PRINTER'S NO. 1275
No. 1087 Session of 1997
INTRODUCED BY PICCOLA, TOMLINSON, EARLL, GERLACH, HART, STOUT,
SALVATORE, COSTA, LEMMOND, PUNT, HOLL, AFFLERBACH, RHOADES,
KASUNIC AND WHITE, SEPTEMBER 11, 1997
REFERRED TO JUDICIARY, SEPTEMBER 11, 1997
AN ACT
1 Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for contempt for violation of a
4 protection order or agreement and for the definition of
5 "delinquent act."
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 6114 of Title 23 of the Pennsylvania
9 Consolidated Statutes is amended by adding a subsection to read:
10 § 6114. Contempt for violation of order or agreement.
11 * * *
12 (a.2) Minor defendant.--Any defendant who is a minor and who
13 is charged with indirect criminal contempt for allegedly
14 violating a protection from abuse order shall be considered to
15 have committed a delinquent act as that term is defined in 42
16 Pa.C.S. § 6302 (relating to definitions) and shall be treated as
17 provided in 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
18 * * *
19 Section 2. The definition of "delinquent act" in section
1 6302 of Title 42 is amended to read:
2 § 6302. Definitions.
3 The following words and phrases when used in this chapter
4 shall have, unless the context clearly indicates otherwise, the
5 meanings given to them in this section:
6 * * *
7 "Delinquent act."
8 (1) The term means an act designated a crime under the
9 law of this Commonwealth, or of another state if the act
10 occurred in that state, or under Federal law, or under local
11 ordinances or an act that constitutes indirect criminal
12 contempt under 23 Pa.C.S. Ch. 61 (relating to protection from
13 abuse).
14 (2) The term shall not include:
15 (i) The crime of murder.
16 (ii) Any of the following prohibited conduct where
17 the child was 15 years of age or older at the time of the
18 alleged conduct and a deadly weapon as defined in 18
19 Pa.C.S. § 2301 (relating to definitions) was used during
20 the commission of the offense which, if committed by an
21 adult, would be classified as:
22 (A) Rape as defined in 18 Pa.C.S. § 3121
23 (relating to rape).
24 (B) Involuntary deviate sexual intercourse as
25 defined in 18 Pa.C.S. § 3123 (relating to involuntary
26 deviate sexual intercourse).
27 (C) Aggravated assault as defined in 18 Pa.C.S.
28 § 2702(a)(1) or (2) (relating to aggravated assault).
29 (D) Robbery as defined in 18 Pa.C.S. §
30 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
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1 (E) Robbery of motor vehicle as defined in 18
2 Pa.C.S. § 3702 (relating to robbery of motor
3 vehicle).
4 (F) Aggravated indecent assault as defined in 18
5 Pa.C.S. § 3125 (relating to aggravated indecent
6 assault).
7 (G) Kidnapping as defined in 18 Pa.C.S. § 2901
8 (relating to kidnapping).
9 (H) Voluntary manslaughter.
10 (I) An attempt, conspiracy or solicitation to
11 commit murder or any of these crimes as provided in
12 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
13 (relating to criminal solicitation) and 903 (relating
14 to criminal conspiracy).
15 (iii) Any of the following prohibited conduct where
16 the child was 15 years of age or older at the time of the
17 alleged conduct and has been previously adjudicated
18 delinquent of any of the following prohibited conduct
19 which, if committed by an adult, would be classified as:
20 (A) Rape as defined in 18 Pa.C.S. § 3121.
21 (B) Involuntary deviate sexual intercourse as
22 defined in 18 Pa.C.S. § 3123.
23 (C) Robbery as defined in 18 Pa.C.S. §
24 3701(a)(1)(i), (ii) or (iii).
25 (D) Robbery of motor vehicle as defined in 18
26 Pa.C.S. § 3702.
27 (E) Aggravated indecent assault as defined in 18
28 Pa.C.S. § 3125.
29 (F) Kidnapping as defined in 18 Pa.C.S. § 2901.
30 (G) Voluntary manslaughter.
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1 (H) An attempt, conspiracy or solicitation to
2 commit murder or any of these crimes as provided in
3 18 Pa.C.S. §§ 901, 902 and 903.
4 (iv) Summary offenses, unless the child fails to
5 comply with a lawful sentence imposed thereunder, in
6 which event notice of such fact shall be certified to the
7 court.
8 (v) A crime committed by a child who has been found
9 guilty in a criminal proceeding for other than a summary
10 offense.
11 * * *
12 Section 3. This act shall take effect in 60 days.
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