PRINTER'S NO. 2039
No. 1664 Session of 1999
INTRODUCED BY MARSICO, CIVERA, HARHAI, R. MILLER, STEELMAN,
STERN, E. Z. TAYLOR, J. TAYLOR, TRELLO AND WOGAN,
JUNE 15, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 15, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 release or holding of hearing in certain juvenile matters.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6335(a) and (f) of Title 42 of the
7 Pennsylvania Consolidated Statutes, amended December 15, 1998
8 (P.L.949, No.126), are amended to read:
9 § 6335. Release or holding of hearing.
10 (a) General rule.--After the petition has been filed
11 alleging the child to be dependent or delinquent, the court
12 shall fix a time for hearing thereon, which, if the child is in
13 detention or shelter care shall not be later than [ten] 20 days
14 after the filing of the petition. Except as provided in
15 subsection (f), if the hearing is not held within such time, the
16 child shall be immediately released from detention or shelter
17 care. A child may be detained or kept in shelter care for an
18 additional single period not to exceed ten days where:
1 (1) the court determines at a hearing that:
2 (i) evidence material to the case is unavailable;
3 (ii) due diligence to obtain such evidence has been
4 exercised; and
5 (iii) there are reasonable grounds to believe that
6 such evidence will be available at a later date; and
7 (2) the court finds by clear and convincing evidence
8 that:
9 (i) the life of the child would be in danger;
10 (ii) the community would be exposed to a specific
11 danger; or
12 (iii) the child will abscond or be removed from the
13 jurisdiction of the court.
14 The court shall direct the issuance of a summons to the parents,
15 guardian, or other custodian, a guardian ad litem, and any other
16 persons as appear to the court to be proper or necessary parties
17 to the proceeding, requiring them to appear before the court at
18 the time fixed to answer the allegations of the petition. The
19 summons shall also be directed to the child if he is 14 or more
20 years of age or is alleged to be a delinquent. A copy of the
21 petition shall accompany the summons.
22 * * *
23 (f) Limitations on release.--The child shall not be released
24 from detention or shelter care under authority of subsection (a)
25 if the failure to hold a hearing within [ten] 20 days after the
26 filing of the petition is the result of delay caused by the
27 child. Delay caused by the child shall include, but not be
28 limited to:
29 (1) Delay caused by the unavailability of the child or
30 his attorney.
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1 (2) Delay caused by any continuance granted at the
2 request of the child or his attorney.
3 (3) Delay caused by the unavailability of a witness
4 resulting from conduct by or on behalf of the child.
5 At the conclusion of any court proceeding in which the scheduled
6 hearing is not held, the court shall state on the record whether
7 the failure to hold the hearing resulted from delay caused by
8 the child. Where the court determines that failure to hold a
9 hearing is the result of delay caused by the child, the child
10 may continue to be held in detention or shelter care. However,
11 the additional period of detention shall not exceed ten days,
12 provided that such detention may be continued by the court for
13 successive ten-day intervals.
14 Section 2. This act shall take effect in 60 days.
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