| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 868, 1043, 1582, 1691, 2418 | PRINTER'S NO. 2475 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, BAKER, TARTAGLIONE, FONTANA, COSTA, YUDICHAK, BOSCOLA, ALLOWAY, HUGHES AND FARNESE, MARCH 16, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 15, 2012 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and | <-- |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, in minors, providing for the offense of |
4 | cyberbullying by minors; in criminal history record |
5 | information, further providing for expungement and for |
6 | juvenile records; and, in relation to summary offenses, |
7 | further providing for short title and purpose of chapter, for |
8 | the scope of the Juvenile Act, for inspection of court files |
9 | and records, for conduct of hearings and for right to |
10 | counsel. |
11 | Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and | <-- |
12 | Judicial Procedure) and 61 (Prisons and Parole), of the |
13 | Pennsylvania Consolidated Statutes, in authorized disposition | <-- |
14 | of offenders, further providing for sentence for murder, |
15 | murder of unborn child and murder of law enforcement officer; |
16 | and providing for sentence of persons under the age of 18 for |
17 | murder, murder of an unborn child and murder of a law |
18 | enforcement officer; in minors, providing for the offense of |
19 | cyberbullying by minors; in criminal history record |
20 | information, further providing for expungement and for |
21 | juvenile records; in relation to summary offenses, further |
22 | providing for short title and purpose of chapter, for |
23 | definitions, for the scope of the Juvenile Act, for |
24 | inspection of court files and records, for conduct of |
25 | hearings and for right to counsel; and, in Pennsylvania Board |
26 | of Probation and Parole, further providing for parole |
27 | procedure IN AUTHORIZED DISPOSITION OF OFFENDERS, FURTHER | <-- |
28 | PROVIDING FOR SENTENCE FOR MURDER, MURDER OF UNBORN CHILD AND |
29 | MURDER OF LAW ENFORCEMENT OFFICER AND PROVIDING FOR SENTENCE |
30 | OF PERSONS UNDER THE AGE OF 18 FOR MURDER, MURDER OF AN |
31 | UNBORN CHILD AND MURDER OF A LAW ENFORCEMENT OFFICER; IN |
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1 | CRIMINAL HISTORY RECORD INFORMATION, FURTHER PROVIDING FOR |
2 | EXPUNGEMENT AND FOR JUVENILE RECORDS; AND PROVIDING FOR CRIME |
3 | VICTIMS; IN JUVENILE MATTERS, FURTHER PROVIDING FOR SHORT |
4 | TITLE AND PURPOSEs OF CHAPTER, FOR DEFINITIONS, FOR SCOPE, |
5 | for inspection of court files and records and FOR CONDUCT OF |
6 | HEARINGS; IN SENTENCING, PROVIDING FOR SENTENCING FOR CERTAIN |
7 | MURDERS OF INFANT PERSONS AND FOR SENTENCES FOR SECOND AND |
8 | SUBSEQUENT OFFENSES; IN PENNSYLVANIA BOARD OF PROBATION AND |
9 | PAROLE, FURTHER PROVIDING FOR PAROLE PROCEDURE. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Title 18 of the Pennsylvania Consolidated | <-- |
13 | Statutes is amended by adding a section to read: |
14 | Section 1. Section 1102(a)(1) and (b) of Title 18 of the | <-- |
15 | Pennsylvania Consolidated Statutes are amended to read: |
16 | § 1102. Sentence for murder, murder of unborn child and murder |
17 | of law enforcement officer. |
18 | (a) First degree.-- |
19 | (1) [A] Except as provided under section 1102.1 |
20 | (relating to sentence of persons under the age of 18 for |
21 | murder, murder of an unborn child and murder of a law |
22 | enforcement officer), a person who has been convicted of a |
23 | murder of the first degree or of murder of a law enforcement |
24 | officer of the first degree shall be sentenced to death or to |
25 | a term of life imprisonment in accordance with 42 Pa.C.S. § |
26 | 9711 (relating to sentencing procedure for murder of the |
27 | first degree). |
28 | * * * |
29 | (b) Second degree.--[A] Except as provided under section |
30 | 1102.1, a person who has been convicted of murder of the second |
31 | degree, of second degree murder of an unborn child or of second |
32 | degree murder of a law enforcement officer shall be sentenced to |
33 | a term of life imprisonment. |
34 | * * * |
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1 | Section 2. Title 18 is amended by adding sections a section | <-- |
2 | to read: |
3 | § 1102.1. Sentence of persons under the age of 18 for murder, |
4 | murder of an unborn child and murder of a law |
5 | enforcement officer. |
6 | (a) First degree murder.--A person who has been convicted, |
7 | after June 24, 2012, of a murder of the first degree, first |
