Regular Session 2021-2022 Senate Bill 1233 P.N. 1652

PRINTER'S NO. 1652

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1233

Session of

2022

INTRODUCED BY YAW, CAPPELLETTI, COLLETT, KANE, COSTA, J. WARD,

BARTOLOTTA AND SAVAL, MAY 18, 2022

REFERRED TO JUDICIARY, MAY 18, 2022

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for definitions, repealing provisions

relating to summary offenses, providing for financial

obligations imposed on child and further providing for

disposition of delinquent child.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "child" and "delinquent act"

in section 6302 of Title 42 of the Pennsylvania Consolidated

Statutes are 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:

* * *

"Child." An individual who:

(1) is under the age of 18 years;

(2) is under the age of 21 years who committed an act of

delinquency before reaching the age of 18 years; or

(3) is under the age of 21 years and was adjudicated

dependent before reaching the age of 18 years, who has

requested the court to retain jurisdiction and who remains

under the jurisdiction of the court as a dependent child

because the court has determined that the child is:

(i) completing secondary education or an equivalent

credential;

(ii) enrolled in an institution which provides

postsecondary or [vocational] career and technical

education;

(iii) participating in a program actively designed

to promote or remove barriers to employment;

(iv) employed for at least 80 hours per month; or

(v) incapable of doing any of the activities

described in subparagraph (i), (ii), (iii) or (iv) due to

a medical or behavioral health condition, which is

supported by regularly updated information in the

permanency plan of the child.

* * *

"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 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.

20220SB1233PN1652 - 2 -

(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).

§ 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

(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

20220SB1233PN1652 - 3 -

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.

(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.

(v) A crime committed by a child who has been found

guilty in a criminal proceeding for other than a summary

offense.

(vi) The failure of a child to comply with a lawful

sentence imposed for a summary offense.

* * *

Section 2. Section 6304.1 of Title 42 is repealed:

[§ 6304.1. Summary offenses.

(a) Review.--

20220SB1233PN1652 - 4 -

(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).

(b) Administration of money.--Any money subsequently paid by

the child pursuant to the disposition of the charges shall be

administered and disbursed in accordance with written guidelines

adopted by the president judge of the court of common pleas. The

court may direct that any portion of the money received from the

child shall be deposited into a restitution fund established by

the president judge of the court of common pleas pursuant to

section 6352(a)(5) (relating to disposition of delinquent

child).]

Section 3. Title 42 is amended by adding a section to read:

§ 6312. Financial obligations imposed on child.

(a) General rule.--Except as provided in subsection (b), a

20220SB1233PN1652 - 5 -

child or a child's parent, guardian or custodian shall not be

required to pay a fee, cost or other monetary obligation under

this chapter, including for participation in a program,

evaluation or service or as part of an informal adjustment,

consent decree or order of disposition.

(b) Exception for restitution.--Subsection (a) does not

apply to restitution ordered under section 6352(a)(5) (relating

to disposition of delinquent child).

Section 4. Section 6352(a)(5) and (6) of Title 42 are

amended to read:

§ 6352. Disposition of delinquent child.

(a) General rule.--If the child is found to be a delinquent

child the court may make any of the following orders of

disposition determined to be consistent with the protection of

the public interest and best suited to the child's treatment,

supervision, rehabilitation and welfare, which disposition

shall, as appropriate to the individual circumstances of the

child's case, provide balanced attention to the protection of

the community, the imposition of accountability for offenses

committed and the development of competencies to enable the

child to become a responsible and productive member of the

community:

* * *

(5) Ordering payment by the child of a reasonable

[amounts] amount of money [as fines, costs, fees or] for

restitution as deemed appropriate as part of the plan of

rehabilitation considering the nature of the acts committed

and the earning capacity of the child, including a

contribution to a restitution fund not to exceed $10. The

president judge of the court of common pleas shall establish

20220SB1233PN1652 - 6 -

a restitution fund for the deposit of all contributions to

the restitution fund which are received or collected. The

president judge of the court of common pleas shall promulgate

written guidelines for the administration of the fund.

Disbursements from the fund shall be made, subject to the

written guidelines and the limitations of this chapter, at

the discretion of the president judge and used to reimburse

crime victims for financial losses resulting from delinquent

acts. For an order made under this subsection, the court

shall retain jurisdiction until there has been full

compliance with the order or until the delinquent child

attains 21 years of age. Any restitution order which remains

unpaid at the time the child attains 21 years of age shall

continue to be collectible under section 9728 (relating to

collection of restitution, reparation, fees, costs, fines and

penalties).

(6) An order of the terms of probation may include [an]

appropriate [fine considering the nature of the act committed

or] restitution not in excess of actual damages caused by the

child which shall be paid from the earnings of the child

received through participation in a constructive program of

service or education acceptable to the victim and the court

whereby, during the course of such service, the child shall

be paid not less than the minimum wage of this Commonwealth.

In ordering such service, the court shall take into

consideration the age, physical and mental capacity of the

child and the service shall be designed to impress upon the

child a sense of responsibility for the injuries caused to

the person or property of another. The order of the court

shall be limited in duration consistent with the limitations

20220SB1233PN1652 - 7 -

in section 6353 (relating to limitation on and change in

place of commitment) and in the act of [May 13, 1915

(P.L.286, No.177), known as the Child Labor Law] October 24,

2012 (P.L.1209, No.151), known as the Child Labor Act. The

court order shall specify the nature of the work, the number

of hours to be spent performing the assigned tasks, and shall

further specify that as part of a plan of treatment and

rehabilitation that up to 75% of the earnings of the child be

used for restitution in order to provide positive

reinforcement for the work performed.

In selecting from the alternatives set forth in this section,

the court shall follow the general principle that the

disposition imposed should provide the means through which the

provisions of this chapter are executed and enforced consistent

with section 6301(b) (relating to purposes) and when confinement

is necessary, the court shall impose the minimum amount of

confinement that is consistent with the protection of the public

and the rehabilitation needs of the child.

* * *

Section 5. This act shall take effect in 60 days.

20220SB1233PN1652 - 8 -