Pennsylvania HB 1385: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for definitions and for disposition of delinquent child.

Bill Text

PRIOR PRINTER'S NO. 1890 PRINTER'S NO. 2592
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1385
Session of
2025
INTRODUCED BY KINKEAD, D. MILLER, KRAJEWSKI, RABB, MAYES, HILL-
EVANS, PIELLI, OTTEN, SANCHEZ, FIEDLER, KAZEEM, CEPEDA-
FREYTIZ, SCOTT, D. WILLIAMS, STEELE, SHUSTERMAN, GREEN,
WARREN, WAXMAN, RIVERA, HANBIDGE, BURGOS, McANDREW, BOYD AND
DOUGHERTY, JUNE 9, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for definitions and for disposition of
delinquent child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "child," "delinquent act" and
"delinquent child" "CHILD" AND "DELINQUENT ACT" in section 6302
of Title 42 of the Pennsylvania Consolidated Statutes are
amended and the section is amended by adding a definition 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:
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(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) is under the age of 21 years and was adjudicated
dependent before reaching the age of 18 years, who has
requested the court to retain jurisdiction and who remains
under the jurisdiction of the court as a dependent child
because the court has determined that the child is:
(i) completing secondary education or an equivalent
credential;
(ii) enrolled in an institution which provides
postsecondary or [vocational] career and technical
education;
(iii) participating in a program actively designed
to promote or remove barriers to employment;
(iv) employed for at least 80 hours per month; or
(v) incapable of doing any of the activities
described in subparagraph (i), (ii), (iii) or (iv) due to
a medical or behavioral health condition, which is
supported by regularly updated information in the
permanency plan of the child.
* * *
"Delinquent act."
(1) [The term means an] An act designated a crime,
excluding a summary offense, under the law of this
Commonwealth, or of another state if the act occurred in that
state, or under Federal law, or an act which constitutes
indirect criminal contempt under Chapter 62A (relating to
protection of victims of sexual violence or intimidation)
with respect to sexual violence or 23 Pa.C.S. Ch. 61
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(relating to protection from abuse). The term does not
include a summary offense or the failure of a child to comply
with a lawful sentence imposed for a summary offense. [or the
failure of a child to comply with a lawful sentence imposed
for a summary offense, in which event notice of the fact
shall be certified to the court.]
(2) The term shall not include:
(i) The crime of murder.
(ii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and a deadly weapon as defined in 18
Pa.C.S. § 2301 (relating to definitions) was used during
the commission of the offense which, if committed by an
adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121
(relating to rape).
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse).
(C) Aggravated assault as defined in 18 Pa.C.S.
§ 2702(a)(1) or (2) (relating to aggravated assault).
(D) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii) (relating to robbery).
(E) Robbery of motor vehicle as defined in 18
Pa.C.S. § 3702 (relating to robbery of motor
vehicle).
(F) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
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(relating to kidnapping).
(H) Voluntary manslaughter.
(I) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
(relating to criminal solicitation) and 903 (relating
to criminal conspiracy).
(iii) Any of the following prohibited conduct where
the child was 15 years of age or older at the time of the
alleged conduct and has been previously adjudicated
delinquent of any of the following prohibited conduct
which, if committed by an adult, would be classified as:
(A) Rape as defined in 18 Pa.C.S. § 3121.
(B) Involuntary deviate sexual intercourse as
defined in 18 Pa.C.S. § 3123.
(C) Robbery as defined in 18 Pa.C.S. § 3701(a)
(1)(i), (ii) or (iii).
(D) Robbery of motor vehicle as defined in 18