PRINTER'S NO. 1602
No. 1235 Session of 2001
INTRODUCED BY M. WHITE, GREENLEAF, BELL, COSTA, THOMPSON,
LAVALLE, MOWERY, WAUGH AND LEMMOND, DECEMBER 10, 2001
REFERRED TO JUDICIARY, DECEMBER 10, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further defining "child";
3 and providing for hearings for sexual offenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "child" in section 6302 of
7 Title 42 of the Pennsylvania Consolidated Statutes is amended to
8 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 * * *
14 "Child." An individual who:
15 (1) is under the age of 18 years;
16 (2) is under the age of 21 years who committed an act of
17 delinquency before reaching the age of 18 years; or
18 (3) was adjudicated dependent before reaching the age of
1 18 years and who, while engaged in a course of instruction or
2 treatment, requests the court to retain jurisdiction until
3 the course has been completed, but in no event shall a child
4 remain in a course of instruction or treatment past the age
5 of 21 years[.];
6 (4) is under the age of 24 years who committed the crime
7 of murder before reaching the age of 18 years; or
8 (5) is under the age of 24 years who committed a crime
9 or an act of delinquency in violation of 18 Pa.C.S. § 3121
10 (relating to rape), 3122.1 (relating to statutory sexual
11 assault), 3123 (relating to involuntary deviate sexual
12 intercourse) or 3124.1 (relating to sexual assault), before
13 reaching the age of 18 years and is determined by the court,
14 after a hearing under section 6312 (relating to hearings for
15 sexual offenses), to be amenable to and in continued need of
16 additional treatment, suspension or rehabilitation as
17 available in the juvenile justice system.
18 Section 2. Title 42 is amended by adding a section to read:
19 § 6312. Hearings for sexual offenses.
20 (a) General rule.--To determine whether an individual is a
21 child within the meaning of paragraph (5) of the definition of
22 "child" in section 6302 (relating to definitions), the court
23 shall hold a hearing and render a decision before, but in no
24 event more than 90 days prior to, the date on which the
25 individual reaches the age of 21 years, on whether the
26 individual is amenable to and in continued need of additional
27 treatment, suspension or rehabilitation as available in the
28 juvenile justice system based on all of the following:
29 (1) The degree of violence involved in the offense.
30 (2) The threat to the safety of the public or any
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1 individual posed by the child.
2 (3) The individual's continuing need and the
3 availability of treatment.
4 (4) The enhanced possibility of rehabilitation through
5 extended disposition under this chapter.
6 (b) Burden of proof.--In a hearing under this section, the
7 Commonwealth must prove by a preponderance of the evidence that
8 the individual is amenable to and in continued need of
9 additional treatment, suspension or rehabilitation as available
10 in the juvenile justice system.
11 Section 3. This act shall apply to actions commenced on or
12 after the effective date of this act.
13 Section 4. This act shall take effect in 60 days.
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