Regular Session 2023-2024 House Bill 1551 P.N. 1809

PRINTER'S NO. 1809

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1551

Session of

2023

INTRODUCED BY RABB, BULLOCK, CEPHAS, DELLOSO, FIEDLER, HILL-

EVANS, INNAMORATO, KINKEAD, KRAJEWSKI, MADDEN, N. NELSON,

SANCHEZ, WEBSTER, D. WILLIAMS, KHAN, HOHENSTEIN, WAXMAN,

SHUSTERMAN, BOROWSKI, HOWARD, WARREN, CEPEDA-FREYTIZ AND

GREEN, JUNE 29, 2023

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 29, 2023

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for definitions, for scope of chapter, for

inspection of court files and records, for transfer from

criminal proceedings, for place of detention and for conduct

of hearings and repealing provisions relating to transfer to

criminal proceedings; and making editorial changes.

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." 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.

[(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

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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

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.

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

guilty in a criminal proceeding for other than a summary

offense.]

* * *

Section 2. Sections 6303(b), 6307(b)(1.1) and 6308(a)

introductory paragraph and (c)(1) of Title 42 are amended to

read:

§ 6303. Scope of chapter.

* * *

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

or sentenced to imprisonment by a magisterial district judge or

a judge of the minor judiciary [unless the child is charged with

an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the

definition of "delinquent act" in section 6302 (relating to

definitions)].

* * *

§ 6307. Inspection of court files and records.

* * *

(b) Public availability.--

(1.1) The contents of court records and files concerning

a child shall not be disclosed to the public. [unless any of

the following apply:

(i) The child has been adjudicated delinquent by a

court as a result of an act or acts committed when the

child was 14 years of age or older and the conduct would

have constituted one or more of the following offenses if

committed by an adult:

(A) Murder.

(B) Voluntary manslaughter.

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§ 2702(a)(1) or (2) (relating to aggravated assault).

(D) Sexual Assault as defined in 18 Pa.C.S. §

3124.1 (relating to sexual assault).

(E) Aggravated indecent assault as defined in 18

Pa.C.S. § 3125 (relating to aggravated indecent

assault).

(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1)

(relating to arson and related offenses).

(G) Burglary as a felony in the first degree as

defined in 18 Pa.C.S. § 3502(c)(1) (relating to

burglary).

(H) Involuntary deviate sexual intercourse.

(I) Kidnapping.

(J) Rape.

(K) Robbery as defined in 18 Pa.C.S. § 3701(a)

(1)(i), (ii) or (iii) (relating to robbery).

(L) Robbery of motor vehicle.

(M) Violation of 18 Pa.C.S. Ch. 61 (relating to

firearms and other dangerous articles).

(N) Attempt or conspiracy to commit any of the

offenses in this subparagraph.

(ii) A petition alleging delinquency has been filed

alleging that the child has committed an act or acts

subject to a hearing pursuant to section 6336(e)

(relating to conduct of hearings) and the child

previously has been adjudicated delinquent by a court as

a result of an act or acts committed when the child was

14 years of age or older and the conduct would have

constituted one or more of the following offenses if

committed by an adult:

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(A) Murder.

(B) Voluntary manslaughter.

§ 2702(a)(1) or (2).

(D) Sexual Assault as defined in 18 Pa.C.S. §

3124.1.

(E) Aggravated indecent assault as defined in 18

Pa.C.S. § 3125.

(F) Arson as defined in 18 Pa.C.S. § 3301(a)(1).

(G) Burglary as a felony in the first degree as

defined in 18 Pa.C.S. § 3502(c)(1).

(H) Involuntary deviate sexual intercourse.

(I) Kidnapping.

(J) Rape.

(K) Robbery as defined in 18 Pa.C.S. § 3701(a)

(1)(i), (ii) or (iii).

(L) Robbery of motor vehicle.

(M) Violation of 18 Pa.C.S. Ch. 61.

(N) Attempt or conspiracy to commit any of the

offenses in this subparagraph.]

* * *

§ 6308. Law enforcement records.

