PRINTER'S NO. 955
No. 793 Session of 2005
INTRODUCED BY DALLY, BARRAR, CALTAGIRONE, CAPPELLI, CORRIGAN,
CRAHALLA, CREIGHTON, DeWEESE, GEIST, GRUCELA, HENNESSEY,
JAMES, REICHLEY, SAMUELSON, SATHER, SCAVELLO, STABACK, TIGUE,
WALKO AND DENLINGER, MARCH 14, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 2005
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 detention of children under certain circumstances.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6325 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6325. Detention of child.
9 [A] (a) General rule.--Except as otherwise provided for in
10 subsection (b), a child taken into custody shall not be detained
11 or placed in shelter care prior to the hearing on the petition
12 unless his detention or care is required to protect the person
13 or property of others or of the child or because the child may
14 abscond or be removed from the jurisdiction of the court or
15 because he has no parent, guardian, or custodian or other person
16 able to provide supervision and care for him and return him to
17 the court when required, or an order for his detention or
1 shelter care has been made by the court pursuant to this
2 chapter.
3 (b) Possession of a firearm on school property.--
4 (1) A child taken into custody for a violation of 18
5 Pa.C.S. § 912(b) (relating to possession of weapon on school
6 property) when the weapon is a firearm or explosive device
7 shall be detained in the appropriate juvenile justice setting
8 until the court or master conducts an informal hearing
9 pursuant to section 6332 (relating to informal hearing) to
10 determine whether the child's further detention is required
11 to protect the person or property of himself or others.
12 (2) Prior to the informal hearing, but in no case not
13 later than 72 hours after the child has been placed in
14 detention or shelter care, the court or master shall order
15 the child to undergo a psychological evaluation by a licensed
16 physician or clinical psychologist to determine whether the
17 child is a clear and present danger to himself or others. A
18 report of the evaluation shall be made available to the court
19 prior to the informal hearing.
20 Section 2. This act shall take effect in 30 days.
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