Pennsylvania Act 1995-6 (session 1) — JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S) - AMEND

Act text

JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S) - AMEND
         Act of Mar. 15, 1995, Special Session 1, P.L. 972, No. 6     Cl. 42
                      Special Session No. 1 of 1995
                                No. 1995-6

     SB 10

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for law
        enforcement records, juvenile history record information and
        adjudications involving certain children.

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

        Section 1.  Sections 6302, 6308, 6309 and 6341(a) of Title 42
     of the Pennsylvania Consolidated Statutes are amended to read:
      § 6302.  Definitions.
        The following words and phrases when used in this chapter
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Child."  An individual who:
            (1)  is under the age of 18 years;
            (2)  is under the age of 21 years who committed an act of
        delinquency before reaching the age of 18 years; or
            (3)  was adjudicated dependent before reaching the age of
        18 years and who, while engaged in a course of instruction or
        treatment, requests the court to retain jurisdiction until
        the course has been completed, but in no event shall a child
        remain in a course of instruction or treatment past the age
        of 21 years.
        "Court."  The court of common pleas.
        "Custodian."  A person other than a parent or legal guardian,
     who stands in loco parentis to the child, or a person to whom
     legal custody of the child has been given by order of a court.
        ["Dangerous juvenile offender."  A child who has been
     determined by the court to meet all of the following
     requirements:
            (1)  Is 15 years of age or older.
            (2)  Has been adjudicated delinquent for one or more of
        the following offenses:
                (i)  Attempted murder.
                (ii)  Voluntary manslaughter.
                (iii)  Rape.
                (iv)  Involuntary deviate sexual intercourse.
                (v)  Kidnapping.
                (vi)  Robbery as defined in 18 Pa.C.S. §
            3701(a)(1)(i), (ii) or (iii) (relating to robbery).
                (vii)  Felonious aggravated assault as defined in 18
            Pa.C.S. § 2702 (relating to aggravated assault).
                (viii)  Aggravated assault with a deadly weapon.
                (ix)  Arson as defined in 18 Pa.C.S. § 3301(a)
            (relating to arson and related offenses).
            (3)  Has been previously adjudicated delinquent
        subsequent to the child's 12th birthday for one or more of
        the following offenses:
                (i)  Attempted murder.
                (ii)  Voluntary manslaughter.
                (iii)  Rape.
                (iv)  Involuntary deviate sexual intercourse.
                (v)  Kidnapping.
                (vi)  Robbery as defined in 18 Pa.C.S. §
            3701(a)(1)(i), (ii) or (iii) (relating to robbery).
                (vii)  Felonious aggravated assault as defined in 18
            Pa.C.S. § 2702 (relating to aggravated assault).
                (viii)  Aggravated assault with a deadly weapon.
                (ix)  Arson as defined in 18 Pa.C.S. § 3301(a)
            (relating to arson and related offenses).
        An adjudication for an offense arising from the same criminal
        episode as the offense considered under paragraph (2) shall
        not be considered an adjudication for the purpose of this
        paragraph.]
        "Delinquent act."
            (1)  The term means an act designated a crime under the
        law of this Commonwealth, or of another state if the act
        occurred in that state, or under Federal law, or under local
        ordinances.
            (2)  The term shall not include:
                (i)  The crime of murder.
                (ii)  Summary offenses, unless the child fails to
            comply with a lawful sentence imposed thereunder, in
            which event notice of such fact shall be certified to the
            court.
                (iii)  A crime committed by a child who has been
            found guilty in a criminal proceeding for other than a
            summary offense.
        "Delinquent child."  A child ten years of age or older whom
     the court has found to have committed a delinquent act and is in
     need of treatment, supervision or rehabilitation.
        "Dependent child."  A child who:
            (1)  is without proper parental care or control,
        subsistence, education as required by law, or other care or
        control necessary for his physical, mental, or emotional
        health, or morals;
            (2)  has been placed for care or adoption in violation of
        law;
            (3)  has been abandoned by his parents, guardian, or
        other custodian;
            (4)  is without a parent, guardian, or legal custodian;
            (5)  while subject to compulsory school attendance is
        habitually and without justification truant from school;
            (6)  has committed a specific act or acts of habitual
        disobedience of the reasonable and lawful commands of his
