THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, TARTAGLIONE, ERICKSON, RAFFERTY, BOSCOLA, GREENLEAF AND WOZNIAK, MARCH 4, 2011

REFERRED TO JUDICIARY, MARCH 4, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, providing for responsibility of parents and

guardians and for pretrial diversion program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 6301.1.  Responsibility of parents and guardians.

(a)  Offense defined.--A parent or guardian who intentionally

and knowingly commits one or more acts or omits the performance

of one or more duties, which causes the child or the ward under

18 years of age to come within or remain within the the

provisions of 42 Pa.C.S. § 6341 (relating to adjudication) or 23

Pa.C.S. § 6315 (relating to taking child into protective

custody), commits an offense.

(b)  Grading.--A person who violates subsection (a) commits a

misdemeanor of the third degree.

(c)  Diversion program.--A person who violates subsection (a)

may be eligible for the pretrial diversion program established

under 42 Pa.C.S. § 6312 (relating to pretrial diversion

program).

(d)  Standard of care.--For purposes of this section, a

parent or guardian of any person under 18 years of age shall

have the duty to exercise reasonable care, supervision,

protection and control over the minor child.

Section 2.  Title 42 is amended by adding a section to read:

§ 6312.  Pretrial diversion program.

(a)  Review and approval.--Every prosecutor with jurisdiction

to prosecute violations of 18 Pa.C.S. § 6301.1 (relating to

responsibility of parents and guardians) shall review annually

any diversion program established pursuant to this section, and

no program shall commence or continue without the approval of

the prosecutor. No person may be diverted under a program unless

it has been approved by the district attorney.

(b)  Applicability.--This section shall apply whenever a case

is before a court upon an accusatory pleading alleging a parent

or guardian to have violated 18 Pa.C.S. § 6301.1, and the

defendant's record does not indicate that he has previously been

diverted pursuant to this section.

(c)  Waiver.--If the defendant consents and waives his right

to a speedy trial, the case shall be referred to the district

attorney who shall conduct an investigation as is necessary to

determine whether the defendant qualifies for diversion under

this section, and whether the defendant is a person who would

benefit from education, treatment or rehabilitation. The

district attorney shall also submit findings and recommendations

to the court for approval, which shall include education,

treatment or a rehabilitative plan that would benefit the

defendant. If the recommendation includes referral to a

community service program, the report shall contain a statement

regarding the program's willingness to accept the defendant and

the manner in which the services the program offers can assist

the defendant in completing the diversion program successfully.

(d)  Admissibility.--No statement or information with respect

to the specific offense with which the defendant is charged,

which is made subsequent to the granting of diversion, may be

admissible in any action or proceeding. In the event that

diversion is denied or is subsequently revoked once it has been

granted, the investigation, statements or information divulged

during that investigation shall not be used in any subsequent

action or proceeding.

(e)  Hearing.--The court shall hold a hearing and after

consideration of the district attorney's report and any other

relevant information shall determine if the defendant consents

to further proceedings under this section and waives his right

to a speedy trial. The period during which the further criminal

proceedings against the defendant may be diverted shall be for

the length of time required to complete and verify the diversion

program but shall not exceed two years. If the court orders a

defendant to be diverted, the court may make inquiry into the

financial condition of the defendant, and upon a finding that

the defendant is able, in whole or in part, to pay the

reasonable cost of diversion, the court may order the defendant

to pay all or part of the expense. The reasonable cost of

diversion shall not exceed the amount determined to be the

actual average cost of diversion services. If the defendant is

determined to be indigent, the defendant may not be ordered to

pay the expenses.

(f)  Finding that diversion is not beneficial.--If the court

does not deem the defendant to be a person who would benefit

from diversion or if the defendant does not consent to

participate, the proceedings shall continue as in any other

case.

(g)  Unsatisfactory progress or other conviction.--If the

court finds after notice to the defendant and a hearing that the

defendant is not performing satisfactorily in the assigned

program, or that the defendant has been convicted of a

misdemeanor in which force or violence was used or is convicted

of a felony, the criminal case shall be referred back to the

court for resumption of the criminal proceedings.

(h)  Disposition.--If the defendant has performed

satisfactorily during the period of diversion, the criminal

charges shall be dismissed.

(i)  Definitions.--As used in this section, the term

"pretrial diversion" means the procedure of postponing

prosecution either temporarily or permanently at any point in

the judicial process from when the accused is charged until

adjudication.

Section 3.  This act shall take effect in 60 days.