8 | degree murder of an unborn child or of murder of a law |
9 | enforcement officer of the first degree and who was under the |
10 | age of 18 at the time of the commission of the offense shall be |
11 | sentenced as follows: |
12 | (1) A person who at the time of the commission of the |
13 | offense was 15 years of age or older shall be sentenced to a |
14 | term of life imprisonment without parole, or a term of |
15 | imprisonment, the minimum of which shall be at least 35 years |
16 | to life. |
17 | (2) A person who at the time of the commission of the |
18 | offense was under 15 years of age shall be sentenced to a |
19 | term of life imprisonment without parole, or a term of |
20 | imprisonment, the minimum of which shall be at least 25 years |
21 | to life. |
22 | (b) Notice.--Reasonable notice to the defendant of the |
23 | Commonwealth's intention to seek a sentence of life imprisonment |
24 | without parole under subsection (a) shall be provided after |
25 | conviction and before sentencing. |
26 | (c) Second degree murder.--A person who has been convicted, |
27 | after June 24, 2012, of a murder of the second degree, second |
28 | degree murder of an unborn child or of murder of a law |
29 | enforcement officer of the second degree and who was under the |
30 | age of 18 at the time of the commission of the offense shall be |
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1 | sentenced as follows: |
2 | (1) A person who at the time of the commission of the |
3 | offense was 15 years of age or older shall be sentenced to a |
4 | term of imprisonment the minimum of which shall be at least |
5 | 30 years to life. |
6 | (2) A person who at the time of the commission of the |
7 | offense was under 15 years of age shall be sentenced to a |
8 | term of imprisonment the minimum of which shall be at least |
9 | 20 years to life. |
10 | (d) Findings.--In determining whether to impose a sentence |
11 | of life without parole under subsection (a), the court shall |
12 | consider and make findings on the record regarding the |
13 | following: |
14 | (1) The impact of the offense on each victim, including |
15 | oral and written victim impact statements made or submitted |
16 | by family members of the victim detailing the physical, |
17 | psychological and economic effects of the crime on the victim |
18 | and the victim's family. A victim impact statement may |
19 | include comment on the sentence of the defendant. |
20 | (2) The impact of the offense on the community. |
21 | (3) The threat to the safety of the public or any |
22 | individual posed by the defendant. |
23 | (4) The nature and circumstances of the offense |
24 | committed by the defendant. |
25 | (5) The degree of the defendant's culpability. |
26 | (6) Guidelines for sentencing and resentencing adopted |
27 | by the Pennsylvania Commission on Sentencing. |
28 | (7) Age-related characteristics of the defendant, |
29 | including: |
30 | (i) Age. |
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1 | (ii) Mental capacity. |
2 | (iii) Maturity. |
3 | (iv) The degree of criminal sophistication exhibited |
4 | by the defendant. |
5 | (v) The nature and extent of any prior delinquent or |
6 | criminal history, including the success or failure of any |
7 | previous attempts by the court to rehabilitate the |
8 | defendant. |
9 | (vi) Probation or institutional reports. |
10 | (vii) Other relevant factors. |
11 | (e) Minimum sentence.--Nothing under this section shall |
12 | prevent the sentencing court from imposing a minimum sentence |
13 | greater than that provided in this section. Sentencing |
14 | guidelines promulgated by the Pennsylvania Commission on |
15 | Sentencing may not supersede the mandatory minimum sentences |
16 | provided under this section. |
17 | (f) Appeal by Commonwealth.--If a sentencing court refuses |
18 | to apply this section where applicable, the Commonwealth shall |
19 | have the right to appellate review of the action of the |
20 | sentencing court. The appellate court shall vacate the sentence |
21 | and remand the case to the sentencing court for imposition of a |
22 | sentence in accordance with this section if it finds that the |
23 | sentence was imposed in violation of this section. |
24 | § 6321. Cyberbullying by minors. | <-- |
25 | (a) Offense defined.--A minor commits a misdemeanor of the |
26 | third degree if: |
27 | (1) the minor knowingly transmits or disseminates any |
28 | electronic communication, including a visual depiction of |
