PRIOR PRINTER'S NOS. 132, 146, 165 PRINTER'S NO. 167
No. 100 Special Session No. 1 of 1995
INTRODUCED BY FISHER, SHAFFER, BRIGHTBILL, LEMMOND, O'PAKE,
HART, LOEPER, JUBELIRER, MELLOW, WENGER, CORMAN, SALVATORE,
PETERSON, BAKER, DELP, HELFRICK, GERLACH, HOLL, PUNT,
RHOADES, ROBBINS, ULIANA, MADIGAN, SHUMAKER AND MOWERY,
JUNE 2, 1995
SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 24, 1995
AN ACT
1 Amending Titles 23 (Domestic Relations) and TITLE 42 (Judiciary <--
2 and Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for contempt; requiring the <--
4 presence of parents, guardians or custodians at proceedings
5 involving juveniles; further defining "delinquent act" to
6 exclude certain criminal offenses; further providing for <--
7 certain hearings; and providing for children committing
8 delinquent acts. for a panel to study the school-based <--
9 probation officer program and for liability of parents.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 6114 of Title 23 of the Pennsylvania <--
13 Consolidated Statutes is amended by adding a subsection to read:
14 § 6114. Contempt for violation of order or agreement.
15 * * *
16 (e) Violation by a juvenile.--If the defendant in a
17 proceeding under subsection (a) is a juvenile, the court shall
18 transfer the case for further proceedings in accordance with 42
19 Pa.C.S. § 6322 (relating to transfer from criminal proceedings).
20 Section 2. Title 42 is amended by adding a section to read:
1 SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED <--
2 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
3 § 1523. Parental or legal guardian attendance required at
4 juvenile hearings.
5 (a) Order to attend.--In summary proceedings before a
6 district justice or judge of the minor judiciary involving any
7 individual who is under 18 years of age and is not emancipated,
8 the district justice or judge of the minor judiciary shall MAY, <--
9 WHEN THE DISTRICT JUSTICE OR JUDGE OF THE MINOR JUDICIARY
10 DETERMINES THAT IT IS IN THE BEST INTEREST OF THE CHILD, issue
11 an order specifically requiring the parent or legal guardian or
12 other person with whom the child resides, if other than the
13 parent or guardian, to be present and ready to participate in
14 the proceedings with the juvenile. No later than 30 TEN days <--
15 before such proceedings, the district justice or judge of the
16 minor judiciary shall send a notice of the order to the parent
17 or legal guardian or person with whom the child resides if other
18 than the parent or guardian. NOTHING IN THIS SUBSECTION SHALL BE <--
19 CONSTRUED TO VEST IN EITHER THE INDIVIDUAL WHO IS UNDER 18 YEARS
20 OF AGE AND IS NOT EMANCIPATED TO REQUIRE PARTICIPATION UNDER
21 THIS SUBSECTION OR THE PARENT, LEGAL GUARDIAN OR OTHER PERSON
22 WITH WHOM SUCH INDIVIDUAL RESIDES, THE RIGHT TO PARTICIPATE
23 UNDER THIS SUBSECTION.
24 (b) Contempt.--A person failing to comply with an order of
25 participation may be found in contempt of court as outlined in
26 section 4137 (relating to contempt powers of district justices).
27 (c) Bench warrant.--The district justice or judge of the
28 minor judiciary shall issue a bench warrant for any parent,
29 guardian or person with whom the child resides, if other than
30 the parent or guardian, who fails to appear at any proceedings.
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1 The district justice or judge of the minor judiciary may waive
2 any fine or other punishment if the person is found to be
3 present and ready to participate in the proceedings with the
4 juvenile after a bench warrant is issued.
5 Section 3 2. Section 6301(b)(2) of Title 42 is amended to <--
6 read:
7 § 6301. Short title and purposes of chapter.
8 * * *
9 (b) Purposes.--This chapter shall be interpreted and
10 construed as to effectuate the following purposes:
11 * * *
12 (2) Consistent with the protection of the public
13 interest, to [remove from] provide for children committing
14 delinquent acts [the consequences of criminal behavior, and
15 to substitute therefor a program] programs of supervision,
16 care and rehabilitation which provide balanced attention to
17 the protection of the community, the imposition of
18 accountability for offenses committed and the development of
19 competencies to enable children to become responsible and
20 productive members of the community.
