HOUSE AMENDED
PRIOR PRINTER'S NO. 10 PRINTER'S NO. 83
No. 10 Special Session No. 1 of 1995
INTRODUCED BY GERLACH, GREENLEAF, FISHER, O'PAKE, SHAFFER,
BRIGHTBILL, LEMMOND, HECKLER, WILLIAMS, ANDREZESKI, FUMO,
WAGNER, JUBELIRER, LOEPER, MELLOW, BODACK, SALVATORE, WENGER,
CORMAN, PETERSON, BELAN, STOUT, STAPLETON, BELL, HOLL, MUSTO,
TOMLINSON, ULIANA, DELP, SCHWARTZ, LAVALLE, BAKER, MOWERY,
ARMSTRONG, MADIGAN, PUNT, HART, SHUMAKER, RHOADES, ROBBINS,
PORTERFIELD, STEWART, DAWIDA, TARTAGLIONE AND KASUNIC,
JANUARY 24, 1995
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 14, 1995
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for law
3 enforcement records, juvenile history record information and
4 adjudications involving certain children.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 6302, 6308, 6309 and 6341(a) of Title 42 <--
8 of the Pennsylvania Consolidated Statutes are amended to read:
9 § 6302. DEFINITIONS. <--
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
11 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
12 MEANINGS GIVEN TO THEM IN THIS SECTION:
13 "CHILD." AN INDIVIDUAL WHO:
14 (1) IS UNDER THE AGE OF 18 YEARS;
15 (2) IS UNDER THE AGE OF 21 YEARS WHO COMMITTED AN ACT OF
1 DELINQUENCY BEFORE REACHING THE AGE OF 18 YEARS; OR
2 (3) WAS ADJUDICATED DEPENDENT BEFORE REACHING THE AGE OF
3 18 YEARS AND WHO, WHILE ENGAGED IN A COURSE OF INSTRUCTION OR
4 TREATMENT, REQUESTS THE COURT TO RETAIN JURISDICTION UNTIL
5 THE COURSE HAS BEEN COMPLETED, BUT IN NO EVENT SHALL A CHILD
6 REMAIN IN A COURSE OF INSTRUCTION OR TREATMENT PAST THE AGE
7 OF 21 YEARS.
8 "COURT." THE COURT OF COMMON PLEAS.
9 "CUSTODIAN." A PERSON OTHER THAN A PARENT OR LEGAL GUARDIAN,
10 WHO STANDS IN LOCO PARENTIS TO THE CHILD, OR A PERSON TO WHOM
11 LEGAL CUSTODY OF THE CHILD HAS BEEN GIVEN BY ORDER OF A COURT.
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 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) (RELATING TO ROBBERY).
25 (VII) FELONIOUS AGGRAVATED ASSAULT AS DEFINED IN 18
26 PA.C.S. § 2702 (RELATING TO AGGRAVATED ASSAULT).
27 (VIII) AGGRAVATED ASSAULT WITH A DEADLY WEAPON.
28 (IX) ARSON AS DEFINED IN 18 PA.C.S. § 3301(A)
29 (RELATING TO ARSON AND RELATED OFFENSES).
30 (3) HAS BEEN PREVIOUSLY ADJUDICATED DELINQUENT
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1 SUBSEQUENT TO THE CHILD'S 12TH BIRTHDAY FOR ONE OR MORE OF
2 THE FOLLOWING OFFENSES:
3 (I) ATTEMPTED MURDER.
4 (II) VOLUNTARY MANSLAUGHTER.
5 (III) RAPE.
6 (IV) INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
7 (V) KIDNAPPING.
8 (VI) ROBBERY AS DEFINED IN 18 PA.C.S. §
9 3701(A)(1)(I), (II) OR (III) (RELATING TO ROBBERY).
10 (VII) FELONIOUS AGGRAVATED ASSAULT AS DEFINED IN 18
11 PA.C.S. § 2702 (RELATING TO AGGRAVATED ASSAULT).
12 (VIII) AGGRAVATED ASSAULT WITH A DEADLY WEAPON.