29 | himself or any other person in a state of nudity, to another |
30 | minor with the knowledge or intent that the communication |
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1 | would coerce, intimidate, torment, harass or otherwise cause |
2 | emotional distress to the other minor; or |
3 | (2) the minor does any of the following involving |
4 | another minor: |
5 | (i) photographs, videotapes, depicts on a computer |
6 | or films the other minor in a state of nudity without the |
7 | person's knowledge or consent; or |
8 | (ii) transmits, distributes, publishes or |
9 | disseminates a visual depiction of the other minor in a |
10 | state of nudity where the minor depicted has not given |
11 | consent or has withdrawn consent for the dissemination. |
12 | (b) Seizure and forfeiture of electronic communication |
13 | device.--An electronic communication device used in violation of |
14 | this section may be seized by and forfeited to the Commonwealth. |
15 | (c) Definitions.--As used in this section, the following |
16 | words and phrases shall have the meanings given to them in this |
17 | subsection: |
18 | "Disseminate." To cause or make an electronic communication |
19 | from one person, place or electronic communication device to two |
20 | or more persons, places or electronic communication devices. |
21 | "Electronic communication." As defined in section 5702 |
22 | (relating to definitions). |
23 | "Minor." An individual under 18 years of age. |
24 | "Nudity." The showing of the human male or female genitals, |
25 | pubic area or buttocks with less than a fully opaque covering, |
26 | the showing of the female breast with less than a fully opaque |
27 | covering of any portion thereof below the top of the nipple or |
28 | the depiction of covered male genitals in a discernibly turgid |
29 | state. |
30 | "Transmit." To cause or make an electronic communication |
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1 | from one person, place or electronic communication device to |
2 | only one other person, place or electronic communication device. |
3 | "Visual depiction." A photograph, videotape, film or |
4 | depiction on a computer. The term shall not include a |
5 | photograph, videotape, film or depiction on a computer, taken, |
6 | taped, filmed, made, produced, used or intended to be used, for |
7 | or in furtherance of a commercial purpose or to the transmission |
8 | or dissemination of such a visual depiction. |
9 | Section 2. Sections 9122(a)(3) and (d) and 9123(a) of Title | <-- |
10 | 18 are amended to read: |
11 | Section 3. Section 9122(a)(3) and (d) of Title 18 are | <-- |
12 | amended to read: |
13 | § 9122. Expungement. |
14 | (a) Specific proceedings.--Criminal history record |
15 | information shall be expunged in a specific criminal proceeding |
16 | when: |
17 | * * * |
18 | (3) a person 21 years of age or older who has been |
19 | convicted of a violation of section 6308 (relating to |
20 | purchase, consumption, possession or transportation of liquor |
21 | or malt or brewed beverages), which occurred on or after the |
22 | day the person attained 18 years of age, petitions the court |
23 | of common pleas in the county where the conviction occurred |
24 | seeking expungement and the person has satisfied all terms |
25 | and conditions of the sentence imposed for the violation, |
26 | including any suspension of operating privileges imposed |
27 | pursuant to section 6310.4 (relating to restriction of |
28 | operating privileges). Upon review of the petition, the court |
29 | shall order the expungement of all criminal history record |
30 | information and all administrative records of the Department |
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1 | of Transportation relating to said conviction. |
2 | * * * |
3 | (d) Notice of expungement.--Notice of expungement shall |
4 | promptly be submitted to the central [respository] repository |
5 | which shall notify all criminal justice agencies which have |
6 | received the criminal history record information to be expunged. |
7 | * * * |
8 | Section 4. Section 9123(a) of Title 18, amended July 5, 2012 | <-- |
9 | (P.L.880, No.91), is amended to read: |
10 | § 9123. Juvenile records. |
11 | (a) Expungement of juvenile records.--Notwithstanding the |
12 | provisions of section 9105 (relating to other criminal justice |
13 | information) and except upon cause shown as provided under | <-- |
14 | subsection (a.1), expungement of records of juvenile delinquency |