21 * * *
22 Section 4 3. The definition of "delinquent act" in section <--
23 6302 of Title 42, amended March 15, 1995 (1st Sp.Sess., P.L. <--
24 , No.6), is amended to read:
25 § 6302. Definitions.
26 The following words and phrases when used in this chapter
27 shall have, unless the context clearly indicates otherwise, the
28 meanings given to them in this section:
29 * * *
30 "Delinquent act."
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1 (1) The term means an act designated a crime under the
2 law of this Commonwealth, or of another state if the act
3 occurred in that state, or under Federal law, or under local
4 ordinances.
5 (2) The term shall not include:
6 (i) The crime of murder.
7 (ii) Any of the following prohibited conduct where
8 the child was 15 years of age or older at the time of the
9 alleged conduct, and a deadly weapon as defined in 18
10 Pa.C.S. § 2301 (relating to definitions) was used during
11 the commission of the offense, which, if committed by an
12 adult, would be classified as:
13 (A) Rape as defined in 18 Pa.C.S. § 3121
14 (relating to rape).
15 (B) Involuntary deviate sexual intercourse as
16 defined in 18 Pa.C.S. § 3123 (relating to involuntary
17 deviate sexual intercourse).
18 (C) Aggravated assault as defined in 18 Pa.C.S.
19 § 2702(a)(1) or (2) (relating to aggravated assault).
20 (D) Robbery as defined in 18 Pa.C.S. §
21 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
22 (E) Robbery of motor vehicle as defined in 18
23 Pa.C.S. § 3702 (relating to robbery of motor
24 vehicle).
25 (F) Aggravated indecent assault as defined in 18
26 Pa.C.S. § 3125 (relating to aggravated indecent
27 assault).
28 (G) Kidnapping as defined in 18 Pa.C.S. § 2901
29 (relating to kidnapping).
30 (H) Voluntary manslaughter.
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1 (I) An attempt, conspiracy or solicitation to
2 commit murder or any of these crimes, as provided in
3 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
4 (relating to criminal solicitation) and 903 (relating
5 to criminal conspiracy).
6 (iii) Any of the following prohibited conduct where
7 the child was 15 years of age or older at the time of the
8 alleged conduct, and has been previously adjudicated
9 delinquent of any of the following prohibited conduct,
10 which, if committed by an adult, would be classified as:
11 (A) Rape as defined in 18 Pa.C.S. § 3121.
12 (B) Involuntary deviate sexual intercourse as
13 defined in 18 Pa.C.S. § 3123.
14 (C) Robbery as defined in 18 Pa.C.S. §
15 3701(a)(1)(i), (ii) or (iii).
16 (D) Robbery of motor vehicle as defined in 18
17 Pa.C.S. § 3702.
18 (E) Aggravated indecent assault as defined in 18
19 Pa.C.S. § 3125.
20 (F) Kidnapping as defined in 18 Pa.C.S. § 2901.
21 (G) Voluntary manslaughter.
22 (H) An attempt, conspiracy or solicitation to
23 commit murder or any of these crimes as provided in
24 18 Pa.C.S. §§ 901, 902 and 903.
25 [(ii)] (iv) Summary offenses, unless the child fails
26 to comply with a lawful sentence imposed thereunder, in
27 which event notice of such fact shall be certified to the
28 court.
29 [(iii)] (v) A crime committed by a child who has
30 been found guilty in a criminal proceeding for other than
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1 a summary offense.
2 * * *
3 Section 5 4. Section 6322 of Title 42 is amended to read: <--
4 § 6322. Transfer from criminal proceedings.