        parent, guardian or other custodian and who is ungovernable
        and found to be in need of care, treatment or supervision;
            (7)  is under the age of ten years and has committed a
        delinquent act;
            (8)  has been formerly adjudicated dependent, and is
        under the jurisdiction of the court, subject to its
        conditions or placements and who commits an act which is
        defined as ungovernable in paragraph (6); or
            (9)  has been referred pursuant to section 6323 (relating
        to informal adjustment), and who commits an act which is
        defined as ungovernable in paragraph (6).
        "Protective supervision."  Supervision ordered by the court
     of children found to be dependent.
        "Shelter care."  Temporary care of a child in physically
     unrestricted facilities.
      § 6308.  Law enforcement records.
        (a)  General rule.--[Except as provided in section 6309
     (relating to juvenile history record information), the law] Law
     enforcement records and files concerning a child shall be kept
     separate from the records and files of arrests of adults. Unless
     a charge of delinquency is transferred for criminal prosecution
     under section 6355 (relating to transfer to criminal
     proceedings), the interest of national security requires, or the
     court otherwise orders in the interest of the child, the records
     and files shall not be open to public inspection or their
     contents disclosed to the public except as provided in
     subsection (b); but inspection of the records and files is
     permitted by:
            (1)  The court having the child before it in any
        proceeding.
            (2)  Counsel for a party to the proceeding.
            (3)  The officers of institutions or agencies to whom the
        child is committed.
            (4)  Law enforcement officers of other jurisdictions when
        necessary for the discharge of their official duties.
            (5)  A court in which the child is convicted of a
        criminal offense for the purpose of a presentence report or
        other dispositional proceeding, or by officials of penal
        institutions and other penal facilities to which he is
        committed, or by a parole board in considering his parole or
        discharge or in exercising supervision over him.
        (b)  Public availability.--
            (1)  The contents of law enforcement records and files
        concerning a child shall not be disclosed to the public
        except if the child is 14 or more years of age at the time of
        the alleged conduct and if any of the following apply:
                (i)  The child has been adjudicated delinquent by a
            court as a result of an act or acts which include the
            elements of rape, kidnapping, murder, robbery, arson,
            burglary, violation of section 13(a)(30) of the act of
            April 14, 1972 (P.L.233, No.64), known as The Controlled
            Substance, Drug, Device and Cosmetic Act, or other act
            involving the use of or threat of serious bodily harm.
                (ii)  A petition alleging delinquency has been filed
            by a law enforcement agency alleging that the child has
            committed an act or acts which include the elements of
            rape, kidnapping, murder, robbery, arson, burglary,
            violation of section 13(a)(30) of The Controlled
            Substance, Drug, Device and Cosmetic Act, or other act
            involving the use of or threat of serious bodily harm and
            the child previously has been adjudicated delinquent by a
            court as a result of an act or acts which included the
            elements of one of such crimes.
                [(iii)  The child is a dangerous juvenile offender.]
            (2)  If the conduct of the child meets the requirements
        for disclosure as set forth in paragraph (1), then the court
        or law enforcement agency, as the case may be, shall disclose
        the name, age and address of the child, the offenses charged
        and the disposition of the case. The master or judge who
        adjudicates a child delinquent shall specify the particular
        offenses and counts thereof which the child is found to have
        committed and such information shall be inserted on any law
        enforcement records or files disclosed to the public as
        provided for in this section.
        (c)  Fingerprints and photographs.--
            (1)  Law enforcement officers shall have the authority to
        take or cause to be taken the fingerprints or photographs, or
        both, of any child who is alleged to have committed [a
        delinquent act that, but for the application of this chapter,
        would constitute a felony or a violation of 18 Pa.C.S. Ch. 61
        Subch. A (relating to uniform firearms act).] an act
        designated as a misdemeanor or felony under the laws of this
        Commonwealth or of another state if the act occurred in that
        state or under Federal law.
            (2)  Fingerprint and photographic records may be
        disseminated to law enforcement officers of other
        jurisdictions, the Pennsylvania State Police and the Federal