15 | cases and cases involving summary offenses committed while the |
16 | individual was under 18 years of age, wherever kept or retained |
17 | shall occur after 30 days' notice to the district attorney, |
18 | whenever the court upon its own motion or upon the motion of a |
19 | child or the parents or guardian finds: |
20 | (1) a complaint is filed which is not substantiated or |
21 | the petition which is filed as a result of a complaint is |
22 | dismissed by the court; |
23 | (1.1) a written allegation is filed which was not |
24 | approved for prosecution; |
25 | (1.2) six months have elapsed since the individual | <-- |
26 | successfully completed an informal adjustment and no |
27 | proceeding seeking adjudication or conviction is pending; |
28 | (2) six months have elapsed since the final discharge of |
29 | the person from supervision under a consent decree or |
30 | diversion program, including a program under 42 Pa.C.S. § |
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1 | 1520 (relating to adjudication alternative program) and no |
2 | proceeding seeking adjudication or conviction is pending; |
3 | (2.1) the individual is 18 years of age or older and six | <-- |
4 | months have elapsed since the individual has satisfied all |
5 | terms and conditions of the sentence imposed following a |
6 | conviction for a summary offense, with the exception of a |
7 | violation of section 6308 (relating to purchase, consumption, |
8 | possession or transportation of liquor or malt or brewed |
9 | beverages), committed while the individual was under 18 years |
10 | of age and the individual has not been convicted of a felony, |
11 | misdemeanor or adjudicated delinquent and no proceeding is |
12 | pending to seek such conviction and adjudication; |
13 | (2.2) the individual is 18 years of age or older and has |
14 | been convicted of a violation of section 6308 which occurred |
15 | while the individual was under 18 years of age and six months | <-- |
16 | have elapsed since the individual has satisfied all terms and |
17 | conditions of the sentence imposed for the violation, |
18 | including any suspension of operating privileges imposed |
19 | under section 6310.4 (relating to restriction of operating |
20 | privileges). Expungement shall include all criminal history |
21 | record information and all administrative records of the |
22 | Department of Transportation relating to the conviction; |
23 | (3) five years have elapsed since the final discharge of |
24 | the person from commitment, placement, probation or any other |
25 | disposition and referral and since such final discharge, the |
26 | person has not been convicted of a felony, misdemeanor or |
27 | adjudicated delinquent and no proceeding is pending seeking |
28 | such conviction or adjudication; or |
29 | (4) [the individual is 18 years of age or older,] the |
30 | attorney for the Commonwealth consents to the expungement and |
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1 | a court orders the expungement after giving consideration to |
2 | the following factors: |
3 | (i) the type of offense; |
4 | (ii) the individual's age, history of employment, |
5 | criminal activity and drug or alcohol problems; |
6 | (iii) adverse consequences that the individual may |
7 | suffer if the records are not expunged; and |
8 | (iv) whether retention of the record is required for |
9 | purposes of protection of the public safety. |
10 | * * * |
11 | Section 4.1. Title 18 is amended by adding a chapter to | <-- |
12 | read: |
13 | CHAPTER 94 |
14 | CRIME VICTIMS |
15 | Sec. |
16 | 9401. Definitions. |
17 | 9402. Office of the Victim Advocate. |
18 | § 9401. Definitions. |
19 | The following words and phrases when used in this chapter |
20 | shall have the meanings given to them in this section unless the |
21 | context clearly indicates otherwise: |
22 | "Crime Victims Act." The act of November 24, 1998 (P.L.882, |
23 | No.111), known as the Crime Victims Act. |
24 | "Office of Victim Advocate." The Office of Victim Advocate |
25 | established under section 302 of the Crimes Victims Act. |
26 | § 9402. Office of Victim Advocate. |
27 | The Office of Victim Advocate has the power and duty to |
28 | represent and advocate for the interests of individual crime |
29 | victims in accordance with section 302 of the Crime Victims Act, |
30 | and advocate for the interests of crime victims generally, |
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1 | including the victims of crimes committed by juveniles. |
