H1511B3764A09288       DMS:JB  09/22/08    #90             A09288
                       AMENDMENTS TO HOUSE BILL NO. 1511
                                    Sponsor:  SENATOR GREENLEAF
                                           Printer's No. 3764

     1       Amend Title, page 1, line 2, by inserting after "Statutes,"
     2               in juvenile matters, adding definitions;
     3       Amend Title, page 1, line 3, by striking out "in juvenile
     4    matters." and inserting
     5               , for other basic rights and for adjudications of
     6               juveniles.

     7       Amend Bill, page 1, lines 8 through 10, by striking out all
     8    of said lines and inserting
     9       Section 1.  Section 6302 of Title 42 of the Pennsylvania
    10    Consolidated Statutes is amended by adding definitions to read:
    11    § 6302.  Definitions.
    12       The following words and phrases when used in this chapter
    13    shall have, unless the context clearly indicates otherwise, the
    14    meanings given to them in this section:
    15       * * *
    16       "Assessment."  An individualized examination of a child to
    17    determine the child's psychosocial needs and problems, including
    18    the type and extent of any mental health, substance abuse or co-
    19    occurring mental health and substance abuse disorders and
    20    recommendations for treatment. The term includes, but is not
    21    limited to, a drug and alcohol, psychological and psychiatric
    22    evaluation, records review, clinical interview and the
    23    administration of a formal test and instrument.
    24       * * *
    25       "Screening."  A process, regardless of whether it includes
    26    the administration of a formal instrument, that is designed to
    27    identify a child who is at increased risk of having mental
    28    health, substance abuse or co-occurring mental health and
    29    substance abuse disorders that warrant immediate attention,
    30    intervention or more comprehensive assessment.
    31       * * *
    32       Section 2.  Section 6336.1 of Title 42 is amended to read:

    33       Amend Bill, page 5, by inserting between lines 19 and 20
    34       Section 3.  Section 6338 of Title 42 is amended by adding a
    35    subsection to read:


     1    § 6338.  Other basic rights.
     2       * * *
     3       (c)  Statements and information obtained during screening or
     4    assessment.--
     5           (1)  No statements, admissions or confessions made by or
     6       incriminating information obtained from a child in the course
     7       of a screening or assessment that is undertaken in
     8       conjunction with any proceedings under this chapter,
     9       including, but not limited to, that which is court-ordered,
    10       shall be admitted into evidence against the child on the
    11       issue of whether the child committed a delinquent act under
    12       this chapter or on the issue of guilt in any criminal
    13       proceeding.
    14           (2)  The provisions of paragraph (1) are in addition to
    15       and do not override any existing statutory and constitutional
    16       prohibition on the admission into evidence in delinquency and
    17       criminal proceedings of information obtained during
    18       screening, assessment or treatment.
    19       Section 4.  Section 6341(d) of Title 42 is amended and the
    20    section is amended by adding a subsection to read:
    21    § 6341.  Adjudication.
    22       * * *
    23       (b.2)  Evidence on the finding of delinquency.--
    24           (1)  No statements, admissions or confessions made by or
    25       incriminating information obtained from a child in the course
    26       of a screening or assessment that is undertaken in
    27       conjunction with any proceedings under this chapter,
    28       including, but not limited to, that which is court-ordered,
    29       shall be admitted into evidence against the child on the
    30       issue of whether the child committed a delinquent act under
    31       this chapter or on the issue of guilt in any criminal
    32       proceeding.
    33           (2)  The provisions of paragraph (1) are in addition to
    34       and do not override any existing statutory and constitutional
    35       prohibition on the admission into evidence in delinquency and
    36       criminal proceedings of information obtained during
    37       screening, assessment or treatment.
    38       * * *
    39       (d)  Evidence on issue of disposition.--
    40           (1)  (i)  In disposition hearings under subsections (b)
    41           and (c) all evidence helpful in determining the questions
    42           presented, including oral and written reports, may be
    43           received by the court and relied upon to the extent of
    44           its probative value even though not otherwise competent
    45           in the hearing on the petition.
    46               (ii)  Subparagraph (i) includes any screening and
    47           assessment examinations ordered by the court to aid in
    48           disposition, even though no statements or admissions made
    49           during the course thereof may be admitted into evidence
    50           against the child on the issue of whether the child
    51           committed a delinquent act.
    52           (2)  The parties or their counsel shall be afforded an
    53       opportunity to examine and controvert written reports so
    54       received and to cross-examine individuals making the reports.
    55       Sources of information given in confidence need not be
    56       disclosed.
    57       * * *

    58       Amend Sec. 2, page 5, line 20, by striking out "2" and
    HB1511A09288                     - 2 -     

     1    inserting
     2               5



















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