PRINTER'S NO. 3497
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2153
Session of
2015
INTRODUCED BY NESBIT, WATSON, MILLARD, LONGIETTI, GIBBONS,
JOZWIAK, D. COSTA, THOMAS, SAYLOR, PHILLIPS-HILL AND
ZIMMERMAN, JUNE 9, 2016
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 9, 2016
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for definitions and for summary offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "delinquent act" in section
6302 of Title 42 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Delinquent act."
(1) The term means an act designated a crime under the
law of this Commonwealth, or of another state if the act
occurred in that state, or under Federal law, [or under local
ordinances] or an act which constitutes indirect criminal
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contempt under Chapter 62A (relating to protection of victims
of sexual violence or intimidation) with respect to sexual
violence or 23 Pa.C.S. Ch. 61 (relating to protection from
abuse) or the failure of a child to comply with a lawful
sentence imposed for a summary offense, in which event notice
of such fact shall be certified to the court.
(2) The term shall not include:
(i) The crime of murder.
(ii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and a deadly weapon as defined in 18
Pa.C.S. § 2301 (relating to definitions) was used during
the commission of the offense which, if committed by an
adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121
(relating to rape).
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(E) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(F) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
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(relating to kidnapping).
(H) Voluntary manslaughter.
(I) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
(relating to criminal solicitation) and 903 (relating
to criminal conspiracy).
(iii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and has been previously adjudicated
delinquent of any of the following prohibited conduct
which, if committed by an adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121.
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(D) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
(G) Voluntary manslaughter.
(H) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901, 902 and 903.
(iv) Summary offenses[, unless the child fails to
comply with a lawful sentence imposed thereunder, in
which event notice of such fact shall be certified to the
court].
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(v) A crime committed by a child who has been found
guilty in a criminal proceeding for other than a summary
offense.
* * *
Section 2. Section 6304.1(a) of Title 42 is amended to read:
§ 6304.1. Summary offenses.
(a) Review.--
(1) Upon notice being certified to the court that a
child has failed to comply with a lawful sentence imposed for
a summary offense, a probation officer shall review the
complaints and charges of delinquency pursuant to section
6304 (relating to powers and duties of probation officers)
for the purpose of considering the commencement of
proceedings under this chapter.
(2) A proceeding commenced pursuant to the review in
this subsection is a separate action from the underlying
summary conviction. For the purposes of proceedings commenced
pursuant to this section, failure to comply with a lawful
sentence imposed for a summary offense is an alleged
delinquent act.
(3) Any reference to the underlying summary conviction
is solely for the purpose of the certification from the
magisterial district judge to the court of common pleas that
the juvenile was convicted of the summary offense and failed
to comply pursuant to section 4132(2) (relating to attachment
and summary punishment for contempts).
* * *
Section 3. This act shall take effect in 60 days.
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