonment.

34

* * *

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1

Section 2.  Title 18 is amended by adding sections a section 

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2

to read:

3

§ 1102.1.  Sentence of persons under the age of 18 for murder,

4

murder of an unborn child and murder of a law

5

enforcement officer.

6

(a)  First degree murder.--A person who has been convicted,

7

after June 24, 2012, of a murder of the first degree, first

8

degree murder of an unborn child or of murder of a law

9

enforcement officer of the first degree and who was under the

10

age of 18 at the time of the commission of the offense shall be

11

sentenced as follows:

12

(1)  A person who at the time of the commission of the

13

offense was 15 years of age or older shall be sentenced to a

14

term of life imprisonment without parole, or a term of

15

imprisonment, the minimum of which shall be at least 35 years

16

to life.

17

(2)  A person who at the time of the commission of the

18

offense was under 15 years of age shall be sentenced to a

19

term of life imprisonment without parole, or a term of

20

imprisonment, the minimum of which shall be at least 25 years

21

to life.

22

(b)  Notice.--Reasonable notice to the defendant of the

23

Commonwealth's intention to seek a sentence of life imprisonment

24

without parole under subsection (a) shall be provided after

25

conviction and before sentencing.

26

(c)  Second degree murder.--A person who has been convicted,

27

after June 24, 2012, of a murder of the second degree, second

28

degree murder of an unborn child or of murder of a law

29

enforcement officer of the second degree and who was under the

30

age of 18 at the time of the commission of the offense shall be

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1

sentenced as follows:

2

(1)  A person who at the time of the commission of the

3

offense was 15 years of age or older shall be sentenced to a

4

term of imprisonment the minimum of which shall be at least

5

30 years to life.

6

(2)  A person who at the time of the commission of the

7

offense was under 15 years of age shall be sentenced to a

8

term of imprisonment the minimum of which shall be at least

9

20 years to life.

10

(d)  Findings.--In determining whether to impose a sentence

11

of life without parole under subsection (a), the court shall

12

consider and make findings on the record regarding the

13

following:

14

(1)  The impact of the offense on each victim, including

15

oral and written victim impact statements made or submitted

16

by family members of the victim detailing the physical,

17

psychological and economic effects of the crime on the victim

18

and the victim's family. A victim impact statement may

19

include comment on the sentence of the defendant.

20

(2)  The impact of the offense on the community.

21

(3)  The threat to the safety of the public or any

22

individual posed by the defendant.

23

(4)  The nature and circumstances of the offense

24

committed by the defendant.

25

(5)  The degree of the defendant's culpability.

26

(6)  Guidelines for sentencing and resentencing adopted

27

by the Pennsylvania Commission on Sentencing.

28

(7)  Age-related characteristics of the defendant,

29

including:

30

(i)  Age.

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1

(ii)  Mental capacity.

2

(iii)  Maturity.

3

(iv)  The degree of criminal sophistication exhibited

4

by the defendant.

5

(v)  The nature and extent of any prior delinquent or

6

criminal history, including the success or failure of any

7

previous attempts by the court to rehabilitate the

8

defendant.

9

(vi)  Probation or institutional reports.

10

(vii)  Other relevant factors.

11

(e)  Minimum sentence.--Nothing under this section shall

12

prevent the sentencing court from imposing a minimum sentence

13

greater than that provided in this section. Sentencing

14

guidelines promulgated by the Pennsylvania Commission on

15

Sentencing may not supersede the mandatory minimum sentences

16

provided under this section.

17

(f)  Appeal by Commonwealth.--If a sentencing court refuses

18

to apply this section where applicable, the Commonwealth shall

19

have the right to appellate review of the action of the

20

sentencing court. The appellate court shall vacate the sentence

21

and remand the case to the sentencing court for imposition of a

22

sentence in accordance with this section if it finds that the

23

sentence was imposed in violation of this section.

24

§ 6321.  Cyberbullying by minors.

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25

(a)  Offense defined.--A minor commits a misdemeanor of the

26

third degree if:

27

(1)  the minor knowingly transmits or disseminates any

28

electronic  communication, including a visual depiction of

29

himself or any other person in a state of nudity, to another

30

minor with the knowledge or intent that the communication 

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1

would coerce, intimidate, torment, harass or otherwise cause

2

emotional distress to the other minor; or

3

(2)  the minor does any of the following involving

4

another minor:

5

(i)  photographs, videotapes, depicts on a computer

6

or films the other minor in a state of nudity without the

7

person's knowledge or consent; or

8

(ii)  transmits, distributes, publishes or

9

disseminates a visual depiction of the other minor in a

10

state of nudity where the minor depicted has not given

11

consent or has withdrawn consent for the dissemination.