2 | Section 3 5. Section 6301(b) of Title 42 is amended to read: | <-- |
3 | § 6301. Short title and purposes of chapter. |
4 | * * * |
5 | (b) Purposes.--This chapter shall be interpreted and |
6 | construed as to effectuate the following purposes: |
7 | (1) To preserve the unity of the family whenever |
8 | possible or to provide another alternative permanent family |
9 | when the unity of the family cannot be maintained. |
10 | (1.1) To provide for the care, protection, safety and |
11 | wholesome mental and physical development of children coming |
12 | within the provisions of this chapter. |
13 | (2) Consistent with the protection of the public |
14 | interest, to provide for children committing delinquent acts |
15 | programs of supervision, care and rehabilitation which |
16 | provide balanced attention to the protection of the |
17 | community, the imposition of accountability for offenses |
18 | committed and the development of competencies to enable |
19 | children to become responsible and productive members of the |
20 | community. |
21 | (3) To achieve the foregoing purposes in a family |
22 | environment whenever possible, separating the child from |
23 | parents only when necessary for his welfare, safety or health |
24 | or in the interests of public safety[.], by doing all of the | <-- |
25 | following: |
26 | (i) employing evidence-based practices whenever |
27 | possible and, in the case of a delinquent child, by using |
28 | the least restrictive intervention that is consistent |
29 | with the protection of the community, the imposition of |
30 | accountability for offenses committed and the |
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1 | rehabilitation, supervision and treatment needs of the |
2 | child; and |
3 | (ii) imposing confinement only if necessary and for |
4 | the minimum amount of time that is consistent with the |
5 | purposes under paragraphs (1), (1.1) and (2). |
6 | (4) To provide means through which the provisions of |
7 | this chapter are executed and enforced and in which the |
8 | parties are assured a fair hearing and their constitutional |
9 | and other legal rights recognized and enforced. |
10 | (5) To use the least restrictive sanctions consistent | <-- |
11 | with the protection of the community and the rehabilitation |
12 | needs of a delinquent child; and to use confinement as a last |
13 | resort and to impose it for the minimum amount of time that |
14 | is consistent with the protection of the public and the |
15 | rehabilitation needs of a delinquent child. |
16 | (6) To employ whenever possible evidence-based |
17 | practices, with fidelity, at every stage of the juvenile |
18 | justice process. |
19 | Section 6. Paragraph (7) of the definition of "dependent | <-- |
20 | child" in section 6302 of Title 42 is amended to read: |
21 | § 6302. Definitions. |
22 | The following words and phrases when used in this chapter |
23 | shall have, unless the context clearly indicates otherwise, the |
24 | meanings given to them in this section: |
25 | * * * |
26 | "Dependent child." A child who: |
27 | * * * |
28 | (7) [is under the age of ten years and] has committed a |
29 | delinquent act or crime, other than a summary offense, while |
30 | under the age of ten years; |
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1 | * * * |
2 | Section 4 7. Sections 6303, 6307 and 6336 of Title 42 are | <-- |
3 | amended by adding subsections to read: |
4 | § 6303. Scope of chapter. |
5 | * * * |
6 | (c) Summary offenses generally.--In addition to the |
7 | provisions of subsection (a)(5) and notwithstanding the |
8 | exclusion of summary offenses generally from the definition of |
9 | "delinquent act" under section 6302, the provisions of sections |
10 | 6307 (relating to inspection of court files and records) and |
11 | 6336(d) (relating to conduct of hearings), insofar as section |
12 | 6336(d) relates to the exclusion of the general public from the |
13 | proceedings, shall apply to proceedings involving a child |
14 | charged with a summary offense when the proceedings are before a |
15 | judge of the minor judiciary. |
16 | § 6307. Inspection of court files and records. |
17 | * * * |
18 | (c) Summary offenses.--The provisions of this section shall |
19 | apply to proceedings involving a child charged with a summary |
20 | offense when the proceedings are before a judge of the minor |
21 | judiciary. |
22 | § 6336. Conduct of hearings. |
23 | * * * |
24 | (g) Summary offenses.--The provisions of subsection (d), |