5 (a) General rule.--Except as provided in 75 Pa.C.S. § 6303
6 (relating to rights and liabilities of minors) or in the event
7 the child is charged with murder or any of the offenses excluded
8 by paragraph (2)(ii) or (iii) of the definition of "delinquent
9 act" in section 6302 (relating to definitions) or has been found
10 guilty in a criminal proceeding, if it appears to the court in a
11 criminal proceeding that the defendant is a child, this chapter
12 shall immediately become applicable, and the court shall
13 forthwith halt further criminal proceedings, and, where
14 appropriate, transfer the case to the division or a judge of the
15 court assigned to conduct juvenile hearings, together with a
16 copy of the accusatory pleading and other papers, documents, and
17 transcripts of testimony relating to the case. If it appears to
18 the court in a criminal proceeding charging murder or any of the
19 offenses excluded by paragraph (2)(ii) or (iii) of the
20 definition of "delinquent act" in section 6302, that the
21 defendant is a child, the case may similarly be transferred and
22 the provisions of this chapter applied. In determining whether
23 to transfer a case charging murder[, the court shall apply the
24 criteria in section 6355(a)(4)(iii)(A) (relating to transfer to
25 criminal proceedings). However, the child shall be required to
26 show the court that the child is amenable to treatment,
27 supervision or rehabilitation as a juvenile by meeting the
28 criteria listed in section 6355(a)(4)(iii)(A).] or any of the
29 offenses excluded from the definition of "delinquent act" in
30 section 6302, the child shall be required to establish by a
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1 preponderance of the evidence that the transfer will serve the
2 public interest. In determining whether the child has so
3 established that the transfer will serve the public interest,
4 the court shall consider the factors contained in section
5 6355(a)(4)(iii) (relating to transfer to criminal proceedings).
6 (b) Order.--If the court [orders the case to be transferred
7 to the division or a judge of the court assigned to conduct
8 juvenile hearings,] finds that the child has met the burden
9 under subsection (a), the court shall make findings of fact,
10 including specific references to the evidence, and conclusions
11 of law in support of the transfer order. If the court does not
12 make its finding within 20 days of the hearing on the petition
13 to transfer the case, the defendant's petition to transfer the
14 case shall be denied by operation of law.
15 (c) Expedited review of transfer orders.--The transfer order
16 shall be subject to the same expedited review applicable to
17 orders granting or denying release or modifying the conditions
18 of release prior to sentence, as provided in Rule 1762 of the
19 Pennsylvania Rules of Appellate Procedure.
20 (d) Effect of transfer order.--Where review of the transfer
21 order is not sought or where the transfer order is upheld the
22 defendant shall be taken forthwith to the probation officer or
23 to a place of detention designated by the court or released to
24 the custody of his parent, guardian, custodian, or other person
25 legally responsible for him, to be brought before the court at a
26 time to be designated. The accusatory pleading may serve in lieu
27 of a petition otherwise required by this chapter, unless the
28 court directs the filing of a petition.
29 [(b)] (e) Transfer of convicted criminal cases.--If in a
30 criminal proceeding [charging murder], the child is [convicted]
19951S0100B0167 - 7 -
1 found guilty of a crime [less than murder, the case may be
2 transferred for disposition to the division or a judge of the
3 court assigned to conduct juvenile hearings. If, in a criminal
4 proceeding resulting from a transfer under section 6355(a), the
5 child is convicted of a lesser charge which is] classified as a
6 misdemeanor, and the child and the attorney for the Commonwealth
7 agree to the transfer, the case may be transferred for
8 disposition to the division or a judge of the court assigned to
9 conduct juvenile hearings.
10 Section 6. Section 6336(e) of Title 42, amended April 6, <--
11 1995 (1st Sp.Sess., P.L. , No.11), is amended to read:
12 § 6336. Conduct of hearings.
13 * * *
14 (e) Open proceedings.--The general public shall not be
15 excluded from any hearings under this chapter:
16 (1) Pursuant to a petition alleging delinquency where
17 the child was 14 years of age or older at the time of the
18 alleged conduct and the alleged conduct would be considered a
19 felony if committed by an adult.
20 (2) Pursuant to a petition alleging delinquency where
21 the child was 12 years of age or older at the time of the
22 alleged conduct and where the alleged conduct would have
23 constituted one or more of the following offenses if
24 committed by an adult:
25 (i) Murder.
26 (ii) Voluntary manslaughter.
27 (iii) Aggravated assault as defined in 18 Pa.C.S. §
28 2702(a)(1) or (2) (relating to aggravated assault).
29 (iv) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
30 (relating to arson and related offenses).
19951S0100B0167 - 8 -
1 (v) Involuntary deviate sexual intercourse.
2 (vi) Kidnapping.
3 (vii) Rape.