12

(b)  Seizure and forfeiture of electronic communication 

13

device.--An electronic communication device used in violation of

14

this section may be seized by and forfeited to the Commonwealth.

15

(c)  Definitions.--As used in this section, the following

16

words and phrases shall have the meanings given to them in this

17

subsection:

18

"Disseminate."  To cause or make an electronic communication

19

from one person, place or electronic communication device to two

20

or more persons, places or electronic communication devices.

21

"Electronic communication."  As defined in section 5702

22

(relating to definitions).

23

"Minor."  An individual under 18 years of age.

24

"Nudity."  The showing of the human male or female genitals,

25

pubic area or buttocks with less than a fully opaque covering,

26

the showing of the female breast with less than a fully opaque

27

covering of any portion thereof below the top of the nipple or

28

the depiction of covered male genitals in a discernibly turgid

29

state.

30

"Transmit."  To cause or make an electronic communication

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1

from one person, place or electronic communication device to

2

only one other person, place or electronic communication device.

3

"Visual depiction."  A photograph, videotape, film or

4

depiction on a computer. The term shall not include a

5

photograph, videotape, film or depiction on a computer, taken,

6

taped, filmed, made, produced, used or intended to be used, for

7

or in furtherance of a commercial purpose or to the transmission

8

or dissemination of such a visual depiction.

9

Section 2. Sections 9122(a)(3) and (d) and 9123(a) of Title

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10

18 are amended to read:

11

Section 3.  Section 9122(a)(3) and (d) of Title 18 are

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12

amended to read:

13

§ 9122.  Expungement.

14

(a)  Specific proceedings.--Criminal history record

15

information shall be expunged in a specific criminal proceeding

16

when:

17

* * *

18

(3)  a person 21 years of age or older who has been

19

convicted of a violation of section 6308 (relating to

20

purchase, consumption, possession or transportation of liquor

21

or malt or brewed beverages), which occurred on or after the

22

day the person attained 18 years of age, petitions the court

23

of common pleas in the county where the conviction occurred

24

seeking expungement and the person has satisfied all terms

25

and conditions of the sentence imposed for the violation,

26

including any suspension of operating privileges imposed

27

pursuant to section 6310.4 (relating to restriction of

28

operating privileges). Upon review of the petition, the court

29

shall order the expungement of all criminal history record

30

information and all administrative records of the Department

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1

of Transportation relating to said conviction.

2

* * *

3

(d)  Notice of expungement.--Notice of expungement shall

4

promptly be submitted to the central [respository] repository 

5

which shall notify all criminal justice agencies which have

6

received the criminal history record information to be expunged.

7

* * *

8

Section 4.  Section 9123(a) of Title 18, amended July 5, 2012

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9

(P.L.880, No.91), is amended to read:

10

§ 9123.  Juvenile records.

11

(a)  Expungement of juvenile records.--Notwithstanding the

12

provisions of section 9105 (relating to other criminal justice

13

information) and except upon cause shown as provided under

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14

subsection (a.1), expungement of records of juvenile delinquency

15

cases and cases involving summary offenses committed while the

16

individual was under 18 years of age, wherever kept or retained

17

shall occur after 30 days' notice to the district attorney,

18

whenever the court upon its own motion or upon the motion of a

19

child or the parents or guardian finds:

20

(1)  a complaint is filed which is not substantiated or

21

the petition which is filed as a result of a complaint is

22

dismissed by the court;

23

(1.1)  a written allegation is filed which was not

24

approved for prosecution;

25

(1.2)  six months have elapsed since the individual

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26

successfully completed an informal adjustment and no

27

proceeding seeking adjudication or conviction is pending;

28

(2)  six months have elapsed since the final discharge of

29

the person from supervision under a consent decree or

30

diversion program, including a program under 42 Pa.C.S. §

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1

1520 (relating to adjudication alternative program) and no

2

proceeding seeking adjudication or conviction is pending;

3

(2.1)  the individual is 18 years of age or older and six

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4

months have elapsed since the individual has satisfied all

5

terms and conditions of the sentence imposed following a

6

conviction for a summary offense, with the exception of a

7

violation of section 6308 (relating to purchase, consumption,

8

possession or transportation of liquor or malt or brewed

9

beverages), committed while the individual was under 18 years

10

of age and the individual has not been convicted of a felony,

11

misdemeanor or adjudicated delinquent and no proceeding is

12

pending to seek such conviction and adjudication;