(a) General rule.--Law enforcement records and files

concerning a child shall be kept separate from the records and

files of arrests of adults. Unless [a charge of delinquency is

transferred for criminal prosecution under section 6355

(relating to transfer to criminal proceedings),] the interest of

national security requires[,] or the court otherwise orders in

the interest of the child, the records and files shall not be

open to public inspection or their contents disclosed to the

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public except as provided in subsection (b); but inspection of

the records and files is permitted by:

* * *

(1) Law enforcement officers shall have the authority to

take or cause to be taken the fingerprints or photographs, or

both, of any child who is alleged to have committed an act

designated as a misdemeanor or felony under the laws of this

Commonwealth or of another state if the act occurred in that

state or under Federal law. If a child is found to be a

delinquent child pursuant to section 6341 (relating to

adjudication) on the basis of an act designated as a

misdemeanor or felony [or the child's case is transferred for

criminal prosecution pursuant to section 6355], the law

enforcement agency that alleged the child to be a delinquent

child shall take or cause to be taken the fingerprints and

photographs of the child, if not previously taken pursuant to

this case, and ensure that these records are forwarded to the

central repository pursuant to section 6309(c) (relating to

juvenile history record information). If a child was alleged

to be delinquent by other than a law enforcement agency, the

court shall direct the juvenile probation department to

ensure that the delinquent child's fingerprints and

photographs are taken by a law enforcement agency.

* * *

Section 3. Section 6322(a) of Title 42 is amended and the

section is amended by adding a subsection to read:

§ 6322. Transfer from criminal proceedings.

(a) General rule.--Except as provided in 75 Pa.C.S. § 6303

(relating to rights and liabilities of minors) or in the event

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the child [is charged with 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) or]

has been found guilty in a criminal proceeding, if it appears to

the court in a criminal proceeding that the defendant [is a

child] was a child at the time of the offense, this chapter

shall immediately become applicable, and the court shall

forthwith halt further criminal proceedings, and, where

appropriate, transfer the case to the division or a judge of the

court assigned to conduct juvenile hearings, together with a

copy of the accusatory pleading and other papers, documents, and

transcripts of testimony relating to the case. [If it appears to

the court in a criminal proceeding charging murder or any of the

offenses excluded by paragraph (2)(ii) or (iii) of the

definition of "delinquent act" in section 6302, that the

defendant is a child, the case may similarly be transferred and

the provisions of this chapter applied. In determining whether

to transfer a case charging murder or any of the offenses

excluded from the definition of "delinquent act" in section

6302, the child shall be required to establish by a

preponderance of the evidence that the transfer will serve the

public interest. In determining whether the child has so

established that the transfer will serve the public interest,

the court shall consider the factors contained in section

6355(a)(4)(iii) (relating to transfer to criminal proceedings).]

* * *

(f) Transfer of cases back to juvenile court.--In the case

of an individual who was under 18 years of age at the time of

the offense and whose case has already been transferred or is

otherwise within the adult criminal justice system, the case

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shall be returned to juvenile court in accordance with

subsection (a).

Section 4. Sections 6327(c), (c.1) and (d), 6336(e),

6337.1(b)(3)(ii) and 6339(a) of Title 42 are amended to read:

§ 6327. Place of detention.

* * *

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 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 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

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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

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.

(d) Transfer of child subject to criminal proceedings.--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.]

* * *

§ 6336. Conduct of hearings.

* * *

[(e) Open proceedings.--The general public shall not be

excluded from any hearings under this chapter:

(1) Pursuant to a petition alleging delinquency where

the child was 14 years of age or older at the time of the

alleged conduct and the alleged conduct would be considered a

felony if committed by an adult.

(2) Pursuant to a petition alleging delinquency where

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the child was 12 years of age or older at the time of the

alleged conduct and where the alleged conduct would have

constituted one or more of the following offenses if

committed by an adult:

(i) Murder.

(ii) Voluntary manslaughter.

(iii) Aggravated assault as defined in 18 Pa.C.S. §

2702(a)(1) or (2) (relating to aggravated assault).

(iv) Arson as defined in 18 Pa.C.S. § 3301(a)(1)

(relating to arson and related offenses).

(v) Involuntary deviate sexual intercourse.

(vi) Kidnapping.

(vii) Rape.

(viii) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)

(i), (ii) or (iii) (relating to robbery).

(ix) Robbery of motor vehicle.

