Pennsylvania Act 1995-9 (session 1) — JUDICIAL CODE (42 PA.C.S.) - AMEND JUVENILES

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND JUVENILES
         Act of Mar. 31, 1995, Special Session 1, P.L. 983, No. 9     Cl. 42
                      Special Session No. 1 of 1995
                                No. 1995-9

     HB 31

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        jurisdiction and venue and for summary offenses in relation
        to juveniles.

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

        Section 1.  Sections 1123(a)(1), 1515(a)(1) and 6303 of Title
     42 of the Pennsylvania Consolidated Statutes are amended to
     read:
      § 1123.  Jurisdiction and venue.
        (a)  General rule.--Except as otherwise prescribed by any
     general rule adopted pursuant to section 503 (relating to
     reassignment of matters), the Philadelphia Municipal Court shall
     have jurisdiction of the following matters:
            (1)  Summary offenses, except those within the
        jurisdiction of the Traffic Court of Philadelphia and those
        arising out of the same episode or transaction involving a
        delinquent act for which a petition alleging delinquency is
        filed under Chapter 63 (relating to juvenile matters).
            * * *
      § 1515.  Jurisdiction and venue.
        (a)  Jurisdiction.--Except as otherwise prescribed by general
     rule adopted pursuant to section 503 (relating to reassignment
     of matters), district justices shall, under procedures
     prescribed by general rule, have jurisdiction of all of the
     following matters:
            (1)  Summary offenses, except those arising out of the
        same episode or transaction involving a delinquent act for
        which a petition alleging delinquency is filed under Chapter
        63 (relating to juvenile matters).
            * * *
      § 6303.  Scope of chapter.
        (a)  General rule.--This chapter shall apply exclusively to
     the following:
            (1)  Proceedings in which a child is alleged to be
        delinquent or dependent.
            (2)  Transfers under section 6322 (relating to transfer
        from criminal proceedings).
            (3)  Proceedings arising under Subchapter E (relating to
        dispositions affecting other jurisdictions).
            (4)  Proceedings under the Interstate Compact on
        Juveniles, as set forth in section 731 of the act of June 13,
        1967 (P.L.31, No.21), known as the ["]Public Welfare Code.["]
            (5)  Proceedings in which a child is charged with a
        summary offense arising out of the same episode or
        transaction involving a delinquent act for which a petition
        alleging delinquency is filed under Chapter 63 (relating to
        juvenile matters). The summary offense shall be included in
        any petition regarding the accompanying delinquent act. Upon
        finding a child to have committed a summary offense, the
        court may utilize any disposition available to the minor
        judiciary where a child is found to have committed a summary
        offense, including a finding of guilt on the summary offense.
        (b)  Minor judiciary.--No child shall be detained, committed
     or sentenced to imprisonment by a district justice or a judge of
     the minor judiciary.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 31st day of March, A. D. 1995.

     THOMAS J. RIDGE