25 | insofar as it relates to the exclusion of the general public |
26 | from the proceedings, shall apply to proceedings involving a |
27 | child charged with a summary offense when the proceedings are |
28 | before a judge of the minor judiciary. |
29 | (h) Adjudication alternative.--The magisterial district |
30 | judge may refer a child charged with a summary offense to an |
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1 | adjudication alternative program under section 1520 (relating to |
2 | adjudication alternative program) and the Pennsylvania Rules of |
3 | Criminal Procedure. |
4 | Section 5 8. Section 6337 of Title 42, amended April 9, 2012 | <-- |
5 | (P.L.223, No.23), is amended to read: |
6 | § 6337. Right to counsel. |
7 | (a) Court to provide counsel.-- |
8 | (1) Except as provided in section 6311 (relating to | <-- |
9 | guardian ad litem for child in court proceedings), a party is |
10 | entitled to representation by legal counsel at all stages of |
11 | any proceedings under this chapter and if he is without |
12 | financial resources or otherwise unable to employ counsel, to |
13 | have the court provide counsel for him. |
14 | (2) If a party appears without counsel the court shall |
15 | ascertain whether he knows of his right thereto and to be |
16 | provided with counsel by the court if applicable. The court |
17 | may continue the proceeding to enable a party to obtain |
18 | counsel. [Counsel must be provided for a child unless his |
19 | parent, guardian, or custodian is present in court and |
20 | affirmatively waive it. However, the parent, guardian, or |
21 | custodian may not waive counsel for a child when their |
22 | interest may be in conflict with the interest or interests of |
23 | the child.] |
24 | (3) If the interests of two or more parties may |
25 | conflict, separate counsel shall be provided for each of |
26 | them. | <-- |
27 | (1) Except as provided under this section and in section | <-- |
28 | 6311 (relating to guardian ad litem for child in court |
29 | proceedings), a party is entitled to representation by legal |
30 | counsel at all stages of any proceedings under this chapter |
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1 | and if he is without financial resources or otherwise unable |
2 | to employ counsel, to have the court provide counsel for him. |
3 | (2) If a party other than a child appears at a hearing |
4 | without counsel the court shall ascertain whether he knows of |
5 | his right thereto and to be provided with counsel by the |
6 | court if applicable. The court may continue the proceeding to |
7 | enable a party to obtain counsel. [Except as provided under |
8 | section 6337.1 (relating to right to counsel for children in |
9 | dependency and delinquency proceedings), counsel must be |
10 | provided for a child.] |
11 | (3) If the interests of two or more parties may |
12 | conflict, separate counsel shall be provided for each of |
13 | them. |
14 | (b) Delinquency cases.-- |
15 | (1) In delinquency cases, all children are presumed |
16 | indigent. The presumption may be rebutted if the court |
17 | ascertains that the child has the financial resources to |
18 | retain counsel of his choice at his own expense. |
19 | (2) The court shall not consider the financial resources |
20 | of the child's parent, guardian or custodian when |
21 | ascertaining whether the child has the financial resources to |
22 | retain counsel of his choice at his own expense. |
23 | Section 8. Title 42 is amended by adding a section to read: | <-- |
24 | § 9711.1. Sentencing for certain murders of infant persons. |
25 | (a) Sentence enhancement.--The Pennsylvania Commission on |
26 | Sentencing, pursuant to section 2154 (relating to adoption of |
27 | guidelines for sentencing), shall provide for a sentencing |
28 | enhancement for an offense under 18 Pa.C.S. § 2502(c) (relating |
29 | to murder) when the victim was less than 13 years of age at the |
30 | time of the commission of the offense. |
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1 | (b) Applicability.--The applicability of this section shall |
2 | be determined at sentencing. The court shall consider any |
3 | evidence presented at trial and shall determine, by |
4 | preponderance of the evidence, if this section is applicable. |
5 | (c) Consecutive sentence.--A sentence imposed upon a person |
6 | to whom this section applies shall be served consecutively to |
7 | any other sentence the person is serving and to any other |
8 | sentence being then imposed by the court. |
