PRINTER'S NO. 2444

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1801

Session of

2019

INTRODUCED BY McCLINTON, SCHLOSSBERG, T. DAVIS, McNEILL,

DONATUCCI, ULLMAN, KENYATTA, RABB, HILL-EVANS, KINSEY,

YOUNGBLOOD, CALTAGIRONE, JOHNSON-HARRELL, KIRKLAND, BURGOS,

delivery to court and for place of detention; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 6303(b), 6326(b) and 6327(a), (c),

(c.1), (e) and (f) of Title 42 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 6303. Scope of chapter.

* * *

(b) Minor judiciary.--No child shall be detained, committed

* * *

§ 6326. Release or delivery to court.

* * *

(b) Detention in police lockup generally prohibited.--Unless

a child taken into custody is alleged to have committed [a crime

or summary offense or to be in violation of conditions of

probation or other supervision following an adjudication of

delinquency] the crime of murder, the child may not be detained

in a municipal police lockup or cell or otherwise held securely

within a law enforcement facility or structure which houses an

(a) General rule.--A child alleged to be delinquent may be

detained only in:

court.

agency or one approved by the court.

delinquent children which is under the direction or

supervision of the court or other public authority or private

agency, and is approved by the Department of [Public Welfare]

Under no circumstances shall a child be detained in any facility

with adults, or where the child is apt to be abused by other

children.

* * *

(c) Detention in jail prohibited.--It is unlawful for any

person in charge of or employed by a jail knowingly to receive

for detention or to detain in the jail any person whom he has or

should have reason to believe is a child unless, in a criminal

proceeding, the child has been charged with murder or has been

found guilty of an act set forth in paragraph (2)(i), (ii),

"delinquent act" in section 6302[, who has not been released

on bail] and who may seek or is seeking transfer to juvenile

proceedings under section 6322 (relating to transfer from

criminal proceedings) may be detained in a secure detention

facility approved by the Department of [Public Welfare] Human

Services for the detention of alleged and adjudicated

delinquent children if the attorney for the Commonwealth has

consented to and the court has ordered the detention.

having been charged with murder, who has not been released on

delinquent children or in a facility that houses adult

offenders if the attorney for the Commonwealth has consented

to and the court has ordered the detention.

paragraph (1) or (1.1) or detention in a facility that houses

adult offenders under paragraph (1.1) shall not affect a

child's eligibility for or ability to post bail.

subsection] under paragraph (1), the court shall order the

immediate transfer of the child to the county jail if any of

(A) the court has granted the motion filed under

(B) the child is otherwise under order of

court shall order the immediate transfer of the child to the

county jail if any of the following apply:

(A) the court has granted the motion filed under

(B) the child is otherwise under order of

* * *

(e) Detention of dependent child.--A child alleged to be

adjudicated delinquent children.

(f) Development of approved shelter care programs.--The

Department of [Public Welfare] Human Services shall develop or

assist in the development in each county of this Commonwealth

approved programs for the provision of shelter care for children

needing these services who have been taken into custody under

section 6324 (relating to taking into custody) and for children

referred to or under the jurisdiction of the court.

criminal proceedings to juvenile proceedings pursuant to 42

Pa.C.S. § 6322) are abrogated insofar as they are inconsistent

with this act.

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