THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, WASHINGTON, WILLIAMS, VANCE, D. WHITE, ALLOWAY, MUSTO, ARGALL, LEACH AND GORDNER, JUNE 5, 2009

REFERRED TO JUDICIARY, JUNE 5, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for conduct of hearings.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6336(d) and (e) of Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 6336.  Conduct of hearings.

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(d)  Proceeding in camera.--[Except in hearings to declare a

person in contempt of court and in hearings as specified in

subsection (e), the general public shall be excluded from

hearings under this chapter. Only the parties, their counsel,

witnesses, the victim and counsel for the victim, other persons

accompanying a party or a victim for his or her assistance, and

any other person as the court finds have a proper interest in

the proceeding or in the work of the court shall be admitted by

the court. The court may temporarily exclude the child from the

hearing except while allegations of his delinquency are being

heard.] A hearing to declare a person in contempt of court and a

hearing on a petition alleging delinquency shall be open to the

general public, except where the court rules, after a finding on

the record of exceptional circumstances, that it is necessary to

close the hearing or part of the hearing. A closure shall be

narrowly tailored to address the exceptional circumstances. Only

the parties, their counsel, witnesses, the victim, counsel for

the victim and other persons approved by the court may be

present at a closed hearing. Those persons having a proper

interest in the case or in the work of the court, including the

news media, shall be admitted by the court provided that

safeguards are in place to protect the exceptional circumstances

that resulted in the need for a closed hearing. No hearing or

part of a hearing may be closed by the court if the juvenile

requests that it remain open.

(e)  Open proceedings.--The general public shall not be

excluded from any hearings under this chapter:

(1)  Pursuant to a petition alleging delinquency where

the child was 14 years of age or older at the time of the

alleged conduct and the alleged conduct would be considered a

felony if committed by an adult.

(2)  Pursuant to a petition alleging delinquency where

the child was 12 years of age or older at the time of the

alleged conduct and where the alleged conduct would have

constituted one or more of the following offenses if

committed by an adult:

(i)   Murder.

(ii)  Voluntary manslaughter.

(iii)  Aggravated assault as defined in 18 Pa.C.S. §

2702(a)(1) or (2) (relating to aggravated assault).

(iv)  Arson as defined in 18 Pa.C.S. § 3301(a)(1) 

(relating to arson and related offenses).

(v)  Involuntary deviate sexual intercourse.

(vi)  Kidnapping.

(vii)  Rape.

(viii)  Robbery as defined in 18 Pa.C.S. § 3701(a)(1)

(i), (ii) or (iii) (relating to robbery).

(ix)  Robbery of motor vehicle.

(x)  Attempt or conspiracy to commit any of the

offenses in this paragraph.

[Notwithstanding anything in this subsection, the proceedings

shall be closed upon and to the extent of any agreement between

the child and the attorney for the Commonwealth.]

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Section 2.  This act shall take effect in 60 days.