PRINTER'S NO. 3179
No. 2311 Session of 2002
INTRODUCED BY DALLY, McILHATTAN, HARHAI, STABACK, TIGUE, HENNESSEY, HORSEY, CORRIGAN, CLARK, READSHAW, CREIGHTON, FRANKEL, GRUCELA, STEELMAN AND M. COHEN, JANUARY 28, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2002
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 detention of children under certain circumstances. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 6325 of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 6325. Detention of child. 9 [A] (a) General rule.--Except as otherwise provided for in 10 subsection (b), a child taken into custody shall not be detained 11 or placed in shelter care prior to the hearing on the petition 12 unless his detention or care is required to protect the person 13 or property of others or of the child or because the child may 14 abscond or be removed from the jurisdiction of the court or 15 because he has no parent, guardian, or custodian or other person 16 able to provide supervision and care for him and return him to 17 the court when required, or an order for his detention or 18 shelter care has been made by the court pursuant to this
1 chapter. 2 (b) Possession of a firearm on school property.-- 3 (1) A child taken into custody for a violation of 18 4 Pa.C.S. § 912(b) (relating to possession of weapon on school 5 property) when the weapon is a firearm or explosive device 6 shall be detained in the appropriate juvenile justice setting 7 until the court or master conducts an informal hearing 8 pursuant to section 6332 (relating to informal hearing) to 9 determine whether the child's further detention is required 10 to protect the person or property of others. 11 (2) Prior to the informal hearing, but in no case not 12 later than 72 hours after the child has been placed in 13 detention or shelter care, the court or master shall order 14 the child to undergo a psychological evaluation by a licensed 15 physician or clinical psychologist to determine whether the 16 child is a clear and present danger to himself or others. A 17 report of the evaluation shall be made available to the court 18 prior to the informal hearing. 19 Section 2. This act shall take effect in 30 days. F8L42DMS/20020H2311B3179 - 2 -