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SENATE AMENDED
PRIOR PRINTER'S NO. 123
PRINTER'S NO. 3607
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
159
Session of
2017
INTRODUCED BY NESBIT, MARSICO, WATSON, ROZZI, A. HARRIS, WARD,
RADER, GABLER, JOZWIAK, KORTZ, BARBIN, MICCARELLI,
BENNINGHOFF AND D. COSTA, JANUARY 23, 2017
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
JUNE 5, 2018
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
AND FOR ADJUDICATION.
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
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occurred in that state, or under Federal law, [or under local
ordinances] or an act which constitutes indirect criminal
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 the 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
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assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
(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
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which event notice of such fact shall be certified to the
court].
(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) SECTIONS 6304.1(A) AND 6341(B)
of Title 42 is ARE 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 under the review in this
subsection is a separate action from the underlying summary
conviction. For the purposes of proceedings commenced under
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 under section 4132(2) (relating to attachment and
summary punishment for contempts).
* * *
§ 6341. ADJUDICATION.
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* * *
(B) FINDING OF DELINQUENCY.--IF THE COURT FINDS ON PROOF
BEYOND A REASONABLE DOUBT THAT THE CHILD COMMITTED THE ACTS BY
REASON OF WHICH HE IS ALLEGED TO BE DELINQUENT IT SHALL ENTER
SUCH FINDING ON THE RECORD AND SHALL SPECIFY THE PARTICULAR
OFFENSES, INCLUDING THE GRADING AND COUNTS THEREOF WHICH THE
CHILD IS FOUND TO HAVE COMMITTED. THE COURT SHALL THEN PROCEED
IMMEDIATELY OR AT A POSTPONED HEARING, WHICH SHALL OCCUR NOT
LATER THAN 20 DAYS AFTER SUCH FINDING IF THE CHILD IS IN
DETENTION OR NOT MORE THAN 60 DAYS AFTER SUCH FINDING IF THE
CHILD IS NOT IN DETENTION, TO HEAR EVIDENCE AS TO WHETHER THE
CHILD IS IN NEED OF TREATMENT, SUPERVISION OR REHABILITATION, AS
ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE, AND TO MAKE AND
FILE ITS FINDINGS THEREON. THIS TIME LIMITATION MAY ONLY BE
EXTENDED PURSUANT TO THE AGREEMENT OF THE CHILD AND THE ATTORNEY
FOR THE COMMONWEALTH. THE COURT'S FAILURE TO COMPLY WITH THE
TIME LIMITATIONS STATED IN THIS SECTION SHALL NOT BE GROUNDS FOR
DISCHARGING THE CHILD OR DISMISSING THE PROCEEDING. IN THE
ABSENCE OF EVIDENCE TO THE CONTRARY, EVIDENCE OF THE COMMISSION
OF ACTS WHICH CONSTITUTE A FELONY SHALL BE SUFFICIENT TO SUSTAIN
A FINDING THAT THE CHILD IS IN NEED OF TREATMENT, SUPERVISION OR
REHABILITATION. IF THE COURT FINDS THAT THE CHILD IS NOT IN NEED
OF TREATMENT, SUPERVISION OR REHABILITATION IT SHALL DISMISS THE
PROCEEDING AND DISCHARGE THE CHILD FROM ANY DETENTION OR OTHER
RESTRICTION THERETOFORE ORDERED.
* * *
Section 3. This act shall take effect in 60 days.
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