Pennsylvania HB 1383: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, further providing for definitions, for scope of chapter, for inspection of court files and records, for transfer from criminal proceedings, for place of detention and for conduct of hearings and repealing provisions relating to transfer to criminal proceedings; and making editorial changes.

Bill Text

PRINTER'S NO. 1752
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1383
Session of
2025
INTRODUCED BY RABB, GUENST, SANCHEZ, WAXMAN, D. WILLIAMS, OTTEN,
FIEDLER, CEPEDA-FREYTIZ AND K.HARRIS, MAY 28, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MAY 28, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
further providing for definitions, for scope of chapter, for
inspection of court files and records, for transfer from
criminal proceedings, for place of detention and for conduct
of hearings and repealing provisions relating to transfer to
criminal proceedings; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "delinquent act" in section
6302 of Title 42 of the Pennsylvania Consolidated Statutes is
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:
* * *
"Delinquent [act."
(1) The term means an] act." An act designated a crime
under the law of this Commonwealth, or of another state if
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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 (relating to protection from abuse) 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
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assault).
(G) Kidnapping as defined in 18 Pa.C.S. § 2901
(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
Pa.C.S. § 3702.
(E) Aggravated indecent assault as defined in 18
Pa.C.S. § 3125.
(F) Kidnapping as defined in 18 Pa.C.S. § 2901.
(G) Voluntary manslaughter.
(H) An attempt, conspiracy or solicitation to
commit murder or any of these crimes as provided in
18 Pa.C.S. §§ 901, 902 and 903.
(iv) Summary offenses.
(v) A crime committed by a child who has been found
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guilty in a criminal proceeding for other than a summary
offense.]
* * *
Section 2. Sections 6303(b), 6307(b)(1.1) and 6308(a)
heading and introductory paragraph and (c)(1) of Title 42 are
amended to read:
§ 6303. Scope of chapter.
* * *
(b) Minor judiciary.--No child shall be detained, committed
or sentenced to imprisonment by a magisterial district judge or
a judge of the minor judiciary [unless the child is charged with
an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the
definition of "delinquent act" in section 6302 (relating to
definitions)].
* * *
§ 6307. Inspection of court files and records.
* * *
(b) Public availability.--
(1.1) The contents of court records and files concerning
a child shall not be disclosed to the public. [unless any of
the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts committed when the
child was 14 years of ag