4 (viii) Robbery as defined in 18 Pa.C.S. §
5 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
6 (ix) Robbery of motor vehicle.
7 (x) Attempt or conspiracy to commit any of the
8 offenses in this paragraph.
9 Notwithstanding anything in this subsection, the proceedings
10 shall be closed upon and to the extent of any agreement between
11 the [child] victim and the attorney for the Commonwealth.
12 * * *
13 Section 7 5. Section 6340 of Title 42 is amended by adding a <--
14 subsection to read:
15 § 6340. Consent decree.
16 * * *
17 (c.1) Terms and conditions.--Consistent with the protection
18 of the public interest, the terms and conditions of a consent
19 decree shall, as appropriate to the circumstances of each case,
20 include provisions which provide balanced attention to the
21 protection of the community, accountability for offenses
22 committed and the development of competencies to enable the
23 child to become a responsible and productive member of the
24 community.
25 * * *
26 Section 8 6. Section 6352(a) of Title 42, amended May 12, <--
27 1995 (1st Sp.Sess., P.L. , No.13), is amended to read:
28 § 6352. Disposition of delinquent child.
29 (a) General rule.--If the child is found to be a delinquent
30 child the court may make any of the following orders of
19951S0100B0167 - 9 -
1 disposition determined to be consistent with the protection of
2 the public interest and best suited to [his] the child's
3 treatment, supervision, rehabilitation, and welfare, which
4 disposition shall, as appropriate to the individual
5 circumstances of the child's case, provide balanced attention to
6 the protection of the community, the imposition of
7 accountability for offenses committed and the development of
8 competencies to enable the child to become a responsible and
9 productive member of the community:
10 (1) Any order authorized by section 6351 (relating to
11 disposition of dependent child).
12 (2) Placing the child on probation under supervision of
13 the probation officer of the court or the court of another
14 state as provided in section 6363 (relating to ordering
15 foreign supervision), under conditions and limitations the
16 court prescribes.
17 (3) Committing the child to an institution, youth
18 development center, camp, or other facility for delinquent
19 children operated under the direction or supervision of the
20 court or other public authority and approved by the
21 Department of Public Welfare.
22 (4) If the child is 12 years of age or older, committing
23 the child to an institution operated by the Department of
24 Public Welfare.
25 (5) Ordering payment by the child of reasonable amounts
26 of money as fines, costs or restitution as deemed appropriate
27 as part of the plan of rehabilitation considering the nature
28 of the acts committed and the earning capacity of the child.
29 For an order made under this subsection, the court shall
30 retain jurisdiction until there has been full compliance with
19951S0100B0167 - 10 -
1 the order or until the delinquent child attains 21 years of
2 age. Any restitution order which remains unpaid at the time
3 the child attains 21 years of age shall continue to be
4 collectible under section 9728 (relating to collection of
5 restitution, reparation, fees, costs, fines and penalties).
6 (6) An order of the terms of probation may include an
7 appropriate fine considering the nature of the act committed
8 or restitution not in excess of actual damages caused by the
9 child which shall be paid from the earnings of the child
10 received through participation in a constructive program of
11 service or education acceptable to the victim and the court
12 whereby, during the course of such service, the child shall
13 be paid not less than the minimum wage of this Commonwealth.
14 In ordering such service, the court shall take into
15 consideration the age, physical and mental capacity of the
16 child and the service shall be designed to impress upon the
17 child a sense of responsibility for the injuries caused to
18 the person or property of another. The order of the court
19 shall be limited in duration consistent with the limitations
20 in section 6353 (relating to limitation on and change in
21 place of commitment) and in the act of May 13, 1915 (P.L.286,
22 No.177), known as the ["]Child Labor Law.["] The court order
23 shall specify the nature of the work, the number of hours to
24 be spent performing the assigned tasks, and shall further
25 specify that as part of a plan of treatment and
26 rehabilitation that up to 75% of the earnings of the child be
27 used for restitution in order to provide positive
28 reinforcement for the work performed.
29 In selecting from the alternatives set forth in this section,
30 the court shall follow the general principle that the
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1 disposition imposed should provide the means through which the
2 provisions of this chapter are executed and enforced consistent
3 with section 6301(b) (relating to purposes) and when confinement
4 is necessary, the court shall impose the minimum amount of
5 confinement that is consistent with the protection of the public
6 and the rehabilitation needs of the child.