13 (IX) ARSON AS DEFINED IN 18 PA.C.S. § 3301(A)
14 (RELATING TO ARSON AND RELATED OFFENSES).
15 AN ADJUDICATION FOR AN OFFENSE ARISING FROM THE SAME CRIMINAL
16 EPISODE AS THE OFFENSE CONSIDERED UNDER PARAGRAPH (2) SHALL
17 NOT BE CONSIDERED AN ADJUDICATION FOR THE PURPOSE OF THIS
18 PARAGRAPH.]
19 "DELINQUENT ACT."
20 (1) THE TERM MEANS AN ACT DESIGNATED A CRIME UNDER THE
21 LAW OF THIS COMMONWEALTH, OR OF ANOTHER STATE IF THE ACT
22 OCCURRED IN THAT STATE, OR UNDER FEDERAL LAW, OR UNDER LOCAL
23 ORDINANCES.
24 (2) THE TERM SHALL NOT INCLUDE:
25 (I) THE CRIME OF MURDER.
26 (II) SUMMARY OFFENSES, UNLESS THE CHILD FAILS TO
27 COMPLY WITH A LAWFUL SENTENCE IMPOSED THEREUNDER, IN
28 WHICH EVENT NOTICE OF SUCH FACT SHALL BE CERTIFIED TO THE
29 COURT.
30 (III) A CRIME COMMITTED BY A CHILD WHO HAS BEEN
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1 FOUND GUILTY IN A CRIMINAL PROCEEDING FOR OTHER THAN A
2 SUMMARY OFFENSE.
3 "DELINQUENT CHILD." A CHILD TEN YEARS OF AGE OR OLDER WHOM
4 THE COURT HAS FOUND TO HAVE COMMITTED A DELINQUENT ACT AND IS IN
5 NEED OF TREATMENT, SUPERVISION OR REHABILITATION.
6 "DEPENDENT CHILD." A CHILD WHO:
7 (1) IS WITHOUT PROPER PARENTAL CARE OR CONTROL,
8 SUBSISTENCE, EDUCATION AS REQUIRED BY LAW, OR OTHER CARE OR
9 CONTROL NECESSARY FOR HIS PHYSICAL, MENTAL, OR EMOTIONAL
10 HEALTH, OR MORALS;
11 (2) HAS BEEN PLACED FOR CARE OR ADOPTION IN VIOLATION OF
12 LAW;
13 (3) HAS BEEN ABANDONED BY HIS PARENTS, GUARDIAN, OR
14 OTHER CUSTODIAN;
15 (4) IS WITHOUT A PARENT, GUARDIAN, OR LEGAL CUSTODIAN;
16 (5) WHILE SUBJECT TO COMPULSORY SCHOOL ATTENDANCE IS
17 HABITUALLY AND WITHOUT JUSTIFICATION TRUANT FROM SCHOOL;
18 (6) HAS COMMITTED A SPECIFIC ACT OR ACTS OF HABITUAL
19 DISOBEDIENCE OF THE REASONABLE AND LAWFUL COMMANDS OF HIS
20 PARENT, GUARDIAN OR OTHER CUSTODIAN AND WHO IS UNGOVERNABLE
21 AND FOUND TO BE IN NEED OF CARE, TREATMENT OR SUPERVISION;
22 (7) IS UNDER THE AGE OF TEN YEARS AND HAS COMMITTED A
23 DELINQUENT ACT;
24 (8) HAS BEEN FORMERLY ADJUDICATED DEPENDENT, AND IS
25 UNDER THE JURISDICTION OF THE COURT, SUBJECT TO ITS
26 CONDITIONS OR PLACEMENTS AND WHO COMMITS AN ACT WHICH IS
27 DEFINED AS UNGOVERNABLE IN PARAGRAPH (6); OR
28 (9) HAS BEEN REFERRED PURSUANT TO SECTION 6323 (RELATING
29 TO INFORMAL ADJUSTMENT), AND WHO COMMITS AN ACT WHICH IS
30 DEFINED AS UNGOVERNABLE IN PARAGRAPH (6).
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1 "PROTECTIVE SUPERVISION." SUPERVISION ORDERED BY THE COURT
2 OF CHILDREN FOUND TO BE DEPENDENT.
3 "SHELTER CARE." TEMPORARY CARE OF A CHILD IN PHYSICALLY
4 UNRESTRICTED FACILITIES.
5 § 6308. Law enforcement records.
