HOUSE AMENDED
PRIOR PRINTER'S NOS. 950, 1042, 1239 PRINTER'S NO. 1514
No. 818 Session of 2001
INTRODUCED BY O'PAKE, MELLOW, MUSTO, LAVALLE, BOSCOLA, COSTA,
WAGNER, LOGAN, TARTAGLIONE, BODACK, GREENLEAF AND HOLL,
MAY 2, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for law
3 enforcement records.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6308(b)(1) of Title 42 of the
7 Pennsylvania 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 if the child is 14 or more years of age at the time
14 of the alleged conduct and if any of] unless ANY OF the <--
15 following apply:
16 (i) The child has been adjudicated delinquent by a
17 court as a result of an act or acts [which include the
1 elements of rape, kidnapping, murder, robbery, arson,
2 burglary, violation of section 13(a)(30) of the act of
3 April 14, 1972 (P.L.233, No.64), known as The Controlled
4 Substance, Drug, Device and Cosmetic Act, or other act
5 involving the use of or threat of serious bodily harm.]
6 committed:
7 (A) when the child was 14 years of age or older and
8 the alleged conduct would be considered a felony if <--
9 committed by an adult; or
10 (B) when the child was 12 or 13 years of age and the
11 alleged conduct would have constituted one or more of the <--
12 following offenses if committed by an adult:
13 (I) Murder.
14 (II) Voluntary manslaughter.
15 (III) Aggravated assault as defined in 18
16 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated
17 assault).
18 (IV) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
19 (relating to arson and related offenses).
20 (V) Involuntary deviate sexual intercourse.
21 (VI) Kidnapping.
22 (VII) Rape.
23 (VIII) Robbery as defined in 18 Pa.C.S. §
24 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
25 (IX) Robbery of motor vehicle.
26 (X) Attempt or conspiracy to commit any of the
27 offenses in this subparagraph.
28 (ii) A petition alleging delinquency has been filed
29 by a law enforcement agency alleging that the child has
30 committed an act or acts [which include the elements of
20010S0818B1514 - 2 -
1 rape, kidnapping, murder, robbery, arson, burglary,
2 violation of section 13(a)(30) of The Controlled
3 Substance, Drug, Device and Cosmetic Act, or other act
4 involving the use of or threat of serious bodily harm]
5 subject to a hearing pursuant to section 6336(e) and the
6 child previously has been adjudicated delinquent by a
7 court as a result of an act or acts [which included the
8 elements of one of such crimes.] committed:
9 (A) when the child was 14 years of age or older and
10 the alleged conduct would be considered a felony if <--
11 committed by an adult; or
12 (B) when the child was 12 or 13 years of age and the
13 alleged conduct would have constituted one or more of the <--
14 following offenses if committed by an adult:
15 (I) Murder.
16 (II) Voluntary manslaughter.
17 (III) Aggravated assault as defined in 18
18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated
19 assault).
20 (IV) Arson as defined in 18 Pa.C.S. § 3301(a)(1)
21 (relating to arson and related offenses).
22 (V) Involuntary deviate sexual intercourse.
23 (VI) Kidnapping.
24 (VII) Rape.
25 (VIII) Robbery as defined in 18 Pa.C.S. §
26 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
27 (IX) Robbery of motor vehicle.
28 (X) Attempt or conspiracy to commit any of the
29 offenses in this subparagraph.
30 * * *
20010S0818B1514 - 3 -
1 Section 2. This act shall take effect in 60 days.
D23L42DMS/20010S0818B1514 - 4 -