Pennsylvania Act 1995-11 (session 1) — JUDICIAL CODE (42 PA.C.S.) - AMEND CONDUCT OF HEARINGS

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND CONDUCT OF HEARINGS
         Act of Apr. 6, 1995, Special Session 1, P.L. 997, No. 11     Cl. 42
                      Special Session No. 1 of 1995
                               No. 1995-11

     HB 10

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        conduct of hearings.

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

        Section 1.  Section 6336 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 6336.  Conduct of hearings.
        (a)  General rule.--Hearings under this chapter shall be
     conducted by the court without a jury, in an informal but
     orderly manner, and separate from other proceedings not included
     in section 6303 (relating to scope of chapter).
        (b)  Functions of district attorney.--The district attorney,
     upon request of the court, shall present the evidence in support
     of the petition and otherwise conduct the proceedings on behalf
     of the Commonwealth.
        (c)  Record.--If requested by the party or ordered by the
     court the proceedings shall be recorded by appropriate means. If
     not so recorded, full minutes of the proceedings shall be kept
     by the court.
        (d)  Proceeding in camera.--Except in hearings to declare a
     person in contempt of court and in hearings as specified in
     subsection (e), the general public shall be excluded from
     hearings under this chapter. Only the parties, their counsel,
     witnesses, the victim and counsel for the victim, other persons
     accompanying a party or a victim for his or her assistance, and
     any other person as the court finds have a proper interest in
     the proceeding or in the work of the court [may] shall be
     admitted by the court. The court may temporarily exclude the
     child from the hearing except while allegations of his
     delinquency are being heard.
        (e)  Open proceedings.--The general public shall not be
     excluded from any hearings under this chapter:
            (1)  Pursuant to a petition alleging delinquency where
        the child was 14 years of age or older at the time of the
        alleged conduct and the alleged conduct would be considered a
        felony if committed by an adult.
            (2)  Pursuant to a petition alleging delinquency where
        the child was 12 years of age or older at the time of the
        alleged conduct and where the alleged conduct would have
        constituted one or more of the following offenses if
        committed by an adult:
                (i)   Murder.
                (ii)  Voluntary manslaughter.
                (iii)  Aggravated assault as defined in 18 Pa.C.S. §
            2702(a)(1) or (2) (relating to aggravated assault).
                (iv)  Arson as defined in 18 Pa.C.S. § 3301(a)(1)
            (relating to arson and related offenses).
                (v)  Involuntary deviate sexual intercourse.
                (vi)  Kidnapping.
                (vii)  Rape.
                (viii)  Robbery as defined in 18 Pa.C.S. §
            3701(a)(1)(i), (ii) or (iii) (relating to robbery).
                (ix)  Robbery of motor vehicle.
                (x)  Attempt or conspiracy to commit any of the
            offenses in this paragraph.
     Notwithstanding anything in this subsection, the proceedings
     shall be closed upon and to the extent of any agreement between
     the child and the attorney for the Commonwealth.
        (f)  Discretion of court.--The court at any disposition
     proceeding under subsection (e) shall have discretion to
     maintain the confidentiality of mental health, medical or
     juvenile institutional documents or juvenile probation reports.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 6th day of April, A. D. 1995.

     THOMAS J. RIDGE