PRIOR PRINTER'S NO. 3166 PRINTER'S NO. 4553
No. 2279 Session of 2003
INTRODUCED BY WEBER, ARMSTRONG, BAKER, CAPPELLI, CRAHALLA, CRUZ,
DENLINGER, FABRIZIO, FICHTER, GEIST, GINGRICH, GODSHALL,
GOODMAN, HARRIS, HERMAN, HORSEY, KELLER, LEWIS, MARSICO,
McGEEHAN, S. MILLER, O'NEILL, PAYNE, REICHLEY, ROSS,
SCHRODER, B. SMITH, SOLOBAY, E. Z. TAYLOR, J. TAYLOR, THOMAS,
TIGUE, WATSON, YOUNGBLOOD, SCRIMENTI, HARPER, DALEY AND
HICKERNELL, DECEMBER 23, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 19, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 public availability of law enforcement records.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6308(b) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6308. Law enforcement records.
9 * * *
10 (b) Public availability.--
11 (1) The contents of law enforcement records and files
12 concerning a child shall not be disclosed to the public
13 except: <--
14 (i) if the child is 14 or more years of age at the
15 EXCEPT IF THE CHILD IS 14 OR MORE YEARS OF AGE AT THE <--
1 time of the alleged conduct and if any of the following
2 apply:
3 [(i)] (A) The child has been adjudicated <--
4 delinquent by a court as a result of an act or acts
5 which include the elements of rape, kidnapping,
6 murder, robbery, arson, burglary, violation of
7 section 13(a)(30) of the act of April 14, 1972
8 (P.L.233, No.64), known as The Controlled Substance,
9 Drug, Device and Cosmetic Act, or other act involving
10 the use of or threat of serious bodily harm.
11 [(ii)] (B) A petition alleging delinquency has <--
12 been filed by a law enforcement agency alleging that
13 the child has committed an act or acts which include
14 the elements of rape, kidnapping, murder, robbery,
15 arson, burglary, violation of section 13(a)(30) of
16 The Controlled Substance, Drug, Device and Cosmetic
17 Act, or other act involving the use of or threat of
18 serious bodily harm and the child previously has been
19 adjudicated delinquent by a court as a result of an
20 act or acts which included the elements of one of
21 such crimes[.]; or <--
22 (ii) if a child who has been detained as provided in
23 section 6327(a)(3) or (4) (relating to place of
24 detention) or has been committed into an institution,
25 youth development center, camp or other facility for
26 delinquent children as provided in section 6352(a)(3) or
27 (4) (relating to disposition of delinquent child) escapes
28 from detention or commitment and has not been apprehended
29 by law enforcement.
30 (2) If the conduct of the child meets the requirements
20030H2279B4553 - 2 -
1 for disclosure as set forth in paragraph (1)(i) (1), then the <--
2 court or law enforcement agency, as the case may be, shall
3 disclose the name, age and address of the child, the offenses
4 charged and the disposition of the case. The master or judge
5 who adjudicates a child delinquent shall specify the
6 particular offenses and counts thereof which the child is
7 found to have committed and such information shall be
8 inserted on any law enforcement records or files disclosed to
9 the public as provided for in this section.
10 (3) If the conduct of the child meets the requirements <--
11 for disclosure as set forth in paragraph (1)(ii), then the
12 court or law enforcement agency may disclose any of the
13 following, if available:
14 (i) The child's name, including other names by which
15 the child is known.
16 (ii) The child's physical description, including
17 sex, weight, height, race, ethnicity, eye color, hair
18 color, scars, marks and tattoos.
19 (iii) A photograph of the child.
20 (iv) The charge for which the child is sought, for
21 which the child was adjudicated or for which the child
22 was committed.
23 (v) Other information which may expedite the
24 apprehension of the child that does not violate the
25 disclosure provisions of any other statute.
26 (vi) Other information that may be necessary to
27 protect the public that does not violate the disclosure
28 provisions of any other statute.
29 (3) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (B)(1), <--
30 IF A CHILD WHO HAS BEEN DETAINED AS PROVIDED IN SECTION
20030H2279B4553 - 3 -
1 6327(A)(3) OR (4) (RELATING TO PLACE OF DETENTION) OR HAS
2 BEEN COMMITTED INTO AN INSTITUTION, YOUTH DEVELOPMENT CENTER,
3 CAMP OR OTHER FACILITY FOR DELINQUENT CHILDREN AS PROVIDED IN
4 SECTION 6352(A)(3) OR (4) (RELATING TO DISPOSITION OF
5 DELINQUENT CHILD) ESCAPES FROM DETENTION OR COMMITMENT AND
6 HAS NOT BEEN APPREHENDED, THEN THE COURT OR LAW ENFORCEMENT
7 AGENCY MAY DISCLOSE ANY OF THE FOLLOWING, IF AVAILABLE:
8 (I) THE CHILD'S NAME, INCLUDING OTHER NAMES BY WHICH
9 THE CHILD IS KNOWN.
10 (II) THE CHILD'S PHYSICAL DESCRIPTION, INCLUDING
11 SEX, WEIGHT, HEIGHT, RACE, ETHNICITY, EYE COLOR, HAIR
12 COLOR, SCARS, MARKS AND TATTOOS.
13 (III) A PHOTOGRAPH OF THE CHILD.
14 (IV) THE DELINQUENT ACT THAT THE CHILD IS ALLEGED TO
15 HAVE COMMITTED OR WHICH WAS THE BASIS FOR THE
16 ADJUDICATION OF DELINQUENCY.
17 (V) OTHER INFORMATION THAT MAY EXPEDITE THE
18 APPREHENSION OF THE CHILD OR BE NECESSARY TO PROTECT THE
19 PUBLIC, IF SUCH INFORMATION DOES NOT VIOLATE THE
20 DISCLOSURE PROVISIONS OF ANY OTHER STATUTE.
21 THE INFORMATION DISCLOSED PURSUANT TO THIS PARAGRAPH MAY BE
22 USED ONLY TO AID IN THE APPREHENSION OF THE CHILD.
23 * * *
24 Section 2. This act shall take effect in 60 days.
K25L42BIL/20030H2279B4553 - 4 -