13

(2.2)  the individual is 18 years of age or older and has

14

been convicted of a violation of section 6308 which occurred

15

while the individual was under 18 years of age and six months

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16

have elapsed since the individual has satisfied all terms and

17

conditions of the sentence imposed for the violation,

18

including any suspension of operating privileges imposed

19

under section 6310.4 (relating to restriction of operating

20

privileges). Expungement shall include all criminal history

21

record information and all administrative records of the

22

Department of Transportation relating to the conviction;

23

(3)  five years have elapsed since the final discharge of

24

the person from commitment, placement, probation or any other

25

disposition and referral and since such final discharge, the

26

person has not been convicted of a felony, misdemeanor or

27

adjudicated delinquent and no proceeding is pending seeking

28

such conviction or adjudication; or

29

(4)  [the individual is 18 years of age or older,] the

30

attorney for the Commonwealth consents to the expungement and

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1

a court orders the expungement after giving consideration to

2

the following factors:

3

(i)  the type of offense;

4

(ii)  the individual's age, history of employment,

5

criminal activity and drug or alcohol problems;

6

(iii)  adverse consequences that the individual may

7

suffer if the records are not expunged; and

8

(iv)  whether retention of the record is required for

9

purposes of protection of the public safety.

10

* * *

11

Section 4.1.  Title 18 is amended by adding a chapter to

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12

read:

13

CHAPTER 94

14

CRIME VICTIMS

15

Sec.

16

9401.  Definitions.

17

9402.  Office of the Victim Advocate.

18

§ 9401.  Definitions.

19

The following words and phrases when used in this chapter

20

shall have the meanings given to them in this section unless the

21

context clearly indicates otherwise:

22

"Crime Victims Act."  The act of November 24, 1998 (P.L.882,

23

No.111), known as the Crime Victims Act.

24

"Office of Victim Advocate."  The Office of Victim Advocate

25

established under section 302 of the Crimes Victims Act.

26

§ 9402.  Office of Victim Advocate.

27

The Office of Victim Advocate has the power and duty to

28

represent and advocate for the interests of individual crime

29

victims in accordance with section 302 of the Crime Victims Act,

30

and advocate for the interests of crime victims generally,

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1

including the victims of crimes committed by juveniles.

2

Section 3 5.  Section 6301(b) of Title 42 is amended to read:

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3

§ 6301.  Short title and purposes of chapter.

4

* * *

5

(b)  Purposes.--This chapter shall be interpreted and

6

construed as to effectuate the following purposes:

7

(1)  To preserve the unity of the family whenever

8

possible or to provide another alternative permanent family

9

when the unity of the family cannot be maintained.

10

(1.1)  To provide for the care, protection, safety and

11

wholesome mental and physical development of children coming

12

within the provisions of this chapter.

13

(2)  Consistent with the protection of the public

14

interest, to provide for children committing delinquent acts

15

programs of supervision, care and rehabilitation which

16

provide balanced attention to the protection of the

17

community, the imposition of accountability for offenses

18

committed and the development of competencies to enable

19

children to become responsible and productive members of the

20

community.

21

(3)  To achieve the foregoing purposes in a family

22

environment whenever possible, separating the child from

23

parents only when necessary for his welfare, safety or health

24

or in the interests of public safety[.], by doing all of the

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25

following:

26

(i)  employing evidence-based practices whenever

27

possible and, in the case of a delinquent child, by using

28

the least restrictive intervention that is consistent

29

with the protection of the community, the imposition of

30

accountability for offenses committed and the

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1

rehabilitation, supervision and treatment needs of the

2

child; and

3

(ii)  imposing confinement only if necessary and for

4

the minimum amount of time that is consistent with the

5

purposes under paragraphs (1), (1.1) and (2).

6

(4)  To provide means through which the provisions of

7

this chapter are executed and enforced and in which the

8

parties are assured a fair hearing and their constitutional

9

and other legal rights recognized and enforced.

10

(5)  To use the least restrictive sanctions consistent

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11

with the protection of the community and the rehabilitation 

12

needs of a delinquent child; and to use confinement as a last

13

resort and to impose it for the minimum amount of time that

14

is consistent with the protection of the public and the

15

rehabilitation needs of a delinquent child.

16

(6)  To employ whenever possible evidence-based

17

practices, with fidelity, at every stage of the juvenile

18

justice process.

19

Section 6.  Paragraph (7) of the definition of "dependent

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20

child" in section 6302 of Title 42 is amended to read:

21

§ 6302.  Definitions.

