PRINTER'S NO. 3359
No. 2604 Session of 1994
INTRODUCED BY PICCOLA, DEMPSEY, FARGO, GIGLIOTTI, NICKOL, VANCE,
CLARK, CONTI, LAUB, JADLOWIEC, ULIANA, TRUE, FARMER, CESSAR,
GERLACH, JAROLIN, WOGAN, HENNESSEY, BOYES, GODSHALL, DeLUCA,
CARONE, MELIO, NYCE, NAILOR, KING, PITTS, L. I. COHEN, STEIL,
SAURMAN, ZUG, TULLI, MICOZZIE, FLICK, BUNT, CLYMER, HARLEY,
J. TAYLOR, STABACK, WAUGH, E. Z. TAYLOR, PLATTS, RUDY,
SCHEETZ, MARSICO, STEELMAN, DRUCE, MERRY, GEIST, TOMLINSON
AND PETTIT, MARCH 16, 1994
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 1994
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further defining "child"
3 and "dangerous juvenile offender"; and further providing for
4 delinquent children and place of commitment.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "child" and "dangerous
8 juvenile offender" in section 6302 of Title 42 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 6302. Definitions.
11 The following words and phrases when used in this chapter
12 shall have, unless the context clearly indicates otherwise, the
13 meanings given to them in this section:
14 "Child." An individual who:
15 (1) is under the age of 18 years;
16 (2) is under the age of 21 years who committed an act of
1 delinquency before reaching the age of 18 years;
2 notwithstanding this definition, the court shall have the
3 authority to commit dangerous juvenile offenders to
4 facilities beyond the age of 21; or
5 (3) was adjudicated dependent before reaching the age of
6 18 years and who, while engaged in a course of instruction or
7 treatment, requests the court to retain jurisdiction until
8 the course has been completed, but in no event shall a child
9 remain in a course of instruction or treatment past the age
10 of 21 years.
11 * * *
12 "Dangerous juvenile offender." A child who has been
13 determined by the court to meet all of the following
14 requirements:
15 (1) Is [15] 13 years of age or older.
16 (2) Has been adjudicated delinquent for one or more of
17 the following offenses:
18 (i) Attempted murder.
19 (ii) Voluntary manslaughter.
20 (iii) Rape.
21 (iv) Involuntary deviate sexual intercourse.
22 (v) Kidnapping.
23 (vi) Robbery as defined in 18 Pa.C.S. §
24 3701(a)(1)(i), (ii) [or (iii)], (iii) or (iv) (relating
25 to robbery).
26 (vii) Felonious aggravated assault as defined in 18
27 Pa.C.S. § 2702 (relating to aggravated assault).
28 (viii) Aggravated assault with a deadly weapon.
29 (ix) Arson as defined in 18 Pa.C.S. § 3301(a)
30 (relating to arson and related offenses).
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1 (x) Felony violation of the act of April 14, 1972
2 (P.L.233, No.64), known as The Controlled Substance,
3 Drug, Device and Cosmetic Act.
4 (xi) Trafficking drugs to minors under 18 Pa.C.S. §
5 6314 (relating to sentencing and penalties for
6 trafficking drugs to minors).
7 (xii) Aggravated indecent assault.
8 (xiii) Violation of the Pennsylvania Uniform
9 Firearms Act, 18 Pa.C.S. Ch. 61 (relating to firearms and
10 other dangerous articles).
11 (3) Has been previously adjudicated delinquent
12 [subsequent to the child's 12th birthday] for one or more of
13 the following offenses:
14 (i) Attempted murder.
15 (ii) Voluntary manslaughter.
16 (iii) Rape.
17 (iv) Involuntary deviate sexual intercourse.
18 (v) Kidnapping.
19 (vi) Robbery as defined in 18 Pa.C.S. §
20 3701(a)(1)(i), (ii) [or (iii)], (iii) or (iv) (relating
21 to robbery).
22 (vii) Felonious aggravated assault as defined in 18
23 Pa.C.S. § 2702 (relating to aggravated assault).
24 (viii) Aggravated assault with a deadly weapon.
25 (ix) Arson as defined in 18 Pa.C.S. § 3301(a)
26 (relating to arson and related offenses).
27 (x) Felony violation of the act of April 14, 1972
28 (P.L.233, No.64), known as The Controlled Substance,
29 Drug, Device and Cosmetic Act.
30 (xi) Trafficking drugs to minors under 18 Pa.C.S. §
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1 6314 (relating to sentencing and penalties for
2 trafficking drugs to minors).
3 (xii) Aggravated indecent assault.
4 (xiii) Violation of the Pennsylvania Uniform
5 Firearms Act, 18 Pa.C.S. Ch. 61 (relating to firearms and
6 other dangerous articles).
7 An adjudication for an offense arising from the same criminal
8 episode as the offense considered under paragraph (2) shall
9 not be considered an adjudication for the purpose of this
10 paragraph.
11 * * *
12 Section 2. Section 6352 of Title 42 is amended by adding a
13 subsection to read:
14 § 6352. Disposition of delinquent child.
15 * * *
16 (c) Dangerous juvenile offenders.--The authority of the
17 court to retain jurisdiction of a dangerous juvenile offender
18 shall extend beyond the age of 21 until the expiration of the
19 period of commitment ordered by the court. In no case shall the
20 offender be committed beyond the age of 24.
21 Section 3. Section 6353(a) of Title 42 is amended to read:
22 § 6353. Limitation on and change in place of commitment.
23 (a) General rule.--No child shall initially be committed to
24 an institution for a period longer than four years or a period
25 longer than he could have been sentenced by the court if he had
26 been convicted of the same offense as an adult, whichever is
27 less. However, the court shall have the authority to commit a
28 dangerous juvenile offender beyond the age of 21 pursuant to
29 section 6352 (relating to disposition of delinquent child). The
30 initial commitment may be extended for a similar period of time,
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1 or modified, if the court finds after hearing that the extension
2 or modification will effectuate the original purpose for which
3 the order was entered. The child shall have notice of the
4 extension or modification hearing and shall be given an
5 opportunity to be heard. The committing court shall review each
6 commitment every six months and shall hold a disposition review
7 hearing at least every nine months.
8 * * *
9 Section 4. This act shall take effect in 60 days.
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