Pennsylvania Act 2024-108 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - JUVENILE RECORDS, POWERS AND DUTIES OF PROBATION OFFICERS, INFORMAL ADJUSTMENT, CONSENT DECREE, ADJUDICATION, DISPOSITION OF DELINQUENT CHILD AND POWERS AND DUTIES

Act text

Session of 2024

No. 2024-108

SB 170

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in criminal history record information, further providing for juvenile records; and, in juvenile matters, further providing for powers and duties of probation officers, for informal adjustment, for consent decree, for adjudication, for disposition of delinquent child and for powers and duties.

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

Section 1. Section 9123(a)(3) of Title 18 of the Pennsylvania Consolidated Statutes is amended and the subsection is amended by adding a paragraph to read:

§ 9123. Juvenile records.

(a) Expungement of juvenile records.--Notwithstanding the provisions of section 9105 (relating to other criminal justice information) and except as provided under subsection (a.1), expungement of records of juvenile delinquency cases and cases involving summary offenses committed while the individual was under 18 years of age, wherever kept or retained, shall occur after 30 days' notice to the district attorney whenever the court upon its own motion or upon the motion of a child or the parents or guardian finds:

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(3) [five] two years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral , pursuant to an adjudication of delinquency following a determination by the court that the person committed an offense classified as a misdemeanor, other than a misdemeanor under Chapter 61 (relating to firearms and other dangerous articles) or a misdemeanor under section 3126(a)(2) or (3) (relating to indecent assault), and since such final discharge, the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking such conviction or adjudication; [or]

(3.1) five years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the person committed an offense classified as a felony, an offense classified as a misdemeanor under Chapter 61 or an offense classified as a misdemeanor under section 3126(a)(2) or (3), and since the final discharge, the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking the conviction or adjudication; or

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Section 2. Sections 6304, 6323 and 6340 of Title 42 are amended by adding subsections to read:

§ 6304. Powers and duties of probation officers.

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(a.2) Notification of court to initiate expungement of juvenile records.--

(1) The chief juvenile probation officer or designee shall promptly notify the court that the records of a juvenile delinquency case are eligible for expungement and shall request the court to initiate expungement proceedings in accordance with 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure, upon determining that any of the following applies:

(i) a written allegation is not approved for prosecution;

(ii) a petition is dismissed by the court;

(iii) six months have elapsed since a child's successful completion of an informal adjustment and no proceeding seeking adjudication or conviction is pending;

(iv) six months have elapsed since the final discharge of a child from supervision under a consent decree and no proceeding seeking adjudication or conviction is pending;

(v) two years have elapsed since the final discharge of a child from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the child committed an offense classified as a misdemeanor, other than a misdemeanor under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or a misdemeanor under 18 Pa.C.S. § 3126(a)(2) or (3) (relating to indecent assault), and since the final discharge, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking the conviction or adjudication;

(vi) five years have elapsed since the final discharge of a child from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the child committed an offense classified as a felony, an offense classified as a misdemeanor under 18 Pa.C.S. Ch. 61 or an offense classified as a misdemeanor under 18 Pa.C.S. § 3126(a)(2) or (3), with the exception of an offense precluded from expungement under 18 Pa.C.S. § 9123(a.1), and since the final discharge, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking the conviction or adjudication; or

(vii) the attorney for the Commonwealth consents to the expungement, unless the offense committed by the juvenile is precluded from expungement under 18 Pa.C.S. § 9123(a.1).

(2) (Reserved).

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§ 6323. Informal adjustment.

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(g) Expungement of records.--Upon motion, or sua sponte, including upon receiving notice under section 6304(a.2) (relating to powers and duties of probation officers), the court shall commence expungement proceedings under 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure if the court finds:

(1) six months have elapsed since the child's successful discharge from informal adjustment supervision; and

(2) no proceeding seeking adjudication or conviction is pending.

§ 6340. Consent decree.

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(f) Expungement of records.--Upon motion, or sua sponte, including upon receiving notice under section 6304(a.2) (relating to powers and duties of probation officers), the court shall commence expungement proceedings under 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure if the court finds:

(1) six months have elapsed since the child's successful discharge from consent decree supervision; and

(2) no proceeding seeking adjudication or conviction is pending.

Section 3. Section 6341(a) and (b) of Title 42 are amended to read:

§ 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. If the petition alleges that the child is delinquent, within seven days of hearing the evidence on the petition, the court shall make and file its findings whether the acts ascribed to the child were committed by him. This time limitation may only be extended pursuant to the agreement of the child and the attorney for the Commonwealth. The court's failure to comply with the time limitations stated in this section shall not be grounds for discharging the child or dismissing the proceeding. 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[.] and shall commence expungement proceedings in accordance with 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure.

(b) Finding of delinquency.--If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he is alleged to be delinquent it shall enter such finding on the record and shall specify the particular offenses, including the grading and counts thereof which the child is found to have committed. The court shall then proceed immediately or at a postponed hearing, which shall occur not later than 20 days after such finding if the child is in detention or not more than 60 days after such finding if the child is not in detention, to hear evidence as to whether the child is in need of treatment, supervision or rehabilitation, as established by a preponderance of the evidence, and to make and file its findings thereon. This time limitation may only be extended pursuant to the agreement of the child and the attorney for the Commonwealth. The court's failure to comply with the time limitations stated in this section shall not be grounds for discharging the child or dismissing the proceeding. In the absence of evidence to the contrary, evidence of the commission of acts which constitute a felony shall be sufficient to sustain a finding that the child is in need of treatment, supervision or rehabilitation. If the court finds that the child is not in need of treatment, supervision or rehabilitation it shall dismiss the proceeding [and] , discharge the child from any detention or other restriction theretofore ordered[.] and commence expungement proceedings in accordance with 18 Pa.C.S. § 9123 and the Pennsylvania Rules of Juvenile Court Procedure.

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Section 4. Section 6352 of Title 42 is amended by adding a subsection to read:

§ 6352. Disposition of delinquent child.

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(d) Expungement of records.--Upon motion, or sua sponte, including upon receiving notice under section 6304(a.2) (relating to powers and duties of probation officers), the court shall commence expungement proceedings under 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure if the court finds:

(1) two years have elapsed since the final discharge of a child from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the child committed an offense classified as a misdemeanor, other than a misdemeanor under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or a misdemeanor under 18 Pa.C.S. § 3126(a)(2) or (3) (relating to indecent assault), and since the final discharge, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking a conviction or adjudication;

(2) five years have elapsed since the final discharge of a child from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the child committed an offense classified as a felony, an offense classified as a misdemeanor under 18 Pa.C.S. Ch. 61 or an offense classified as a misdemeanor under 18 Pa.C.S. § 3126(a)(2) or (3), with the exception of an offense precluded from expungement under 18 Pa.C.S. § 9123(a.1), and since the final discharge, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking the conviction or adjudication; or

(3) the attorney for the Commonwealth consents to the expungement, unless the offense committed by the juvenile is precluded from expungement under 18 Pa.C.S. § 9123(a.1).

Section 5. Section 6373 of Title 42 is amended by adding a paragraph to read:

§ 6373. Powers and duties.

The commission shall have the power and is required to do the following:

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(2.1) Develop and implement the technology and case management tools necessary to alert chief juvenile probation officers that the records of a juvenile delinquency case are eligible for expungement, to facilitate the notification of courts to initiate the process of expunging juvenile delinquency records in accordance with section 6304(a.2) (relating to powers and duties of probation officers).

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Section 6. This act shall take effect in 180 days.

APPROVED--The 16th day of October, A.D. 2024.

JOSH SHAPIRO