PRINTER'S NO. 29
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
48
Session of
2017
INTRODUCED BY WILLIAMS AND RAFFERTY, JANUARY 12, 2017
REFERRED TO JUDICIARY, JANUARY 12, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in minors, providing for responsibility of parents
and guardians; and, in juvenile matters, providing 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 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)
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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 under this section, and a
program may not commence or continue without the approval of the
prosecutor. No person may be diverted under a program unless the
program 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 the defendant has
previously been diverted under this section.
(c) Waiver.--If the defendant consents and waives the
defendant's 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
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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 may 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 the
defendant's 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 may 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 may 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
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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.--The
criminal case shall be referred back to the court for resumption
of the criminal proceedings if the court finds, after notice to
the defendant and a hearing, that the defendant:
(1) is not performing satisfactorily in the assigned
program;
(2) has been convicted of a felony; or
(3) has been convicted of a misdemeanor in which force
or violence was used.
(h) Disposition.--If the defendant has performed
satisfactorily during the period of diversion, the criminal
charges shall be dismissed.
(i) Definition.--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 the time the accused is charged until adjudication.
Section 3. This act shall take effect in 60 days.
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