9 | Section 9. Section 9714(g) of Title 42, amended July 5, 2012 |
10 | (P.L.1050, No.122), is amended to read: |
11 | § 9714. Sentences for second and subsequent offenses. |
12 | * * * |
13 | (g) Definition.--As used in this section, the term "crime of |
14 | violence" means murder of the third degree, voluntary |
15 | manslaughter, manslaughter of a law enforcement officer as |
16 | defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal |
17 | homicide of law enforcement officer), murder of the third degree |
18 | involving an unborn child as defined in 18 Pa.C.S. § 2604(c) |
19 | (relating to murder of unborn child), aggravated assault of an |
20 | unborn child as defined in 18 Pa.C.S. § 2606 (relating to |
21 | aggravated assault of unborn child), aggravated assault as |
22 | defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to |
23 | aggravated assault), assault of law enforcement officer as |
24 | defined in 18 Pa.C.S. § 2702.1 (relating to assault of law |
25 | enforcement officer), use of weapons of mass destruction as |
26 | defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass |
27 | destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) |
28 | (relating to terrorism), trafficking of persons when the offense |
29 | is graded as a felony of the first degree as provided in 18 |
30 | Pa.C.S. § 3002 (relating to trafficking of persons), rape, |
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1 | involuntary deviate sexual intercourse, aggravated indecent |
2 | assault, incest, sexual assault, arson as defined in 18 Pa.C.S. |
3 | § 3301(a) (relating to arson and related offenses), ecoterrorism |
4 | as [defined] classified in 18 Pa.C.S. § [3311(b)(2)] 3311(b)(3) |
5 | (relating to ecoterrorism), kidnapping, burglary as defined in |
6 | 18 Pa.C.S. § 3502(a)(1) (relating to burglary), robbery as |
7 | defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating |
8 | to robbery), or robbery of a motor vehicle, drug delivery |
9 | resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating |
10 | to drug delivery resulting in death), or criminal attempt, |
11 | criminal conspiracy or criminal solicitation to commit murder or |
12 | any of the offenses listed above, or an equivalent crime under |
13 | the laws of this Commonwealth in effect at the time of the |
14 | commission of that offense or an equivalent crime in another |
15 | jurisdiction. |
16 | Section 9 10. Section 6139(a) of Title 61 is amended by | <-- |
17 | adding a paragraph paragraphs to read: | <-- |
18 | § 6139. Parole procedure. |
19 | (a) Specific requirements.-- |
20 | * * * |
21 | (3.1) Notwithstanding paragraphs (2) and (3), the board |
22 | shall not be required to consider nor dispose of an |
23 | application by an inmate or an inmate's attorney in the case |
24 | of an inmate sentenced under 18 Pa.C.S. § 1102.1 (relating to |
25 | sentence of persons under the age of 18 for murder, murder of |
26 | an unborn child and murder of a law enforcement officer) if a |
27 | parole decision has been issued by the board within five |
28 | years of the date of the current application. |
29 | (3.2) Nothing under this section shall be interpreted as | <-- |
30 | granting a right to be paroled to any person, and a decision |
|
1 | by the board and its designees relating to a person sentenced |
2 | under 18 Pa.C.S. § 1102.1 may not be considered an |
3 | adjudication under 2 Pa.C.S. Chs. 5 Subch. A (relating to |
4 | practice and procedure of Commonwealth agencies and 7 Subch. |
5 | A (relating to judicial review of Commonwealth agency |
6 | action). |
7 | * * * |
8 | Section 6 10 11. This act shall take effect as follows: | <-- |
9 | (1) The addition of 42 Pa.C.S. §§ 6303(c), 6307(c) and |
10 | 6336(g) and (h) shall take effect in 90 days. |
11 | (2) The amendment of 42 Pa.C.S. § 6337 shall take effect | <-- |
12 | immediately. |
13 | (3) This section shall take effect immediately. |
14 | (2) The following provisions shall take effect | <-- |
15 | immediately: |
16 | (i) The amendment of 18 Pa.C.S. § 1102(a)(1) and |
17 | (b). |
18 | (ii) The addition of 18 Pa.C.S. § 1102.1. |
19 | (iii) The amendment of paragraph (7) of the |
20 | definition of "dependent child" in 42 Pa.C.S. § 6302. |
21 | (iv) The amendment of 42 Pa.C.S. § 6337. | <-- |
22 | (v) (iv) The addition of 61 Pa.C.S. § 6139(a)(3.1). | <-- |
23 | (vi) (v) This section. | <-- |
24 | (4) (3) The remainder of this act shall take effect in | <-- |
25 | 60 days. |
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