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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PASHINSKI, BOYD, K. BOYLE, CALTAGIRONE, CARROLL, CLYMER, GEIST, GILLESPIE, HARKINS, KIRKLAND, KOTIK, MILLARD, MILLER, MURT, PAYTON, READSHAW, SCAVELLO, K. SMITH, STABACK, VULAKOVICH AND YOUNGBLOOD, APRIL 13, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 13, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in juvenile matters, |
3 | further providing for disposition of delinquent child; and, |
4 | in sentencing, further providing for sentencing for criminal |
5 | mischief. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 6352 of Title 42 of the Pennsylvania |
9 | Consolidated Statutes is amended by adding a subsection to read: |
10 | § 6352. Disposition of delinquent child. |
11 | * * * |
12 | (c) Graffiti.-- |
13 | (1) When entering a disposition following an |
14 | adjudication of delinquency for an offense under 18 Pa.C.S. § |
15 | 3304(a)(4) (relating to criminal mischief), 3307(a.1) |
16 | (relating to institutional vandalism), or both, the court |
17 | shall determine whether the child would benefit from the |
18 | provisions of this subsection and if so, the court shall |
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1 | enter a disposition in accordance with the following: |
2 | (i) The disposition shall include a period of |
3 | supervised community service which, in cases involving |
4 | property damage and with the consent of the victim, shall |
5 | include repairing or restoring the damaged property if |
6 | the court determines that the repair or restoration of |
7 | the property would not place the child in a dangerous |
8 | situation and that the child is capable of repairing or |
9 | restoring the property. |
10 | (ii) (A) If property was damaged and the supervised |
11 | community service includes the repair or restoration |
12 | of property damaged and the child fails to repair or |
13 | restore the damaged property, the court shall require |
14 | the child to pay restitution in an amount equal to |
15 | the cost of repairing or restoring the property. |
16 | (B) If property was damaged, but the supervised |
17 | community service does not include the repair or |
18 | restoration of the damaged property, the court shall |
19 | require the child to pay restitution in an amount |
20 | equal to the cost of repairing or restoring the |
21 | property. |
22 | (iii) The court shall require a child adjudicated |
23 | delinquent for an offense in violation of 18 Pa.C.S. § |
24 | 3304(a)(4) to pay a fine in an amount the court |
25 | determines will deter the child from engaging in future |
26 | conduct in violation of that section. The court may |
27 | require any child adjudicated delinquent for an offense |
28 | in violation of 18 Pa.C.S. § 3307(a.1) to pay a fine. |
29 | (2) A child's satisfactory completion of the |
30 | requirements of a disposition entered under this subsection |
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1 | shall result in a dismissal of the charge or charges to which |
2 | the disposition applied and the expungement of the charge or |
3 | charges from the record of the child. The court may, with the |
4 | consent of the prosecuting attorney, dismiss and expunge |
5 | additional charges filed against the child which arose out of |
6 | the same transaction or occurrence as the offense for which |
7 | the disposition entered under this subsection applied. |
8 | Section 2. Section 9720 of Title 42 is amended to read: |
9 | § 9720. Sentencing for criminal mischief. |
10 | (a) Sentencing.--A person convicted of an offense under 18 |
11 | Pa.C.S. [§§] § 3304(a)(4) (relating to criminal mischief) [and], |
12 | 3307(a.1) (relating to institutional vandalism), or both, and |
13 | who in the opinion of the sentencing court would benefit, shall |
14 | be sentenced [to a term of supervised community service, |
15 | including repairing or restoring damaged property,] in |
16 | accordance with the following: |
17 | (1) The sentence shall include a period of supervised |
18 | community service, which, in cases involving damage to |
19 | property and with the consent of the victim, shall include |
20 | repairing or restoring the damaged property provided the |
21 | sentencing court determines that the repair or restoration of |
22 | the property would not place the person in a dangerous |
23 | situation and that the person is capable of repairing or |
24 | restoring the property, as follows: |
25 | [(1)] (i) If there was no damage to property, or if |
26 | the damage to the property is less than [$200] $150, the |
27 | term of community service shall not be less than [50 |
28 | days] 25 hours nor more than [74 days] 40 hours. |
29 | [(2)] (ii) If the damage to the property is at |
30 | least [$200] $150 but less than $1,000, the term of |
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1 | community service shall not be less than [75 days] 40 |
2 | hours nor more than [99 days] 80 hours. |
3 | [(3)] (iii) If the damage to the property is $1,000 |
4 | or more, the term of community service shall not be less |
5 | than [100 days] 75 hours nor more than [200 days] 100 |
6 | hours. |
7 | (2) (i) If property was damaged and the supervised |
8 | community service includes the repair or restoration of |
9 | property damaged and the person fails to repair or |
10 | restore the damaged property, the court shall require the |
11 | person to pay restitution in an amount equal to the cost |
12 | of repairing or restoring the property. |
13 | (ii) If property was damaged, but the supervised |
14 | community service does not include the repair or |
15 | restoration of the damaged property, the court shall |
16 | sentence the person to pay restitution in an amount equal |
17 | to the cost of repairing or restoring the property. |
18 | (3) The sentencing court shall sentence a person |
19 | convicted of an offense in violation of section 3304(a)(4) to |
20 | pay a fine in an amount the court determines will deter the |
21 | person from engaging in future conduct in violation of that |
22 | section. The sentencing court may sentence a person convicted |
23 | of an offense in violation of section 3307(a.1) to pay fine. |
24 | (b) Satisfactory completion of community service program.-- |
25 | [Satisfactory] A person's satisfactory completion of [the |
26 | community service program under] a sentence imposed under |
27 | subsection (a) shall result in a dismissal of the charges to |
28 | which the sentence applied and their expungement [of] from the |
29 | record of the person sentenced under subsection (a). The court |
30 | may, with the consent of the prosecuting attorney, dismiss and |
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1 | expunge additional charges filed against the person which arose |
2 | out of the same transaction or occurrence as the offense for |
3 | which the sentence was imposed under this section. The court |
4 | shall follow procedures similar to those established for the |
5 | Accelerated Rehabilitative Disposition Program. |
6 | Section 3. This act shall take effect in 60 days. |
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