1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in juvenile matters,
3further providing for definitions, for transfer from criminal
4proceedings and for disposition of delinquent child.

5The General Assembly finds and declares that this act shall
6be known and may be cited as the Juvenile Driving Safety Act.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The definition of "delinquent act" in section
106302 of Title 42 of the Pennsylvania Consolidated Statutes is
11amended to read:

12§ 6302. Definitions.

13The following words and phrases when used in this chapter
14shall have, unless the context clearly indicates otherwise, the
15meanings given to them in this section:

16* * *

17"Delinquent act."

18(1) The term means an act designated a crime under the 
19law of this Commonwealth, or of another state if the act
 

1occurred in that state, or under Federal law, or under local 
2ordinances or an act which constitutes indirect criminal 
3contempt under 23 Pa.C.S. Ch. 61 (relating to protection from 
4abuse).

5(2) The term shall not include:

6(i) The crime of murder.

7(ii) Any of the following prohibited conduct where
8the child was 15 years of age or older at the time of the
9alleged conduct and a deadly weapon as defined in 18
10Pa.C.S. § 2301 (relating to definitions) was used during
11the commission of the offense which, if committed by an
12adult, would be classified as:

13(A) Rape as defined in 18 Pa.C.S. § 3121
14(relating to rape).

15(B) Involuntary deviate sexual intercourse as
16defined in 18 Pa.C.S. § 3123 (relating to involuntary
17deviate sexual intercourse).

18(C) Aggravated assault as defined in 18 Pa.C.S.
19§ 2702(a)(1) or (2) (relating to aggravated assault).

20(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
21(1)(i), (ii) or (iii) (relating to robbery).

22(E) Robbery of motor vehicle as defined in 18
23Pa.C.S. § 3702 (relating to robbery of motor
24vehicle).

25(F) Aggravated indecent assault as defined in 18
26Pa.C.S. § 3125 (relating to aggravated indecent
27assault).

28(G) Kidnapping as defined in 18 Pa.C.S. § 2901
29(relating to kidnapping).

30(H) Voluntary manslaughter.

1(I) An attempt, conspiracy or solicitation to
2commit murder or any of these crimes as provided in
318 Pa.C.S. §§ 901 (relating to criminal attempt), 902
4(relating to criminal solicitation) and 903 (relating
5to criminal conspiracy).

6(iii) Any of the following prohibited conduct where
7the child was 15 years of age or older at the time of the
8alleged conduct and has been previously adjudicated
9delinquent of any of the following prohibited conduct
10which, if committed by an adult, would be classified as:

11(A) Rape as defined in 18 Pa.C.S. § 3121.

12(B) Involuntary deviate sexual intercourse as
13defined in 18 Pa.C.S. § 3123.

14(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
15(1)(i), (ii) or (iii).

16(D) Robbery of motor vehicle as defined in 18
17Pa.C.S. § 3702.

18(E) Aggravated indecent assault as defined in 18
19Pa.C.S. § 3125.

20(F) Kidnapping as defined in 18 Pa.C.S. § 2901.

21(G) Voluntary manslaughter.

22(H) An attempt, conspiracy or solicitation to
23commit murder or any of these crimes as provided in
2418 Pa.C.S. §§ 901, 902 and 903.

25(iv) Summary offenses, unless the child fails to
26comply with a lawful sentence imposed thereunder, in
27which event notice of such fact shall be certified to the
28court.

29(v) A crime committed by a child who has been found
30guilty in a criminal proceeding for other than a summary

1offense.

2(vi) Any of the following prohibited conduct where
3the child is 15 years of age or older at the time of the
4alleged conduct:

5(A) Homicide by vehicle as defined in 75 Pa.C.S.
6§ 3732 (relating to homicide by vehicle).

7(B) Aggravated assault by vehicle as defined in
875 Pa.C.S. § 3732.1 (relating to aggravated assault
9by vehicle).

10(C) Homicide by vehicle while driving under
11influence as defined in 75 Pa.C.S. § 3735 (relating
12to homicide by vehicle while driving under
13influence).

14(D) Aggravated assault by vehicle while driving
15under the influence as defined in 75 Pa.C.S. § 3735.1
16(relating to aggravated assault by vehicle while
17driving under the influence).

18* * *

19Section 2. Sections 6322(a) and 6352(a) and (b) of Title 42
20are amended to read:

21§ 6322. Transfer from criminal proceedings.

22(a) General rule.--Except as provided in 75 Pa.C.S. § 6303
23(relating to rights and liabilities of minors) or in the event
24the child is charged with murder or any of the offenses excluded
25by paragraph (2)(ii) [or], (iii) or (vi) of the definition of
26"delinquent act" in section 6302 (relating to definitions) or
27has been found guilty in a criminal proceeding, if it appears to
28the court in a criminal proceeding that the defendant is a
29child, this chapter shall immediately become applicable, and the
30court shall forthwith halt further criminal proceedings, and,

1where appropriate, transfer the case to the division or a judge
2of the court assigned to conduct juvenile hearings, together
3with a copy of the accusatory pleading and other papers,
4documents, and transcripts of testimony relating to the case. If
5it appears to the court in a criminal proceeding charging murder
6or any of the offenses excluded by paragraph (2)(ii) or (iii) of
7the definition of "delinquent act" in section 6302, that the
8defendant is a child, the case may similarly be transferred and
9the provisions of this chapter applied. In determining whether
10to transfer a case charging murder or any of the offenses
11excluded from the definition of "delinquent act" in section
126302, the child shall be required to establish by a
13preponderance of the evidence that the transfer will serve the
14public interest. In determining whether the child has so
15established that the transfer will serve the public interest,
16the court shall consider the factors contained in section
176355(a)(4)(iii) (relating to transfer to criminal proceedings).

