PRINTER'S NO. 683

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 644 Session of 1999

        INTRODUCED BY HARHART, BARLEY, BROWNE, LEH, BARD, BELARDI,
           CHADWICK, CIVERA, CLARK, CLYMER, M. COHEN, CORRIGAN,
           GIGLIOTTI, GLADECK, GRUCELA, HARHAI, MAHER, MARSICO, MELIO,
           S. MILLER, PLATTS, ROSS, RUBLEY, SAINATO, SEYFERT, STERN,
           STEVENSON, E. Z. TAYLOR, WILLIAMS AND ZUG, MARCH 2, 1999

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 1999

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     disposition of delinquent children.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6352 of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a subsection to read:
     8  § 6352.  Disposition of delinquent child.
     9     * * *
    10     (c)  Possession of firearm or explosive device on school
    11  property.--
    12         (1)  Where a child has been adjudicated delinquent for
    13     the offense of possession of a firearm or explosive device on
    14     school property under 18 Pa.C.S. § 912 (relating to
    15     possession of weapon on school property), the court shall
    16     make an order of disposition committing the child pursuant to
    17     subsection (a)(2), (3) or (4) for at least one year,

     1     notwithstanding any other provision of this title or other
     2     statute to the contrary.
     3         (2)  There shall be no authority for a court to impose on
     4     a child to which this subsection is applicable a lesser order
     5     of disposition than provided for in paragraph (1) or to
     6     suspend the order of disposition. Nothing in this section
     7     shall prevent the court from making an order or disposition
     8     greater than that provided in paragraph (1).
     9         (3)  If a court refuses to apply paragraph (1) where
    10     applicable, the Commonwealth shall have the right to
    11     appellate review of the action of the court. The appellate
    12     court shall vacate the disposition and remand to the court
    13     for imposition of a disposition in accordance with this
    14     section if it finds that the disposition was imposed in
    15     violation of paragraph (1).
    16     Section 2.  This act shall take effect in 60 days.










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