PRINTER'S NO. 3166
No. 2279 Session of 2003
INTRODUCED BY WEBER, ARMSTRONG, BAKER, CAPPELLI, CRAHALLA, CRUZ,
DENLINGER, FABRIZIO, FICHTER, GEIST, GINGRICH, GODSHALL,
GOODMAN, HARRIS, HERMAN, HORSEY, KELLER, LEWIS, MARSICO,
McGEEHAN, S. MILLER, O'NEILL, PAYNE, REICHLEY, ROSS,
SCHRODER, B. SMITH, SOLOBAY, E. Z. TAYLOR, J. TAYLOR, THOMAS,
TIGUE, WATSON AND YOUNGBLOOD, DECEMBER 23, 2003
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 23, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 public availability of law enforcement records.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6308(b) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6308. Law enforcement records.
9 * * *
10 (b) Public availability.--
11 (1) The contents of law enforcement records and files
12 concerning a child shall not be disclosed to the public
13 except:
14 (i) if the child is 14 or more years of age at the
15 time of the alleged conduct and if any of the following
16 apply:
1 [(i)] (A) The child has been adjudicated
2 delinquent by a court as a result of an act or acts
3 which include the elements of rape, kidnapping,
4 murder, robbery, arson, burglary, violation of
5 section 13(a)(30) of the act of April 14, 1972
6 (P.L.233, No.64), known as The Controlled Substance,
7 Drug, Device and Cosmetic Act, or other act involving
8 the use of or threat of serious bodily harm.
9 [(ii)] (B) A petition alleging delinquency has
10 been filed by a law enforcement agency alleging that
11 the child has committed an act or acts which include
12 the elements of rape, kidnapping, murder, robbery,
13 arson, burglary, violation of section 13(a)(30) of
14 The Controlled Substance, Drug, Device and Cosmetic
15 Act, or other act involving the use of or threat of
16 serious bodily harm and the child previously has been
17 adjudicated delinquent by a court as a result of an
18 act or acts which included the elements of one of
19 such crimes[.]; or
20 (ii) if a child who has been detained as provided in
21 section 6327(a)(3) or (4) (relating to place of
22 detention) or has been committed into an institution,
23 youth development center, camp or other facility for
24 delinquent children as provided in section 6352(a)(3) or
25 (4) (relating to disposition of delinquent child) escapes
26 from detention or commitment and has not been apprehended
27 by law enforcement.
28 (2) If the conduct of the child meets the requirements
29 for disclosure as set forth in paragraph (1)(i), then the
30 court or law enforcement agency, as the case may be, shall
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1 disclose the name, age and address of the child, the offenses
2 charged and the disposition of the case. The master or judge
3 who adjudicates a child delinquent shall specify the
4 particular offenses and counts thereof which the child is
5 found to have committed and such information shall be
6 inserted on any law enforcement records or files disclosed to
7 the public as provided for in this section.
8 (3) If the conduct of the child meets the requirements
9 for disclosure as set forth in paragraph (1)(ii), then the
10 court or law enforcement agency may disclose any of the
11 following, if available:
12 (i) The child's name, including other names by which
13 the child is known.
14 (ii) The child's physical description, including
15 sex, weight, height, race, ethnicity, eye color, hair
16 color, scars, marks and tattoos.
17 (iii) A photograph of the child.
18 (iv) The charge for which the child is sought, for
19 which the child was adjudicated or for which the child
20 was committed.
21 (v) Other information which may expedite the
22 apprehension of the child that does not violate the
23 disclosure provisions of any other statute.
24 (vi) Other information that may be necessary to
25 protect the public that does not violate the disclosure
26 provisions of any other statute.
27 * * *
28 Section 2. This act shall take effect in 60 days.
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