PRINTER'S NO. 720
No. 652 Session of 1989
INTRODUCED BY B. SMITH, CALTAGIRONE, BOWLEY, PETRONE, FAIRCHILD,
BOYES, FLEAGLE, BARLEY, HERMAN, CARN, McVERRY, JACKSON, COY,
TIGUE, BLAUM, DISTLER, WAMBACH, MILLER, SAURMAN, NAHILL,
CARLSON, MOEHLMANN, FOX, DeLUCA, NOYE, HERSHEY, PHILLIPS,
FOSTER, LaGROTTA, G. SNYDER, DEMPSEY, BUNT, J. L. WRIGHT,
RYBAK, VROON, COWELL, BROUJOS, SCHEETZ, MICHLOVIC, KASUNIC,
BISHOP, HESS, FARGO, DORR, RITTER, CAPPABIANCA, BATTISTO,
BURD, HECKLER, GODSHALL, VEON, TRELLO, LASHINGER, STEIGHNER,
COLAFELLA, SERAFINI, ALLEN, BIRMELIN, MELIO, BELARDI,
ROBINSON, HASAY, MERRY, HALUSKA, DIETTERICK, S. H. SMITH,
MAIALE, CORRIGAN, GEIST, LEVDANSKY, ANGSTADT, CIVERA, SEMMEL,
SCHULER, ADOLPH, FARMER, MORRIS, HAGARTY, CORNELL, STABACK,
MARSICO, CLYMER, LINTON, ROBBINS, GRUPPO, ACOSTA, REBER,
ARGALL, WOZNIAK, OLIVER, OLASZ, LANGTRY, RAYMOND, LETTERMAN,
MOWERY, JOHNSON, E. Z. TAYLOR, CHADWICK, PICCOLA, MRKONIC,
D. W. SNYDER, ITKIN, PITTS, LEE, RICHARDSON, WILSON, HAYES,
CESSAR, BORTNER, YANDRISEVITS, FLICK, TELEK, BLACK,
JADLOWIEC, KOSINSKI, PETRARCA, MAYERNIK, BELFANTI, BRANDT AND
NAILOR, MARCH 6, 1989
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 juvenile appearances before district justices.
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 § 1522. Notice of summary cases involving juveniles.
9 (a) General rule.--Whenever an individual who is under 18
10 years of age and is not emancipated is charged with a summary
1 offense for which jurisdiction is vested in a district justice
2 under section 1515 (relating to jurisdiction and venue), the
3 district justice shall mail a copy of the citation, or other
4 appropriate written notification, to the parents or legal
5 guardians of the individual at the time of the filing of the
6 citation if the parents or legal guardians have not been
7 previously notified by the police. Where the individual is not
8 residing with a parent or legal guardian, the copy of the
9 citation, or other appropriate written notification, shall be
10 sent to the person with whom the individual resides if a
11 verifiable address is available. In such cases a district
12 justice shall not accept a plea or schedule a hearing before 72
13 hours has lapsed from the time of the mailing of the notice as
14 required under this section. Failure to provide notice under
15 this section shall not constitute grounds for dismissal of the
16 summary offense.
17 (b) Vehicle offenses.--Nothing in this section shall apply
18 to violations of Title 75 (relating to vehicles), except for 75
19 Pa.C.S. § 1543 (relating to driving while operating privilege is
20 suspended or revoked).
21 (c) Identification of juveniles.--Pennsylvania State Police
22 and local police shall assist district justices in complying
23 with the requirements of this section by indicating, through
24 conspicuous notation on citations, that the offense was
25 committed by a juvenile.
26 Section 2. This act shall take effect in 60 days.
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