1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, providing for responsibility of parents and
4guardians and for pretrial diversion program.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 6301.1.  Responsibility of parents and guardians.

10(a)  Offense defined.--A parent or guardian who intentionally
11and knowingly commits one or more acts or omits the performance
12of one or more duties, which causes the child or the ward under
1318 years of age to come within or remain within the provisions
14of 42 Pa.C.S. § 6341 (relating to adjudication) or 23 Pa.C.S. §
156315 (relating to taking child into protective custody), commits
16an offense.

17(b)  Grading.--A person who violates subsection (a) commits a
18misdemeanor of the third degree.

19(c)  Diversion program.--A person who violates subsection (a)

1may be eligible for the pretrial diversion program established
2under 42 Pa.C.S. § 6312 (relating to pretrial diversion
3program).

4(d)  Standard of care.--For purposes of this section, a
5parent or guardian of any person under 18 years of age shall
6have the duty to exercise reasonable care, supervision,
7protection and control over the minor child.

8Section 2.  Title 42 is amended by adding a section to read:

9§ 6312.  Pretrial diversion program.

10(a)  Review and approval.--Every prosecutor with jurisdiction
11to prosecute violations of 18 Pa.C.S. § 6301.1 (relating to
12responsibility of parents and guardians) shall review annually
13any diversion program established pursuant to this section, and
14no program shall commence or continue without the approval of
15the prosecutor. No person may be diverted under a program unless
16it has been approved by the district attorney.

17(b)  Applicability.--This section shall apply whenever a case
18is before a court upon an accusatory pleading alleging a parent
19or guardian to have violated 18 Pa.C.S. § 6301.1, and the
20defendant's record does not indicate that he has previously been
21diverted pursuant to this section.

22(c)  Waiver.--If the defendant consents and waives his right
23to a speedy trial, the case shall be referred to the district
24attorney who shall conduct an investigation as is necessary to
25determine whether the defendant qualifies for diversion under
26this section, and whether the defendant is a person who would
27benefit from education, treatment or rehabilitation. The
28district attorney shall also submit findings and recommendations
29to the court for approval, which shall include education,
30treatment or a rehabilitative plan that would benefit the

1defendant. If the recommendation includes referral to a
2community service program, the report shall contain a statement
3regarding the program's willingness to accept the defendant and
4the manner in which the services the program offers can assist
5the defendant in completing the diversion program successfully.

6(d)  Admissibility.--No statement or information with respect
7to the specific offense with which the defendant is charged,
8which is made subsequent to the granting of diversion, may be
9admissible in any action or proceeding. In the event that
10diversion is denied or is subsequently revoked once it has been
11granted, the investigation, statements or information divulged
12during that investigation shall not be used in any subsequent
13action or proceeding.

14(e)  Hearing.--The court shall hold a hearing and after
15consideration of the district attorney's report and any other
16relevant information shall determine if the defendant consents
17to further proceedings under this section and waives his right
18to a speedy trial. The period during which the further criminal
19proceedings against the defendant may be diverted shall be for
20the length of time required to complete and verify the diversion
21program but shall not exceed two years. If the court orders a
22defendant to be diverted, the court may make inquiry into the
23financial condition of the defendant, and upon a finding that
24the defendant is able, in whole or in part, to pay the
25reasonable cost of diversion, the court may order the defendant
26to pay all or part of the expense. The reasonable cost of
27diversion shall not exceed the amount determined to be the
28actual average cost of diversion services. If the defendant is
29determined to be indigent, the defendant may not be ordered to
30pay the expenses.

1(f)  Finding that diversion is not beneficial.--If the court
2does not deem the defendant to be a person who would benefit
3from diversion or if the defendant does not consent to
4participate, the proceedings shall continue as in any other
5case.

6(g)  Unsatisfactory progress or other conviction.--If the
7court finds after notice to the defendant and a hearing that the
8defendant is not performing satisfactorily in the assigned
9program, or that the defendant has been convicted of a
10misdemeanor in which force or violence was used or is convicted
11of a felony, the criminal case shall be referred back to the
12court for resumption of the criminal proceedings.

13(h)  Disposition.--If the defendant has performed
14satisfactorily during the period of diversion, the criminal
15charges shall be dismissed.

16(i)  Definitions.--As used in this section, the term
17"pretrial diversion" means the procedure of postponing
18prosecution either temporarily or permanently at any point in
19the judicial process from when the accused is charged until
20adjudication.

21Section 3.  This act shall take effect in 60 days.