PRINTER'S NO. 1655
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1240
Session of
2022
INTRODUCED BY BARTOLOTTA, A. WILLIAMS, COSTA, SCHWANK, KEARNEY
AND CAPPELLETTI, MAY 20, 2022
REFERRED TO JUDICIARY, MAY 20, 2022
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for definitions, for place of detention and
for transfer to criminal proceedings.
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 an act which
constitutes indirect criminal contempt under Chapter 62A
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(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
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.
(v) A crime committed by a child who has been found
guilty in a criminal proceeding for other than a summary
offense.] summary offenses.
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* * *
Section 2. Sections 6327 and 6355(a)(1), (e) and (g) of
Title 42 are amended to read:
§ 6327. Place of detention.
(a) General rule.--A child alleged to be delinquent may be
detained only in:
(1) A licensed foster home or a home approved by the
court.
(2) A facility operated by a licensed child welfare
agency or one approved by the court.
(3) A detention home, camp, center or other facility for
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]
Human Services.
(4) Any other suitable place or facility, designated or
operated by the court and approved by the Department of
[Public Welfare] Human Services.
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.
(b) Report by correctional officer of receipt of child.--The
official in charge of a jail or other facility for the detention
of adult offenders or persons charged with crime shall inform
the court immediately if a person who is or appears to be under
the age of 18 years is received at the facility and shall bring
[him] the person before the court upon request or deliver [him]
the person to a detention or shelter care facility designated by
the court.
(c) Detention in jail prohibited.--It is unlawful for any
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person in charge of or employed by a jail knowingly to receive
for detention or to detain in the jail any other person whom
[he] the person in charge or so employed has or should have
reason to believe is a child [unless, in a criminal proceeding,
the child has been charged with or has been found guilty of an
act set forth in paragraph (2)(i), (ii), (iii) or (v) of the
definition of "delinquent act" in section 6302 (relating to
definitions)].
(c.1) Detention of child.--
(1) A child who is subject to criminal proceedings
[having been charged with an act set forth under paragraph
(2)(i), (ii) or (iii) of the definition of "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.
(2) Secure detention ordered under this subsection shall
not affect a child's eligibility for or ability to post bail.
[(3) For a child held in secure detention under this
subsection, the court shall order the immediate transfer of
the child to the county jail if any of the following apply:
(i) The court determines that the child is no longer
seeking transfer under section 6322.
(ii) The court denies the motion filed under section
6322.
(iii) The child attains 18 years of age. This
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subparagraph does not apply if:
(A) the court has granted the motion filed under
section 6322; or
(B) the child is otherwise under order of
commitment to the secure detention facility pursuant
to the jurisdiction of the court in a delinquency
matter.]
(4) For a child held in secure detention under this
subsection, the court may order the immediate transfer of the
child to the county jail if the child attains 18 years of
age. This paragraph does not apply if:
(i) the court has granted the motion filed under
section 6322; or
(ii) the child is otherwise under order of
commitment to the secure detention facility pursuant to
the jurisdiction of the court in a delinquency matter.
(d) Transfer of child subject to criminal proceedings.--
(1) If a case is transferred for criminal prosecution
the child may be transferred to the appropriate officer or
detention facility in accordance with the law governing the
detention of persons charged with crime. The court in making
the transfer may order continued detention as a juvenile
pending trial if the child is unable to provide bail.
(2) Notwithstanding any other provision of law, no child
under 18 years of age may be transferred to an adult jail.
(e) Detention of dependent child.--A child alleged to be
dependent may be detained or placed only in a Department of
Public Welfare approved shelter care facility as stated in
subsection (a)(1), (2) and (4), and shall not be detained in a
jail or other facility intended or used for the detention of
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adults charged with criminal offenses, but may be detained in
the same shelter care facilities with alleged or adjudicated
delinquent children.
(f) Development of approved shelter care programs.--The
Department of Public Welfare 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.
§ 6355. Transfer to criminal proceedings.
(a) General rule.--After a petition has been filed alleging
delinquency based on conduct which is designated a crime or
public offense under the laws, including local ordinances, of
this Commonwealth, the court before hearing the petition on its
merits may rule that this chapter is not applicable and that the
offense should be prosecuted, and transfer the offense, where
appropriate, to the division or a judge of the court assigned to
conduct criminal proceedings, for prosecution of the offense if
all of the following exist:
(1) The child was [14] 16 or more years of age at the
time of the alleged conduct.
* * *
[(e) Murder and other excluded acts.--Where the petition
alleges conduct which if proven would constitute murder, or any
of the offenses excluded by paragraph (2)(ii) or (iii) of the
definition of "delinquent act" in section 6302 (relating to
definitions), the court shall require the offense to be
prosecuted under the criminal law and procedures, except where
the case has been transferred pursuant to section 6322 (relating
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to transfer from criminal proceedings) from the division or a
judge of the court assigned to conduct criminal proceedings.]
* * *
(g) Burden of proof.--The burden of establishing by a
preponderance of evidence that the public interest is served by
the transfer of the case to criminal court and that a child is
not amenable to treatment, supervision or rehabilitation as a
juvenile shall rest with the Commonwealth. [unless the following
apply:
(1) (i) a deadly weapon as defined in 18 Pa.C.S. § 2301
(relating to definitions) was used and the child was 14
years of age at the time of the offense; or
(ii) the child was 15 years of age or older at the
time of the offense and was previously adjudicated
delinquent of a crime that would be considered a felony
if committed by an adult; and
(2) there is a prima facie case that the child committed
a delinquent act which, if committed by an adult, would be
classified as rape, involuntary deviate sexual intercourse,
aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or
(2) (relating to aggravated assault), robbery as defined in
18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
robbery), robbery of motor vehicle, aggravated indecent
assault, kidnapping, voluntary manslaughter, an attempt,
conspiracy or solicitation to commit any of these crimes or
an attempt to commit murder as specified in paragraph (2)(ii)
of the definition of "delinquent act" in section 6302.
If either of the preceding criteria are met, the burden of
establishing by a preponderance of the evidence that retaining
the case under this chapter serves the public interest and that
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the child is amenable to treatment, supervision or
rehabilitation as a juvenile shall rest with the child.]
Section 3. This act shall take effect in 60 days.
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