PRINTER'S NO. 3878
No. 2773 Session of 1990
INTRODUCED BY HAGARTY, BLAUM, PICCOLA, McHALE, HECKLER, RITTER,
WOGAN, D. F. CLARK, BATTISTO, GODSHALL, DEMPSEY, F. TAYLOR,
NAHILL, CHADWICK, FOX, SEMMEL, GRUPPO, STISH, BUSH, JOHNSON,
CLYMER, MARSICO, MERRY, E. Z. TAYLOR, SAURMAN, MAIALE,
DIETTERICK, NAILOR, HERMAN AND BELARDI, JUNE 27, 1990
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 27, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 delays in relation to certain juvenile hearings.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6335(f) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6335. Release or holding of hearing.
9 * * *
10 (f) Limitations on release.--The child shall not be released
11 from detention or shelter care under authority of subsection (a)
12 if the failure to hold a hearing within ten days after the
13 filing of the petition is the result of delay caused by the
14 child. Delay [shall be deemed to be] caused by the child [if it
15 results from any one of the following] shall include, but not be
16 limited to:
17 (1) [The] Delay caused by the unavailability of the
1 child or his attorney.
2 (2) [Any] Delay caused by any continuance granted at the
3 request of the child or his attorney.
4 (3) Delay caused by the unavailability of a witness
5 resulting from conduct by or on behalf of the child.
6 At the conclusion of any court proceeding in which the scheduled
7 hearing is not held, the court shall state on the record whether
8 the failure to hold the hearing resulted from delay caused by
9 the child.
10 Section 2. This act shall take effect immediately.
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