        Bureau of Investigation [if a child has, on the basis of a
        felony or a violation of 18 Pa.C.S. Ch. 61 Subch. A, been
        adjudicated delinquent or found guilty in a criminal
        proceeding.] and may be used for investigative purposes.
            (3)  Fingerprints and photographic records of children
        shall be kept separately from adults and shall be immediately
        destroyed upon notice of the court as provided under section
        6341(a) (relating to adjudication) by all persons and
        agencies having these records if the child is not adjudicated
        delinquent or not found guilty in a criminal proceeding for
        reason of the alleged acts.
      § 6309.  Juvenile history record information.
        (a)  Applicability of Criminal History Record Information
     Act.--Except for 18 Pa.C.S. §§ 9105 (relating to other criminal
     justice information), 9112(a) and (b) (relating to mandatory
     fingerprinting) and 9113 (relating to disposition reporting by
     criminal justice agencies), the remaining provisions of 18
     Pa.C.S. Ch. 91 (relating to criminal history record information)
     shall apply to all [dangerous juvenile offenders] alleged
     delinquents whose fingerprints and photographs are taken
     pursuant to section 6308(c) (relating to law enforcement
     records) and to any juvenile justice agency which collects,
     maintains, disseminates or receives juvenile history record
     information.
        (b)  Central repository.--The Pennsylvania State Police shall
     establish a Statewide central repository of fingerprints,
     photographs and juvenile history record information of
     [dangerous juvenile offenders] alleged delinquents whose
     fingerprints and photographs are taken pursuant to section
     6308(c). [This repository may be combined with a repository of
     similar information on adult offenders, as provided in 18
     Pa.C.S. Ch. 91.]
        (c)  Fingerprints and photographs.--The [court of proper
     jurisdiction] arresting authority shall ensure that the
     fingerprints and photographs of [a dangerous juvenile offender]
     an alleged delinquent whose fingerprints and photographs which
     have been taken by an arresting authority pursuant to section
     6308(c) are forwarded to the central repository. [within 48
     hours after a dangerous juvenile offender has been adjudicated
     delinquent.
        (d)  Disposition reporting.--The division or judge of the
     court assigned to conduct juvenile hearings shall collect and
     submit juvenile history record information to the central
     repository within 90 days of an adjudication of delinquency. The
     division or judge of the court assigned to conduct juvenile
     hearings shall continually update juvenile history record
     information as required by the Juvenile Court Judges'
     Commission.]
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Criminal history record information."  In addition to the
     meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
     includes the meaning of juvenile history record information as
     defined in this subsection.
        "Juvenile history record information."  Information collected
     pursuant to this section concerning [dangerous juvenile
     offenders] alleged delinquents whose fingerprints and
     photographs are taken pursuant to section 6308(c) and arising
     from the filing of a petition of delinquency, consisting of
     identifiable descriptions, dates and notations of arrests,
     indictments, information or other delinquency charges and any
     adjudication of delinquency, informal adjustment, consent decree
     or preadjudication disposition other than dismissal arising
     therefrom. Juvenile history record information shall not include
     intelligence information, investigative information, treatment
     information, including medical and psychiatric information,
     caution indicator information, modus operandi information,
     wanted persons information, stolen property information, missing
     persons information, employment history information, personal
     history information or presentence investigation information.
      § 6341.  Adjudication.
        (a)  General rule.--After hearing the evidence on the
     petition the court shall make and file its findings as to
     whether the child is a dependent child, or if the petition
     alleges that the child is delinquent, whether the acts ascribed
     to the child were committed by him. If the court finds that the
     child is not a dependent child or that the allegations of
     delinquency have not been established it shall dismiss the
     petition and order the child discharged from any detention or
     other restriction theretofore ordered in the proceeding. For
     cases involving allegations of delinquency where fingerprints or
     photographs or both have been taken by a law enforcement agency
     and where it is determined that acts ascribed to the child were
     not committed by him, the court shall direct that those records
     be immediately destroyed by law enforcement agencies.
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 15th day of March, A. D. 1995.

     THOMAS J. RIDGE