22

The following words and phrases when used in this chapter

23

shall have, unless the context clearly indicates otherwise, the

24

meanings given to them in this section:

25

* * *

26

"Dependent child."  A child who:

27

* * *

28

(7)  [is under the age of ten years and] has committed a

29

delinquent act or crime, other than a summary offense, while

30

under the age of ten years;

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1

* * *

2

Section 4 7.  Sections 6303, 6307 and 6336 of Title 42 are

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3

amended by adding subsections to read:

4

§ 6303.  Scope of chapter.

5

* * *

6

(c)  Summary offenses generally.--In addition to the

7

provisions of subsection (a)(5) and notwithstanding the

8

exclusion of summary offenses generally from the definition of

9

"delinquent act" under section 6302, the provisions of sections

10

6307 (relating to inspection of court files and records) and

11

6336(d) (relating to conduct of hearings), insofar as section

12

6336(d) relates to the exclusion of the general public from the

13

proceedings, shall apply to proceedings involving a child

14

charged with a summary offense when the proceedings are before a

15

judge of the minor judiciary.

16

§ 6307.  Inspection of court files and records.

17

* * *

18

(c)  Summary offenses.--The provisions of this section shall

19

apply to proceedings involving a child charged with a summary

20

offense when the proceedings are before a judge of the minor

21

judiciary.

22

§ 6336.  Conduct of hearings.

23

* * *

24

(g)  Summary offenses.--The provisions of subsection (d),

25

insofar as it relates to the exclusion of the general public

26

from the proceedings, shall apply to proceedings involving a

27

child charged with a summary offense when the proceedings are

28

before a judge of the minor judiciary.

29

(h)  Adjudication alternative.--The magisterial district

30

judge may refer a child charged with a summary offense to an

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1

adjudication alternative program under section 1520 (relating to

2

adjudication alternative program) and the Pennsylvania Rules of

3

Criminal Procedure.

4

Section 5 8.  Section 6337 of Title 42, amended April 9, 2012

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5

(P.L.223, No.23), is amended to read:

6

§ 6337.  Right to counsel.

7

(a)  Court to provide counsel.--

8

(1)  Except as provided in section 6311 (relating to

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9

guardian ad litem for child in court proceedings), a party is

10

entitled to representation by legal counsel at all stages of

11

any proceedings under this chapter and if he is without

12

financial resources or otherwise unable to employ counsel, to

13

have the court provide counsel for him.

14

(2)  If a party appears without counsel the court shall

15

ascertain whether he knows of his right thereto and to be

16

provided with counsel by the court if applicable. The court

17

may continue the proceeding to enable a party to obtain

18

counsel. [Counsel must be provided for a child unless his

19

parent, guardian, or custodian is present in court and

20

affirmatively waive it. However, the parent, guardian, or

21

custodian may not waive counsel for a child when their

22

interest may be in conflict with the interest or interests of

23

the child.]

24

(3)  If the interests of two or more parties may

25

conflict, separate counsel shall be provided for each of

26

them.

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27

(1)  Except as provided under this section and in section 

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28

6311 (relating to guardian ad litem for child in court

29

proceedings), a party is entitled to representation by legal

30

counsel at all stages of any proceedings under this chapter

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1

and if he is without financial resources or otherwise unable

2

to employ counsel, to have the court provide counsel for him.

3

(2)  If a party other than a child appears at a hearing 

4

without counsel the court shall ascertain whether he knows of

5

his right thereto and to be provided with counsel by the

6

court if applicable. The court may continue the proceeding to

7

enable a party to obtain counsel. [Except as provided under

8

section 6337.1 (relating to right to counsel for children in

9

dependency and delinquency proceedings), counsel must be

10

provided for a child.]

11

(3)  If the interests of two or more parties may

12

conflict, separate counsel shall be provided for each of

13

them.

14

(b)  Delinquency cases.--

15

(1)  In delinquency cases, all children are presumed

16

indigent. The presumption may be rebutted if the court

17

ascertains that the child has the financial resources to

18

retain counsel of his choice at his own expense.

19

(2)  The court shall not consider the financial resources

20

of the child's parent, guardian or custodian when

21

ascertaining whether the child has the financial resources to

22

retain counsel of his choice at his own expense.

23

Section 8.  Title 42 is amended by adding a section to read:

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24

§ 9711.1.  Sentencing for certain murders of infant persons.

25

(a)  Sentence enhancement.--The Pennsylvania Commission on

26

Sentencing, pursuant to section 2154 (relating to adoption of

27

guidelines for sentencing), shall provide for a sentencing

28

enhancement for an offense under 18 Pa.C.S. § 2502(c) (relating

29

to murder) when the victim was less than 13 years of age at the

30

time of the commission of the offense.

