A RESOLUTION

 

1Directing the Joint State Government Commission to establish an
2advisory committee to conduct a study of the Juvenile Act and 
3related issues.

4WHEREAS, The Juvenile Act, 42 Pa.C.S. Ch. 63, enacted in
51976, governs proceedings in which a child is alleged to be
6delinquent or dependent and determines whether a child is
7subject to a proceeding in juvenile court or criminal court; and

8WHEREAS, The Juvenile Act has been amended dozens of times
9over nearly four decades; and

10WHEREAS, In 2005, the Pennsylvania Supreme Court adopted
11Rules of Juvenile Court Procedure with terminology and
12procedures inconsistent with the Juvenile Act, including the
13suspension of a dozen provisions of the Juvenile Act; and

14WHEREAS, The Juvenile Act should be thoroughly reviewed to
15determine whether there are substantive and procedural issues
16that need to be addressed and whether revisions are necessary in
17the Juvenile Act to make it and the judicial rules consistent;
18and

1WHEREAS, Since the United States Supreme Court decision in
2Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012), there has been
3interest nationwide in the sentencing of juveniles convicted of
4murder; and

5WHEREAS, During 2012, the General Assembly responded to
6Miller v. Alabama by enacting the provisions of 18 Pa.C.S. §
71102.1 into law, and the Pennsylvania Supreme Court decided
8Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013), on the
9retroactivity of Miller, therefore be it

10RESOLVED, That the Senate direct the Joint State Government
11Commission to establish an advisory committee to conduct a study
12of the Juvenile Act and related issues; and be it further

13RESOLVED, That in addition to considering revisions to the
14Juvenile Act, the study include a review of how Pennsylvania and
15other states have responded to Miller v. Alabama, and whether
16changes should be made to Pennsylvania law as a result; and be
17it further

18RESOLVED, That the advisory committee have approximately 30
19members and be comprised of representatives from those groups
20most likely to make useful and insightful contributions, such as
21representatives of the judiciary, prosecution, defense, law
22enforcement, victim assistance and private and public
23organizations involved in juvenile justice issues; and be it
24further

25RESOLVED, That the advisory committee report its findings and
26recommendations to the Senate no later than one year after
27adoption of this resolution.