7 * * *
8 Section 9 7. Section 6355(a)(4) and (e) of Title 42 are <--
9 amended and the section is amended by adding a subsection to
10 read:
11 § 6355. Transfer to criminal proceedings.
12 (a) General rule.--After a petition has been filed alleging
13 delinquency based on conduct which is designated a crime or
14 public offense under the laws, including local ordinances, of
15 this Commonwealth, the court before hearing the petition on its
16 merits may rule that this chapter is not applicable and that the
17 offense should be prosecuted, and transfer the offense, where
18 appropriate, to the division or a judge of the court assigned to
19 conduct criminal proceedings, for prosecution of the offense if
20 all of the following exist:
21 * * *
22 (4) The court finds:
23 (i) that there is a prima facie case that the child
24 committed the delinquent act alleged;
25 (ii) that the delinquent act would be considered a
26 felony if committed by an adult; [and]
27 (iii) that there are reasonable grounds to believe
28 [all of the following:
29 (A) That the child is not amenable to treatment,
30 supervision or rehabilitation as a juvenile through
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1 available facilities, even though there may not have
2 been a prior adjudication of delinquency. In
3 determining this the court shall consider the
4 following factors:
5 Age.
6 Mental capacity.
7 Maturity.
8 The degree of criminal sophistication
9 exhibited by the child.
10 Previous records, if any.
11 The nature and extent of any prior delinquent
12 history, including the success or failure of any
13 previous attempts by the juvenile court to
14 rehabilitate the child.
15 Whether the child can be rehabilitated prior
16 to the expiration of the juvenile court
17 jurisdiction.
18 Probation or institutional reports, if any.
19 The nature and circumstances of the acts for
20 which the transfer is sought.
21 Any other relevant factors.
22 (B) That the child is not committable to an
23 institution for the mentally retarded or mentally
24 ill.
25 (C) That the interests of the community require
26 that the child be placed under legal restraint or
27 discipline or that the offense is one which would
28 carry a sentence of more than three years if
29 committed as an adult.] that the public interest is
30 served by the transfer of the case for criminal
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1 prosecution. In determining whether the public
2 interest can be served, the court shall consider the
3 following factors:
4 (A) the impact of the offense on the victim or
5 victims;
6 (B) the impact of the offense on the community;
7 (C) the threat to the safety of the public or
8 any individual posed by the child;
9 (D) the nature and circumstances of the offense
10 allegedly committed by the child;
11 (E) the degree of the child's culpability;
12 (F) the adequacy and duration of dispositional
13 alternatives available under this chapter and in the
14 adult criminal justice system; and
15 (G) whether the child is amenable to treatment,
16 supervision or rehabilitation as a juvenile by
17 considering the following factors:
18 (I) age;
19 (II) mental capacity;
20 (III) maturity;
21 (IV) the degree of criminal sophistication
22 exhibited by the child;
23 (V) previous records, if any;
24 (VI) the nature and extent of any prior
25 delinquent history, including the success or
26 failure of any previous attempts by the juvenile
27 court to rehabilitate the child;
28 (VII) whether the child can be rehabilitated
29 prior to the expiration of the juvenile court
30 jurisdiction;
19951S0100B0167 - 14 -
1 (VIII) probation or institutional reports,
2 if any;
3 (IX) any other relevant factors; and
4 (iv) that there are reasonable grounds to believe
5 that the child is not committable to an institution for
6 the mentally retarded or mentally ill.
7 * * *
8 (e) Murder and other excluded acts.--Where the petition
9 alleges conduct which if proven would constitute murder, or any
10 of the offenses excluded by paragraph (2)(ii) or (iii) of the
11 definition of "delinquent act" in section 6302 (relating to
12 definitions), the court shall require the offense to be
13 prosecuted under the criminal law and procedures, except where
14 the case has been transferred pursuant to section 6322 (relating
15 to transfer from criminal proceedings) from the division or a
16 judge of the court assigned to conduct criminal proceedings.