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1

(b)  Applicability.--The applicability of this section shall

2

be determined at sentencing. The court shall consider any

3

evidence presented at trial and shall determine, by

4

preponderance of the evidence, if this section is applicable.

5

(c)  Consecutive sentence.--A sentence imposed upon a person

6

to whom this section applies shall be served consecutively to

7

any other sentence the person is serving and to any other

8

sentence being then imposed by the court.

9

Section 9.  Section 9714(g) of Title 42, amended July 5, 2012

10

(P.L.1050, No.122), is amended to read:

11

§ 9714.  Sentences for second and subsequent offenses.

12

* * *

13

(g)  Definition.--As used in this section, the term "crime of

14

violence" means murder of the third degree, voluntary

15

manslaughter, manslaughter of a law enforcement officer as

16

defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal

17

homicide of law enforcement officer), murder of the third degree

18

involving an unborn child as defined in 18 Pa.C.S. § 2604(c)

19

(relating to murder of unborn child), aggravated assault of an

20

unborn child as defined in 18 Pa.C.S. § 2606 (relating to

21

aggravated assault of unborn child), aggravated assault as

22

defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to

23

aggravated assault), assault of law enforcement officer as

24

defined in 18 Pa.C.S. § 2702.1 (relating to assault of law

25

enforcement officer), use of weapons of mass destruction as

26

defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass

27

destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)

28

(relating to terrorism), trafficking of persons when the offense

29

is graded as a felony of the first degree as provided in 18

30

Pa.C.S. § 3002 (relating to trafficking of persons), rape,

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1

involuntary deviate sexual intercourse, aggravated indecent

2

assault, incest, sexual assault, arson as defined in 18 Pa.C.S.

3

§ 3301(a) (relating to arson and related offenses), ecoterrorism

4

as [defined] classified in 18 Pa.C.S. § [3311(b)(2)] 3311(b)(3) 

5

(relating to ecoterrorism), kidnapping, burglary as defined in

6

18 Pa.C.S. § 3502(a)(1) (relating to burglary), robbery as

7

defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating

8

to robbery), or robbery of a motor vehicle, drug delivery

9

resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating

10

to drug delivery resulting in death), or criminal attempt,

11

criminal conspiracy or criminal solicitation to commit murder or

12

any of the offenses listed above, or an equivalent crime under

13

the laws of this Commonwealth in effect at the time of the

14

commission of that offense or an equivalent crime in another

15

jurisdiction.

16

Section 9 10.  Section 6139(a) of Title 61 is amended by

<--

17

adding a paragraph paragraphs to read:

<--

18

§ 6139.  Parole procedure.

19

(a)  Specific requirements.--

20

* * *

21

(3.1)  Notwithstanding paragraphs (2) and (3), the board

22

shall not be required to consider nor dispose of an

23

application by an inmate or an inmate's attorney in the case

24

of an inmate sentenced under 18 Pa.C.S. § 1102.1 (relating to

25

sentence of persons under the age of 18 for murder, murder of

26

an unborn child and murder of a law enforcement officer) if a

27

parole decision has been issued by the board within five

28

years of the date of the current application.

29

(3.2)  Nothing under this section shall be interpreted as

<--

30

granting a right to be paroled to any person, and a decision

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1

by the board and its designees relating to a person sentenced

2

under 18 Pa.C.S. § 1102.1 may not be considered an

3

adjudication under 2 Pa.C.S. Chs. 5 Subch. A (relating to

4

practice and procedure of Commonwealth agencies and 7 Subch.

5

A (relating to judicial review of Commonwealth agency

6

action).

7

* * *

8

Section 6 10 11.  This act shall take effect as follows:

<--

9

(1)  The addition of 42 Pa.C.S. §§ 6303(c), 6307(c) and

10

6336(g) and (h) shall take effect in 90 days.

11

(2)  The amendment of 42 Pa.C.S. § 6337 shall take effect

<--

12

immediately.

13

(3)  This section shall take effect immediately.

14

(2)  The following provisions shall take effect

<--

15

immediately:

16

(i)  The amendment of 18 Pa.C.S. § 1102(a)(1) and

17

(b).

18

(ii)  The addition of 18 Pa.C.S. § 1102.1.

19

(iii)  The amendment of paragraph (7) of the

20

definition of "dependent child" in 42 Pa.C.S. § 6302.

21

(iv)  The amendment of 42 Pa.C.S. § 6337.

<--

22

(v) (iv)  The addition of 61 Pa.C.S. § 6139(a)(3.1). 

<--

23

(vi) (v)  This section.

<--

24

(4) (3)  The remainder of this act shall take effect in

<--

25

60 days.

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