PRINTER'S NO. 1727
No. 1452 Session of 1999
INTRODUCED BY EVANS, WOJNAROSKI, MELIO, HORSEY, LEDERER,
STABACK, J. TAYLOR, JOSEPHS AND FREEMAN, MAY 6, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MAY 6, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 juvenile matters definitions and for detention of juveniles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6302 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended by adding a definition to read:
8 § 6302. Definitions.
9 The following words and phrases when used in this chapter
10 shall have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 * * *
13 "Firearm." Any weapon, including a starter gun, which will
14 or is designed to expel a projectile or projectiles by the
15 action of an explosion, expansion of gas or escape of gas. The
16 term does not include any device designed or used exclusively
17 for the firing of stud cartridges, explosive rivets or similar
18 industrial ammunition.
1 * * *
2 Section 2. Section 6325 of Title 42 is amended to read:
3 § 6325. Detention of child.
4 A child taken into custody shall not be detained or placed in
5 shelter care prior to the hearing on the petition unless his
6 detention or care is required [to] for one of the following
7 reasons:
8 (1) To protect the person or property of others or of
9 the child [or because].
10 (2) Because the child may abscond or be removed from the
11 jurisdiction of the court [or because he].
12 (3) Because the child has no parent, guardian, or
13 custodian or other person able to provide supervision and
14 care for [him] the child and return [him] the child to the
15 court when required[, or an].
16 (4) Because the child brought a firearm onto the
17 property on which is located a public, private or parochial
18 school. Detention under this paragraph shall be for not less
19 than 24 hours, during which preliminary behavior evaluation
20 and observation shall take place and psychological testing
21 shall be initiated. Psychological testing must be completed
22 before any disposition under section 6340 (relating to
23 consent decree) or 6341 (relating to adjudication) arising
24 out of the incident.
25 (5) An order for [his] detention or shelter care has
26 been made by the court pursuant to this chapter.
27 Section 3. This act shall take effect in 60 days.
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