PRIOR PRINTER'S NOS. 674, 1553 PRINTER'S NO. 1576
No. 641 Session of 1997
INTRODUCED BY GREENLEAF, O'PAKE, HECKLER, LEMMOND, COSTA,
SALVATORE, RHOADES AND HART, MARCH 7, 1997
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JANUARY 20, 1998
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for law
3 enforcement records concerning juveniles; and providing for
4 postconviction relief.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6308(c)(1) of Title 42 of the
8 Pennsylvania Consolidated Statutes is amended to read:
9 § 6308. Law enforcement records.
10 * * *
11 (c) Fingerprints and photographs.--
12 (1) Law enforcement officers shall have the authority to
13 take or cause to be taken the fingerprints or photographs, or
14 both, of any child who is alleged to have committed an act
15 designated as a misdemeanor or felony under the laws of this
16 Commonwealth or of another state if the act occurred in that
17 state or under Federal law. If a child is found to be a
18 delinquent child pursuant to section 6341 (relating to
1 adjudication) on the basis of an act designated as a
2 misdemeanor or felony, or the child's case is transferred for
3 criminal prosecution pursuant to section 6355 (relating to
4 transfer to criminal proceedings), the law enforcement agency
5 that alleged the child to be a delinquent child shall take or
6 cause to be taken the fingerprints and photographs of the
7 child, if not previously taken pursuant to this case, and
8 ensure that these records are forwarded to the central
9 repository pursuant to section 6309(c) (relating to juvenile
10 history record information). If a child was alleged to be
11 delinquent by other than a law enforcement agency, the court
12 shall direct the juvenile probation department to ensure that
13 the delinquent child's fingerprints and photographs are taken
14 by a law enforcement agency.
15 * * *
16 Section 2. Section 9543 of Title 42 is amended by adding a
17 subsection to read:
18 § 9543. Eligibility for relief.
19 * * *
20 (c) Extradition.--If the petitioner's conviction and
21 sentence resulted from a trial conducted in his absence, and if
22 the petitioner has fled to a foreign country that refuses to
23 extradite him because a trial in absentia was employed, the
24 petitioner shall be entitled to the grant of a new trial IF THE <--
25 REFUSING COUNTRY AGREES BY VIRTUE OF THIS PROVISION TO RETURN
26 HIM, AND IF THE PETITIONER UPON SUCH RETURN TO THIS JURISDICTION
27 SO REQUESTS. THIS SUBSECTION SHALL APPLY, notwithstanding any
28 other provision of this subchapter. LAW OR JUDGMENT TO THE <--
29 CONTRARY.
30 SECTION 3. THE ADDITION OF 42 PA.C.S. § 9543(C) SHALL APPLY
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1 TO ALL EXISTING CASES WITHIN ITS PROVISIONS.
2 Section 3 4. This act shall take effect in 60 days. AS <--
3 FOLLOWS:
4 (1) THE AMENDMENT OF 42 PA.C.S. § 6308(C)(1) SHALL TAKE
5 EFFECT IN 60 DAYS.
6 (2) THE ADDITION OF 42 PA.C.S. § 9543(C) SHALL TAKE
7 EFFECT IMMEDIATELY.
8 (3) SECTION 3 OF THIS ACT AND THIS SECTION SHALL TAKE
9 EFFECT IMMEDIATELY.
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