PRIOR PRINTER'S NO. 662 PRINTER'S NO. 1436
No. 599 Session of 1995
INTRODUCED BY BISHOP, FAIRCHILD, LAUGHLIN, BELFANTI, PESCI,
HERMAN, TRELLO, WAUGH, MIHALICH, DeLUCA, BROWNE, TIGUE,
BATTISTO, ROONEY, FAJT, ROEBUCK, KENNEY, BELARDI, ITKIN AND
BOSCOLA, FEBRUARY 7, 1995
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 21, 1995
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for law <--
3 enforcement records. ADJUDICATION. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6308(a) of Title 42 of the Pennsylvania <--
7 Consolidated Statutes is amended to read:
8 § 6308. Law enforcement records.
9 (a) General rule.--Except as provided in section 6309
10 (relating to juvenile history record information), the law
11 enforcement records and files concerning a child shall be kept
12 separate from the records and files of arrests of adults. Unless
13 a charge of delinquency is transferred for criminal prosecution
14 under section 6355 (relating to transfer to criminal
15 proceedings), the interest of national security requires, or the
16 court otherwise orders in the interest of the child, the records
17 and files shall not be open to public inspection or their
1 contents disclosed to the public except as provided in
2 subsection (b); but inspection of the records and files is
3 permitted by:
4 (1) The court having the child before it in any
5 proceeding.
6 (2) Counsel for a party to the proceeding.
7 (3) The officers of institutions or agencies to whom the
8 child is committed.
9 (4) Law enforcement officers of other jurisdictions when
10 necessary for the discharge of their official duties.
11 (5) A court in which the child is convicted of a
12 criminal offense for the purpose of a presentence report or
13 other dispositional proceeding, or by officials of penal
14 institutions and other penal facilities to which he is
15 committed, or by a parole board in considering his parole or
16 discharge or in exercising supervision over him.
17 (6) Officials of a public, private or parochial school
18 in which a child is placed after serving a period of
19 incarceration. The court or official responsible for the
20 placement of the child in the school shall provide the school
21 officials with a copy of the child's law enforcement records
22 and files prior to the child's placement in the school.
23 * * *
24 SECTION 1. SECTION 6341 OF TITLE 42 OF THE PENNSYLVANIA <--
25 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
26 § 6341. ADJUDICATION.
27 * * *
28 (B.1) SCHOOL NOTIFICATION.--
29 (1) UPON FINDING A CHILD TO BE A DELINQUENT CHILD, THE
30 COURT SHALL, THROUGH THE JUVENILE PROBATION DEPARTMENT,
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1 PROVIDE THE FOLLOWING INFORMATION TO THE BUILDING PRINCIPAL
2 OR HIS OR HER DESIGNEE OF ANY PUBLIC, PRIVATE OR PAROCHIAL
3 SCHOOL IN WHICH THE CHILD IS ENROLLED:
4 (I) NAME AND ADDRESS OF THE CHILD.
5 (II) THE DELINQUENT ACT OR ACTS WHICH THE CHILD WAS
6 FOUND TO HAVE COMMITTED.
7 (III) A BRIEF DESCRIPTION OF THE DELINQUENT ACT OR
8 ACTS.
9 (IV) THE DISPOSITION OF THE CASE.
10 (2) IF THE CHILD IS ADJUDICATED DELINQUENT FOR AN ACT OR
11 ACTS WHICH, IF COMMITTED BY AN ADULT, WOULD BE CLASSIFIED AS
12 A FELONY, THE COURT, THROUGH THE JUVENILE PROBATION
13 DEPARTMENT, SHALL ADDITIONALLY PROVIDE TO THE BUILDING
14 PRINCIPAL OR HIS OR HER DESIGNEE RELEVANT INFORMATION
15 CONTAINED IN THE JUVENILE PROBATION OR TREATMENT REPORTS
16 PERTAINING TO THE ADJUDICATION, PRIOR DELINQUENT HISTORY AND
17 THE SUPERVISION PLAN OF THE DELINQUENT CHILD.
18 (3) NOTWITHSTANDING ANY PROVISION SET FORTH HEREIN, THE
19 COURT OR JUVENILE PROBATION DEPARTMENT SHALL HAVE THE
20 AUTHORITY TO SHARE ANY ADDITIONAL INFORMATION REGARDING THE
21 DELINQUENT CHILD UNDER ITS JURISDICTION WITH THE BUILDING
22 PRINCIPAL OR HIS OR HER DESIGNEE AS DEEMED NECESSARY TO
23 PROTECT PUBLIC SAFETY OR TO ENABLE APPROPRIATE TREATMENT,
24 SUPERVISION OR REHABILITATION OF THE DELINQUENT CHILD.
25 (4) INFORMATION PROVIDED UNDER THIS SUBSECTION IS FOR
26 THE LIMITED PURPOSES OF PROTECTING SCHOOL PERSONNEL AND
27 STUDENTS FROM DANGER FROM THE DELINQUENT CHILD AND OF
28 ARRANGING APPROPRIATE COUNSELING AND EDUCATION FOR THE
29 DELINQUENT CHILD. INFORMATION OBTAINED UNDER THIS SUBSECTION
30 MAY NOT BE USED FOR ADMISSIONS OR DISCIPLINARY DECISIONS
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1 CONCERNING THE DELINQUENT CHILD, UNLESS THE ACT OR ACTS
2 SURROUNDING THE ADJUDICATION TOOK PLACE ON OR WITHIN 1,500
3 FEET OF THE SCHOOL PROPERTY.
4 (5) ANY INFORMATION PROVIDED TO THE BUILDING PRINCIPAL
5 OR HIS OR HER DESIGNEE UNDER THIS SUBSECTION SHALL BE
6 MAINTAINED SEPARATELY FROM THE CHILD'S OFFICIAL SCHOOL
7 RECORD. SUCH INFORMATION SHALL BE SECURED AND DISSEMINATED BY
8 THE BUILDING PRINCIPAL OR HIS OR HER DESIGNEE ONLY AS
9 APPROPRIATE IN PARAGRAPH (4).
10 * * *
11 Section 2. This act shall take effect in 60 days.
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