6 (a) General rule.--[Except as provided in section 6309
7 (relating to juvenile history record information), the law] Law
8 enforcement records and files concerning a child shall be kept
9 separate from the records and files of arrests of adults. Unless
10 a charge of delinquency is transferred for criminal prosecution
11 under section 6355 (relating to transfer to criminal
12 proceedings), the interest of national security requires, or the
13 court otherwise orders in the interest of the child, the records
14 and files shall not be open to public inspection or their
15 contents disclosed to the public except as provided in
16 subsection (b); but inspection of the records and files is
17 permitted by:
18 (1) The court having the child before it in any
19 proceeding.
20 (2) Counsel for a party to the proceeding.
21 (3) The officers of institutions or agencies to whom the
22 child is committed.
23 (4) Law enforcement officers of other jurisdictions when
24 necessary for the discharge of their official duties.
25 (5) A court in which the child is convicted of a
26 criminal offense for the purpose of a presentence report or
27 other dispositional proceeding, or by officials of penal
28 institutions and other penal facilities to which he is
29 committed, or by a parole board in considering his parole or
30 discharge or in exercising supervision over him.
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1 (b) Public availability.--
2 (1) The contents of law enforcement records and files
3 concerning a child shall not be disclosed to the public
4 except if the child is 14 or more years of age at the time of
5 the alleged conduct and if any of the following apply:
6 (i) The child has been adjudicated delinquent by a
7 court as a result of an act or acts which include the
8 elements of rape, kidnapping, murder, robbery, arson,
9 burglary, violation of section 13(a)(30) of the act of
10 April 14, 1972 (P.L.233, No.64), known as The Controlled
11 Substance, Drug, Device and Cosmetic Act, or other act
12 involving the use of or threat of serious bodily harm.
13 (ii) A petition alleging delinquency has been filed
14 by a law enforcement agency alleging that the child has
15 committed an act or acts which include the elements of
16 rape, kidnapping, murder, robbery, arson, burglary,
17 violation of section 13(a)(30) of The Controlled
18 Substance, Drug, Device and Cosmetic Act, or other act
19 involving the use of or threat of serious bodily harm and
20 the child previously has been adjudicated delinquent by a
21 court as a result of an act or acts which included the
22 elements of one of such crimes.
23 [(iii) The child is a dangerous juvenile offender.]
24 (2) If the conduct of the child meets the requirements
25 for disclosure as set forth in paragraph (1), then the court
26 or law enforcement agency, as the case may be, shall disclose
27 the name, age and address of the child, the offenses charged
28 and the disposition of the case. The master or judge who
29 adjudicates a child delinquent shall specify the particular
30 offenses and counts thereof which the child is found to have
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1 committed and such information shall be inserted on any law
2 enforcement records or files disclosed to the public as
3 provided for in this section.
4 (c) Fingerprints and photographs.--
5 (1) Law enforcement officers shall have the authority to
6 take or cause to be taken the fingerprints or photographs, or
7 both, of any child who is alleged to have committed [a
8 delinquent act that, but for the application of this chapter,
9 would constitute a felony or a violation of 18 Pa.C.S. Ch. 61
10 Subch. A (relating to uniform firearms act).] an act
11 designated as a misdemeanor or felony under the laws of this
12 Commonwealth or of another state if the act occurred in that
13 state or under Federal law.
14 (2) Fingerprint and photographic records may be
15 disseminated to law enforcement officers of other
16 jurisdictions, the Pennsylvania State Police and the Federal
17 Bureau of Investigation [if a child has, on the basis of a
18 felony or a violation of 18 Pa.C.S. Ch. 61 Subch. A, been
19 adjudicated delinquent or found guilty in a criminal
20 proceeding.] and may be used for investigative purposes.