(x) Attempt or conspiracy to commit any of the

offenses in this paragraph.

Notwithstanding anything in this subsection, the proceedings

shall be closed upon and to the extent of any agreement between

the child and the attorney for the Commonwealth.]

* * *

§ 6337.1. Right to counsel for children in dependency and

delinquency proceedings.

* * *

(b) Children in delinquency proceedings.--

* * *

(3) Notwithstanding paragraph (1), a child who is 14

years of age or older may waive the right to counsel if the

court has determined that the waiver is knowingly,

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intelligently and voluntarily made after having conducted a

colloquy with the child on the record, in accordance with the

Pennsylvania Rules of Juvenile Court Procedure, and the

hearing for which waiver is sought is not one of the

following:

* * *

[(ii) A hearing to consider transfer to criminal

proceedings under section 6355 (relating to transfer to

criminal proceedings).]

* * *

§ 6339. Investigation and report.

(a) General rule.--If the allegations of a petition are

admitted by a [party or notice of hearing under section 6355

(relating to transfer to criminal proceedings) has been given],

the court, prior to the hearing on need for treatment or

disposition, may direct that a social study and report in

writing to the court be made by an officer of the court or other

person designated by the court, concerning the child, his

family, his environment, and other matters relevant to

disposition of the case. If the allegations of the petition are

not admitted [and notice of a hearing under section 6355 has not

been given], the court shall not direct the making of the study

and report until after the court has held a hearing on the

petition upon notice of hearing given pursuant to this chapter

and the court has found that the child committed a delinquent

act or is a dependent child.

* * *

Section 5. Section 6355 of Title 42 is repealed:

[§ 6355. Transfer to criminal proceedings.

(a) General rule.--After a petition has been filed alleging

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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 or more years of age at the time of

the alleged conduct.

(2) A hearing on whether the transfer should be made is

held in conformity with this chapter.

(3) Notice in writing of the time, place, and purpose of

the hearing is given to the child and his parents, guardian,

or other custodian at least three days before the hearing.

(4) The court finds:

(i) that there is a prima facie case that the child

committed the delinquent act alleged;

(ii) that the delinquent act would be considered a

felony if committed by an adult;

(iii) that there are reasonable grounds to believe

that the public interest is served by the transfer of the

case for criminal prosecution. In determining whether the

public interest can be served, the court shall consider

the following factors:

(A) the impact of the offense on the victim or

victims;

(B) the impact of the offense on the community;

any individual posed by the child;

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(D) the nature and circumstances of the offense

allegedly committed by the child;

(E) the degree of the child's culpability;

(F) the adequacy and duration of dispositional

alternatives available under this chapter and in the

adult criminal justice system; and

(G) whether the child is amenable to treatment,

supervision or rehabilitation as a juvenile by

considering the following factors:

(I) age;

(II) mental capacity;

(III) maturity;

(IV) the degree of criminal sophistication

exhibited by the child;

(V) previous records, if any;

(VI) the nature and extent of any prior

delinquent history, including the success or

failure of any previous attempts by the juvenile

court to rehabilitate the child;

(VII) whether the child can be rehabilitated

prior to the expiration of the juvenile court

jurisdiction;

(VIII) probation or institutional reports,

if any;

(IX) any other relevant factors; and

(iv) that there are reasonable grounds to believe

that the child is not committable to an institution for

the mentally retarded or mentally ill.

(b) Chapter inapplicable following transfer.--The transfer

terminates the applicability of this chapter over the child with

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respect to the delinquent acts alleged in the petition.

that the case be transferred for prosecution in which event the

court may order this chapter not applicable.

(d) Effect of transfer from criminal proceedings.--No

hearing shall be conducted where this chapter becomes applicable

because of a previous determination by the court in a criminal

proceeding.

(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

to transfer from criminal proceedings) from the division or a

judge of the court assigned to conduct criminal proceedings.

(f) Transfer action interlocutory.--The decision of the

court to transfer or not to transfer the case shall be

interlocutory.

(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

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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

the child is amenable to treatment, supervision or

rehabilitation as a juvenile shall rest with the child.]

Section 6. This act shall apply to all proceedings that

commence on or after the effective date of this section.

Section 7. This act shall take effect in 60 days.

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