PRINTER'S NO. 1404

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1265 Session of 1981


        INTRODUCED BY CIMINI, APRIL 22, 1981

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 22, 1981

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for the
     3     public availability of the law enforcement records of certain
     4     children.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 6308(b) of Title 42, act of November 25,
     8  1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
     9  Statutes, is amended to read:
    10  § 6308.  Law enforcement records.
    11     * * *
    12     (b)  Public availability.--
    13         (1)  The contents of law enforcement records and files
    14     concerning a child shall not be disclosed to the public
    15     except if the child is 14 or more years of age at the time of
    16     the alleged conduct and if:
    17             (i)  the child has been adjudicated delinquent by a
    18         court as a result of an act or acts which include the


     1         elements of [rape,] kidnapping, murder, robbery, arson,
     2         burglary or other act involving the use of or threat of
     3         serious bodily harm; [or]
     4             (ii)  a petition alleging delinquency has been filed
     5         by a law enforcement agency alleging that the child has
     6         committed an act or acts which include the elements of
     7         [rape,] kidnapping, murder, robbery, arson, burglary or
     8         other act involving the use of or threat of serious
     9         bodily harm and the child previously has been adjudicated
    10         delinquent by a court as a result of an act or acts which
    11         included the elements of one of such crimes;
    12             (iii)  a petition alleging delinquency has been filed
    13         by a law enforcement agency alleging that the child has
    14         committed an act or acts which include the elements of
    15         rape or involuntary deviate sexual intercourse; or
    16             (iv)  the child has, on three separate occasions been
    17         adjudicated a delinquent by a court.
    18         (2)  If the conduct of the child meets the requirements
    19     for disclosure as set forth in paragraph (1), then the court
    20     or law enforcement agency, as the case may be, shall
    21     [disclose] publish the name of the child and the nature of
    22     the conduct in question.
    23     * * *
    24     Section 2.  This act shall take effect in 60 days.




    B11L42RW/19810H1265B1404         - 2 -