21 (3) Fingerprints and photographic records of children
22 shall be kept separately from adults and shall be immediately
23 destroyed upon notice of the court as provided under section
24 6341(a) (relating to adjudication) by all persons and
25 agencies having these records if the child is not adjudicated
26 delinquent or not found guilty in a criminal proceeding for
27 reason of the alleged acts.
28 § 6309. Juvenile history record information.
29 (a) Applicability of Criminal History Record Information
30 Act.--Except for 18 Pa.C.S. §§ 9105 (relating to other criminal
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1 justice information), 9112(a) and (b) (relating to mandatory
2 fingerprinting) and 9113 (relating to disposition reporting by
3 criminal justice agencies), the remaining provisions of 18
4 Pa.C.S. Ch. 91 (relating to criminal history record information)
5 shall apply to all [dangerous juvenile offenders] alleged
6 delinquents whose fingerprints and photographs are taken
7 pursuant to section 6308(c) (relating to law enforcement
8 records) and to any juvenile justice agency which collects,
9 maintains, disseminates or receives juvenile history record
10 information.
11 (b) Central repository.--The Pennsylvania State Police shall
12 establish a Statewide central repository of fingerprints,
13 photographs and juvenile history record information of
14 [dangerous juvenile offenders] alleged delinquents whose
15 fingerprints and photographs are taken pursuant to section
16 6308(c). [This repository may be combined with a repository of
17 similar information on adult offenders, as provided in 18
18 Pa.C.S. Ch. 91.]
19 (c) Fingerprints and photographs.--The [court of proper
20 jurisdiction] arresting authority shall ensure that the
21 fingerprints and photographs of a [dangerous juvenile offender]
22 alleged delinquent whose fingerprints and photographs which have
23 been taken by an arresting authority pursuant to section 6308(c)
24 are forwarded to the central repository. [within 48 hours after
25 a dangerous juvenile offender has been adjudicated delinquent.
26 (d) Disposition reporting.--The division or judge of the
27 court assigned to conduct juvenile hearings shall collect and
28 submit juvenile history record information to the central
29 repository within 90 days of an adjudication of delinquency. The
30 division or judge of the court assigned to conduct juvenile
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1 hearings shall continually update juvenile history record
2 information as required by the Juvenile Court Judges'
3 Commission.]
4 (e) Definitions.--As used in this section the following
5 words and phrases shall have the meanings given to them in this
6 subsection:
7 "Criminal history record information." In addition to the
8 meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
9 includes the meaning of juvenile history record information as
10 defined in this subsection.
11 "Juvenile history record information." Information collected
12 pursuant to this section concerning [dangerous juvenile
13 offenders] alleged delinquents whose fingerprints and
14 photographs are taken pursuant to section 6308(c) and arising
15 from the filing of a petition of delinquency, consisting of
16 identifiable descriptions, dates and notations of arrests,
17 indictments, information or other delinquency charges and any
18 adjudication of delinquency, informal adjustment, consent decree
19 or preadjudication disposition other than dismissal arising
20 therefrom. Juvenile history record information shall not include
21 intelligence information, investigative information, treatment
22 information, including medical and psychiatric information,
23 caution indicator information, modus operandi information,
24 wanted persons information, stolen property information, missing
25 persons information, employment history information, personal
26 history information or presentence investigation information.
27 § 6341. Adjudication.
28 (a) General rule.--After hearing the evidence on the
29 petition the court shall make and file its findings as to
30 whether the child is a dependent child, or if the petition
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1 alleges that the child is delinquent, whether the acts ascribed
2 to the child were committed by him. If the court finds that the
3 child is not a dependent child or that the allegations of
4 delinquency have not been established it shall dismiss the
5 petition and order the child discharged from any detention or
6 other restriction theretofore ordered in the proceeding. For
7 cases involving allegations of delinquency where fingerprints or
8 photographs, or both, have been taken by a law enforcement
9 agency and where it is determined that acts ascribed to the
10 child were not committed by him, the court, upon motion, shall <--
11 direct that those records be immediately destroyed by law
12 enforcement agencies.
13 * * *
14 Section 2. This act shall take effect in 60 days.
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