PRINTER'S NO. 547
No. 469 Session of 2003
INTRODUCED BY BAKER, GEIST, BUNT, E. Z. TAYLOR, BARD, BEBKO-
JONES, CAPPELLI, CASORIO, CAUSER, CIVERA, CORRIGAN, CRAHALLA,
DeLUCA, GILLESPIE, GRUCELA, HARHAI, LAUGHLIN, LEWIS, MARSICO,
MELIO, R. MILLER, S. MILLER, NAILOR, O'NEILL, PALLONE,
READSHAW, REICHLEY, SAINATO, SATHER, SOLOBAY, STERN, THOMAS,
WATSON AND WOJNAROSKI, FEBRUARY 25, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 25, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 definition of "delinquent act" and for transfer from criminal
4 proceedings.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "delinquent act" in section
8 6302 of Title 42 of the Pennsylvania Consolidated Statutes is
9 amended to read:
10 § 6302. Definitions.
11 The following words and phrases when used in this chapter
12 shall have, unless the context clearly indicates otherwise, the
13 meanings given to them in this section:
14 * * *
15 "Delinquent act."
16 (1) The term means an act designated a crime under the
17 law of this Commonwealth, or of another state if the act
1 occurred in that state, or under Federal law, or under local
2 ordinances or an act which constitutes indirect criminal
3 contempt under 23 Pa.C.S. Ch. 61 (relating to protection from
4 abuse).
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 (iv) Summary offenses, unless the child fails to
26 comply with a lawful sentence imposed thereunder, in
27 which event notice of such fact shall be certified to the
28 court.
29 (v) A crime committed by a child who has been found
30 guilty in a criminal proceeding for other than a summary
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1 offense.
2 (vi) Prohibited conduct which, if committed by an
3 adult, would be classified as homicide while driving
4 under the influence as defined in 75 Pa.C.S. § 3735
5 (relating to homicide by vehicle while driving under
6 influence).
7 * * *
8 Section 2. Section 6322 of Title 42 is amended to read:
9 § 6322. Transfer from criminal proceedings.
10 (a) General rule.--Except as provided in 75 Pa.C.S. § 6303
11 (relating to rights and liabilities of minors) or in the event
12 the child is charged with murder or any of the offenses excluded
13 by paragraph (2)(ii) [or (iii)], (iii) or (vi) of the definition
14 of "delinquent act" in section 6302 (relating to definitions) or
15 has been found guilty in a criminal proceeding, if it appears to
16 the court in a criminal proceeding that the defendant is a
17 child, this chapter shall immediately become applicable, and the
18 court shall forthwith halt further criminal proceedings, and,
19 where appropriate, transfer the case to the division or a judge
20 of the court assigned to conduct juvenile hearings, together
21 with a copy of the accusatory pleading and other papers,
22 documents, and transcripts of testimony relating to the case. If
23 it appears to the court in a criminal proceeding charging murder
24 or any of the offenses excluded by paragraph (2)(ii) [or (iii)],
25 (iii) or (vi) of the definition of "delinquent act" in section
26 6302, that the defendant is a child, the case may similarly be
27 transferred and the provisions of this chapter applied. In
28 determining whether to transfer a case charging murder or any of
29 the 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 finds that the child has met the
7 burden under subsection (a), the court shall make findings of
8 fact, including specific references to the evidence, and
9 conclusions of law in support of the transfer order. If the
10 court does not make its finding within 20 days of the hearing on
11 the petition to transfer the case, the defendant's petition to
12 transfer the case shall be denied by operation of law.
13 (c) Expedited review of transfer orders.--The transfer order
14 shall be subject to the same expedited review applicable to
15 orders granting or denying release or modifying the conditions
16 of release prior to sentence, as provided in Rule 1762 of the
17 Pennsylvania Rules of Appellate Procedure.
18 (d) Effect of transfer order.--Where review of the transfer
19 order is not sought or where the transfer order is upheld the
20 defendant shall be taken forthwith to the probation officer or
21 to a place of detention designated by the court or released to
22 the custody of his parent, guardian, custodian, or other person
23 legally responsible for him, to be brought before the court at a
24 time to be designated. The accusatory pleading may serve in lieu
25 of a petition otherwise required by this chapter, unless the
26 court directs the filing of a petition.
27 (e) Transfer of convicted criminal cases.--If in a criminal
28 proceeding, the child is found guilty of a crime classified as a
29 misdemeanor, and the child and the attorney for the Commonwealth
30 agree to the transfer, the case may be transferred for
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1 disposition to the division or a judge of the court assigned to
2 conduct juvenile hearings.
3 Section 3. This act shall take effect immediately.
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