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 I22L90DMS/HB1511A09288 - 3 -