17 * * *
18 (g) Burden of proof.--The burden of establishing by a
19 preponderance of evidence that the public interest is served by
20 the transfer of the case to criminal court and that a child is
21 not amenable to treatment, supervision or rehabilitation as a
22 juvenile shall rest with the Commonwealth unless the following
23 apply:
24 (1) (i) a deadly weapon as defined in 18 Pa.C.S. § 2301
25 (relating to definitions) was used and the child was 14
26 years of age at the time of the offense; or
27 (ii) the child was 15 years of age or older at the
28 time of the offense and was previously adjudicated
29 delinquent of a crime that would be considered a felony
30 if committed by an adult; and
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1 (2) there is a prima facie case that the child committed
2 a delinquent act which, if committed by an adult, would be
3 classified as rape, involuntary deviate sexual intercourse,
4 aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or
5 (2) (relating to aggravated assault), robbery as defined in
6 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
7 robbery), robbery of motor vehicle, aggravated indecent
8 assault, kidnapping, voluntary manslaughter, an attempt,
9 conspiracy or solicitation to commit any of these crimes or
10 an attempt to commit murder as specified in paragraph (2)(ii)
11 of the definition of "delinquent act" in section 6302
12 (relating to definitions).
13 If either of the preceding criteria are met, the burden of
14 establishing by a preponderance of the evidence that retaining
15 the case under this chapter serves the public interest, and that
16 the child is amenable to treatment, supervision or
17 rehabilitation as a juvenile shall rest with the child.
18 Section 10. Section 9758 of Title 42 is amended by adding a <--
19 subsection to read:
20 § 9758. Fine.
21 * * *
22 (d) Liability of parents in juvenile cases.--The liability
23 of parents for fines imposed upon juveniles shall be limited to:
24 (1) the sum of $3,000 for injuries or loss suffered by
25 any one person as a result of one criminal or delinquent act
26 or continuous series of criminal or delinquent acts; or
27 (2) the total sum of $5,000, for injuries or loss
28 suffered by two or more persons as a result of one criminal
29 or delinquent act or continuous series of criminal or
30 delinquent acts.
19951S0100B0167 - 16 -
1 In the event that actual loss as ascertained by the court
2 exceeds $5,000, the parents shall be discharged from further
3 liability by the payment of $5,000 into court. The court shall
4 cause all aggrieved parties to submit itemized statements of
5 loss in writing and shall make distribution proportionately,
6 whether the claims be for injuries to the person or for theft,
7 destruction or loss of property. The court may take testimony to
8 assist it in making proper distribution and may appoint a master
9 to accomplish this purpose. All costs and fees incurred in these
10 proceedings shall be paid from the $5,000 paid into court. The
11 limitations on liability set forth shall be applicable when two
12 or more children of the same parent engage jointly in the
13 commission of one criminal or delinquent act or series of
14 criminal or delinquent acts.
15 Section 11. (a) The Governor shall appoint, within 30 days
16 of the date of final enactment of this act, a panel of 11
17 citizens of this Commonwealth which shall include at least one
18 educator, one member of the Juvenile Courts Commission, one
19 representative of a victims rights organization, one member
20 representing county district attorneys' offices, one member from
21 the Pennsylvania Crime and Delinquency Commission and two
22 representatives from juvenile probation offices.
23 (b) This panel shall study the recently established school-
24 based probation officer program in this Commonwealth and make
25 recommendations about the following:
26 (1) The impact of recent State legislation on school-
27 based probation programs.
28 (2) The costs and benefits of school-based probation
29 programs.
30 (3) The costs and benefits of linking juvenile diversion
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1 programs to school-based probation programs.
2 (4) Possible changes in Federal, State or local
3 legislation or regulations that would enhance the
4 effectiveness of school-based probation programs in
5 decreasing juvenile crime.
6 (c) This panel shall make a report of its findings and
7 recommendations to the Governor and to the General Assembly
8 within 120 days.
9 Section 12. (a) Except as provided in subsection (b), this
10 act shall apply to all delinquent acts committed on or after the
11 effective date of this act.
12 (b) The amendment of 42 Pa.C.S. § 6336(e) shall apply to
13 actions initiated on or after the effective date of this act.
14 SECTION 8. THIS ACT SHALL APPLY TO ALL DELINQUENT ACTS <--
15 COMMITTED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.
16 Section 13 9. This act shall take effect in 120 days. <--
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