HOUSE AMENDED
        PRIOR PRINTER'S NOS. 130, 161                  PRINTER'S NO. 170

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 99 Special Session No. 1 of 1995


        INTRODUCED BY MADIGAN, FISHER, RHOADES, GERLACH, O'PAKE, HOLL,
           ROBBINS, HELFRICK, HART, SALVATORE, BAKER, ULIANA,
           BRIGHTBILL, WENGER, HECKLER, ANDREZESKI, MELLOW, LEMMOND,
           ARMSTRONG, CORMAN, SHUMAKER, PETERSON, WAGNER AND MOWERY,
           MAY 22, 1995

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           OCTOBER 25, 1995

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     JUVENILE HISTORY RECORD INFORMATION AND FOR adjudication.      <--

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6341 of Title 42 of the Pennsylvania       <--
     7  Consolidated Statutes is amended by adding a subsection to read:
     8     SECTION 1. SECTION 6309(C) OF TITLE 42 OF THE PENNSYLVANIA     <--
     9  CONSOLIDATED STATUTES, AMENDED MARCH 15, 1995 (1ST SP.SESS.,
    10  P.L.  , NO.6), IS AMENDED AND THE SECTION IS AMENDED BY ADDING A
    11  SUBSECTION TO READ:
    12  § 6309.  JUVENILE HISTORY RECORD INFORMATION.
    13     * * *
    14     (C)  FINGERPRINTS AND PHOTOGRAPHS.--THE ARRESTING AUTHORITY
    15  SHALL ENSURE THAT THE FINGERPRINTS AND PHOTOGRAPHS OF AN ALLEGED
    16  DELINQUENT WHOSE FINGERPRINTS AND PHOTOGRAPHS WHICH HAVE BEEN

     1  TAKEN BY AN ARRESTING AUTHORITY PURSUANT TO SECTION 6308(C) ARE
     2  FORWARDED TO THE CENTRAL REPOSITORY[.] AS REQUIRED BY THE
     3  PENNSYLVANIA STATE POLICE.
     4     (D)  DISPOSITION REPORTING.--THE DIVISION OR JUDGE OF THE
     5  COURT ASSIGNED TO CONDUCT JUVENILE HEARINGS SHALL, WITHIN SEVEN
     6  DAYS AFTER DISPOSITION OF A CASE WHERE THE CHILD HAS BEEN
     7  ALLEGED TO BE DELINQUENT, NOTIFY THE ARRESTING AUTHORITY OF THE
     8  DISPOSITION OF THE CASE. IN ADDITION, IT SHALL COLLECT AND
     9  SUBMIT THE DISPOSITION OF CASES RESULTING IN ADJUDICATION OF
    10  DELINQUENCY FOR INCLUSION IN THE CENTRAL REPOSITORY WITHIN 90
    11  DAYS OF AN ADJUDICATION OF DELINQUENCY AS REQUIRED BY THE
    12  JUVENILE COURT JUDGES' COMMISSION.
    13     * * *
    14     SECTION 2.  SECTION 6341 OF TITLE 42 IS AMENDED BY ADDING A
    15  SUBSECTION TO READ:
    16  § 6341.  Adjudication.
    17     * * *
    18     (b.1)  School notification.--
    19         (1)  Upon finding a child to be a delinquent child, the
    20     court shall, through the juvenile probation department,
    21     provide the following information to the building principal
    22     or his or her designee of any public, private or parochial
    23     school in which the child is enrolled:
    24             (i)  Name and address of the child.
    25             (ii)  The delinquent act or acts which the child was
    26         found to have committed.
    27             (iii)  A brief description of the delinquent act or
    28         acts.
    29             (iv)  The disposition of the case.
    30         (2)  If the child is adjudicated delinquent for an act or
    19951S0099B0170                  - 2 -

     1     acts which if committed by an adult would be classified as a
     2     felony, the court through the juvenile probation department
     3     shall additionally provide to the building principal or his
     4     or her designee relevant information contained in the
     5     juvenile probation or treatment reports pertaining to the
     6     adjudication, prior delinquent history and the supervision
     7     plan of the delinquent child.
     8         (3)  Notwithstanding any provision set forth herein, the
     9     court or juvenile probation department shall have the
    10     authority to share any additional information regarding the
    11     delinquent child under its jurisdiction with the building
    12     principal or his or her designee as deemed necessary to
    13     protect public safety or to enable appropriate treatment,
    14     supervision or rehabilitation of the delinquent child.
    15         (4)  Information provided under this subsection is for
    16     the limited purposes of protecting school personnel and
    17     students from danger from the delinquent child and of
    18     arranging appropriate counseling and education for the
    19     delinquent child. THE BUILDING PRINCIPAL OR HIS OR HER         <--
    20     DESIGNEE SHALL INFORM THE CHILD'S TEACHER OF ALL INFORMATION
    21     RECEIVED UNDER THIS SUBSECTION. Information obtained under
    22     this subsection may not be used for admissions or
    23     disciplinary decisions concerning the delinquent child unless
    24     the act or acts surrounding the adjudication took place on or
    25     within 1,500 feet of the school property.
    26         (5)  ANY INFORMATION PROVIDED TO AND MAINTAINED BY THE     <--
    27     BUILDING PRINCIPAL OR HIS OR HER DESIGNEE UNDER THIS
    28     SUBSECTION SHALL BE TRANSFERRED TO THE BUILDING PRINCIPAL OR
    29     HIS OR HER DESIGNEE OF ANY PUBLIC, PRIVATE OR PAROCHIAL
    30     SCHOOL TO WHICH THE CHILD TRANSFERS ENROLLMENT.
    19951S0099B0170                  - 3 -

     1         (5) (6)  Any information provided to the building          <--
     2     principal or his or her designee under this subsection shall
     3     be maintained separately from the child's official school
     4     record. Such information shall be secured and disseminated by
     5     the building principal or his or her designee only as
     6     appropriate in paragraph (4) PARAGRAPHS (4) AND (5).           <--
     7     * * *
     8     Section 2 3.  This act shall take effect in 60 days.           <--















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