18* * *

19§ 6352. Disposition of delinquent child.

20(a) General rule.--If the child is found to be a delinquent
21child the court may make any of the following orders of
22disposition determined to be consistent with the protection of
23the public interest and best suited to the child's treatment,
24supervision, rehabilitation and welfare, which disposition
25shall, as appropriate to the individual circumstances of the
26child's case, provide balanced attention to the protection of
27the community, the imposition of accountability for offenses
28committed and the development of competencies to enable the
29child to become a responsible and productive member of the
30community:

1(1) Any order authorized by section 6351 (relating to
2disposition of dependent child).

3(2) Placing the child on probation under supervision of
4the probation officer of the court or the court of another
5state as provided in section 6363 (relating to ordering
6foreign supervision), under conditions and limitations the
7court prescribes.

8(3) Committing the child to an institution, youth
9development center, camp, or other facility for delinquent
10children operated under the direction or supervision of the
11court or other public authority and approved by the
12Department of Public Welfare.

13(4) If the child is 12 years of age or older, committing
14the child to an institution operated by the Department of
15Public Welfare.

16(5) Ordering payment by the child of reasonable amounts
17of money as fines, costs, fees or restitution as deemed
18appropriate as part of the plan of rehabilitation considering
19the nature of the acts committed and the earning capacity of
20the child, including a contribution to a restitution fund.
21The president judge of the court of common pleas shall
22establish a restitution fund for the deposit of all
23contributions to the restitution fund which are received or
24collected. The president judge of the court of common pleas
25shall promulgate written guidelines for the administration of
26the fund. Disbursements from the fund shall be made, subject
27to the written guidelines and the limitations of this
28chapter, at the discretion of the president judge and used to
29reimburse crime victims for financial losses resulting from
30delinquent acts. For an order made under this subsection, the

1court shall retain jurisdiction until there has been full
2compliance with the order or until the delinquent child
3attains 21 years of age. Any restitution order which remains
4unpaid at the time the child attains 21 years of age shall
5continue to be collectible under section 9728 (relating to
6collection of restitution, reparation, fees, costs, fines and
7penalties).

8(6) An order of the terms of probation may include an
9appropriate fine considering the nature of the act committed
10or restitution not in excess of actual damages caused by the
11child which shall be paid from the earnings of the child
12received through participation in a constructive program of
13service or education acceptable to the victim and the court
14whereby, during the course of such service, the child shall
15be paid not less than the minimum wage of this Commonwealth.
16In ordering such service, the court shall take into
17consideration the age, physical and mental capacity of the
18child and the service shall be designed to impress upon the
19child a sense of responsibility for the injuries caused to
20the person or property of another. The order of the court
21shall be limited in duration consistent with the limitations
22in section 6353 (relating to limitation on and change in
23place of commitment) and in the act of May 13, 1915 (P.L.286, 
24No.177), known as the Child Labor Law. The court order shall
25specify the nature of the work, the number of hours to be
26spent performing the assigned tasks, and shall further
27specify that as part of a plan of treatment and
28rehabilitation that up to 75% of the earnings of the child be
29used for restitution in order to provide positive
30reinforcement for the work performed.

1In selecting from the alternatives set forth in this section,
2the court shall follow the general principle that the
3disposition imposed should provide the means through which the
4provisions of this chapter are executed and enforced consistent
5with section 6301(b) (relating to purposes) and when confinement
6is necessary, the court shall impose the minimum amount of
7confinement that is consistent with the protection of the public
8and the rehabilitation needs of the child. For an offense under 
9paragraph (2)(vi) of the definition of "delinquent act" in 
10section 6302 (relating to definitions), if the case is 
11transferred for disposition under this chapter in accordance 
12with section 6322 (relating to transfer from criminal 
13proceedings), the child shall be subject to the same sentencing 
14guidelines and mandatory minimum sentences as in criminal court. 
15Notwithstanding any other provision of this chapter, for an 
16offense under paragraph (2)(vi) of the definition of "delinquent 
17act" in section 6302, the maximum term of confinement and 
18supervision shall be the same as in criminal court.

19(b) Limitation on place of commitment.--A child shall not be 
20committed or transferred to a penal institution or other 
21facility used primarily for the execution of sentences of adults 
22convicted of a crime. A child committed to a facility designed 
23or operated for the benefit of delinquent children who is 
24younger than 18 years of age may be transferred to an adult 
25facility upon attaining 18 years of age and shall be transferred 
26to an adult facility upon attaining 19 years of age. A person 
27sentenced as a child who is sentenced to confinement for 
28violation of probation or parole after attaining 18 years of age 
29shall be sentenced to a facility that houses adults.

30* * *

1Section 3. This act shall take effect in 60 days.