H1419B3166A06244 MAB:NLG 04/05/18 #90 A06244
AMENDMENTS TO HOUSE BILL NO. 1419
Sponsor: REPRESENTATIVE J. HARRIS
Printer's No. 3166
Amend Bill, page 1, line 12, by striking out "TITLE" and
inserting
Titles
Amend Bill, page 1, line 12, by inserting after "OFFENSES)"
and 42 (Judiciary and Judicial Procedure)
Amend Bill, page 1, line 19, by striking out the period after
"LIABILITY" and inserting
; and, in juvenile matters, further providing for inspection of
court files and records and for law enforcement records.
Amend Bill, page 24, by inserting between lines 1 and 2
Section 3. Sections 6307(b) and 6308(b) of Title 42 are
amended to read:
§ 6307. Inspection of court files and records.
* * *
(b) Public availability.--
[(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:
(A) when the child was 14 years of age or older
and the conduct would be considered a felony if
committed by an adult; or
(B) when the child was 12 or 13 years of age and
the 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
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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 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:
(A) when the child was 14 years of age or older
and the conduct would be considered a felony if
committed by an adult; or
(B) when the child was 12 or 13 years of age and
the 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).
(IV) Arson as defined in 18 Pa.C.S. §
3301(a)(1).
(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).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of
the offenses in this subparagraph.]
(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.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 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
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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:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 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.
(2) If the conduct of the child meets the requirements
for disclosure as set forth in paragraph [(1)] (1.1), then
the court shall disclose the name, age and address of the
child, the offenses charged and the disposition of the case.
The judge who adjudicates a child delinquent shall specify
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the particular offenses and counts thereof which the child is
found to have committed, and such information shall be
inserted on any court or law enforcement records or files
disclosed to the public as provided for in this section or in
section 6308(b)(2) (relating to law enforcement records).
* * *
§ 6308. Law enforcement records.
* * *
(b) Public availability.--
[(1) The contents of law enforcement 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:
(A) when the child was 14 years of age or older
and the conduct would be considered a felony if
committed by an adult; or
(B) when the child was 12 or 13 years of age and
the 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 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:
(A) when the child was 14 years of age or older
and the conduct would be considered a felony if
committed by an adult; or
(B) when the child was 12 or 13 years of age and
the conduct would have constituted one or more of the
following offenses if committed by an adult:
(I) Murder.
(II) Voluntary manslaughter.
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(III) Aggravated assault as defined in 18
Pa.C.S. § 2702(a)(1) or (2).
(IV) Arson as defined in 18 Pa.C.S. §
3301(a)(1).
(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).
(IX) Robbery of motor vehicle.
(X) Attempt or conspiracy to commit any of
the offenses in this subparagraph.]
(1.1) The contents of law enforcement 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.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 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
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constituted one or more of the following offenses if
committed by an adult:
(A) Murder.
(B) Voluntary manslaughter.
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 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.
(2) If the conduct of the child meets the requirements
for disclosure as set forth in paragraph [(1)] (1.1), then
the law enforcement agency shall disclose the name, age and
address of the child, the offenses charged and the
disposition of the case.
* * *
Amend Bill, page 24, line 2, by striking out "3" and
inserting
4
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