PRINTER'S NO. 233

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 251 Session of 1995


        INTRODUCED BY DEMPSEY, DeWEESE, FAIRCHILD, TRELLO, PHILLIPS,
           CLYMER, PICCOLA, STABACK, GEIST, SCHULER, REBER, FAJT,
           BELFANTI, STERN, MICOZZIE, FEESE, CIVERA, READSHAW, MELIO AND
           HENNESSEY, JANUARY 24, 1995

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 1995

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for retail
     3     theft dispositions for minors.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 9729.1.  Retail theft dispositions for minors.
     9     (a)  General rule.--In a prosecution under 18 Pa.C.S. §
    10  3929(b)(1)(i) or (iii) (relating to retail theft), the court
    11  may, in lieu of further proceedings, permit an eligible offender
    12  to complete a program on values education approved by the court
    13  of common pleas in the judicial district. An eligible offender
    14  shall not be required to plead guilty or no contest to be
    15  accepted into the program.
    16     (b)  Effect.--Acceptance into a values program under
    17  subsection (a) shall be considered a first offense for purposes


     1  of grading subsequent offenses under 18 Pa.C.S. § 3929(b).
     2     (c)  Definitions.--As used in this section, the term
     3  "eligible offender" means an offender who:
     4         (1)  is under 16 years of age; and
     5         (2)  has not previously received disposition under this
     6     section.
     7     Section 2.  The addition of 42 Pa.C.S. § 9729.1 shall apply
     8  to prosecutions initiated on or after the effective date of this
     9  act.
    10     Section 3.  This act shall take effect in 60 days.














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