PRINTER'S NO. 16
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
32
Session of
2015
INTRODUCED BY WILLIAMS, GREENLEAF, BOSCOLA AND RAFFERTY,
JANUARY 14, 2015
REFERRED TO JUDICIARY, JANUARY 14, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in minors, providing for responsibility of parents
and guardians; and, in juvenile matters, providing for
pretrial diversion program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6301.1. Responsibility of parents and guardians.
(a) Offense defined.--A parent or guardian who intentionally
and knowingly commits one or more acts or omits the performance
of one or more duties, which causes the child or the ward under
18 years of age to come within or remain within the provisions
of 42 Pa.C.S. § 6341 (relating to adjudication) or 23 Pa.C.S. §
6315 (relating to taking child into protective custody), commits
an offense.
(b) Grading.--A person who violates subsection (a) commits a
misdemeanor of the third degree.
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(c) Diversion program.--A person who violates subsection (a)
may be eligible for the pretrial diversion program established
under 42 Pa.C.S. § 6312 (relating to pretrial diversion
program).
(d) Standard of care.--For purposes of this section, a
parent or guardian of any person under 18 years of age shall
have the duty to exercise reasonable care, supervision,
protection and control over the minor child.
Section 2. Title 42 is amended by adding a section to read:
§ 6312. Pretrial diversion program.
(a) Review and approval.--Every prosecutor with jurisdiction
to prosecute violations of 18 Pa.C.S. § 6301.1 (relating to
responsibility of parents and guardians) shall review annually
any diversion program established pursuant to this section, and
no program shall commence or continue without the approval of
the prosecutor. No person may be diverted under a program unless
it has been approved by the district attorney.
(b) Applicability.--This section shall apply whenever a case
is before a court upon an accusatory pleading alleging a parent
or guardian to have violated 18 Pa.C.S. § 6301.1 and the
defendant's record does not indicate that he has previously been
diverted pursuant to this section.
(c) Waiver.--If the defendant consents and waives his right
to a speedy trial, the case shall be referred to the district
attorney who shall conduct an investigation as is necessary to
determine whether the defendant qualifies for diversion under
this section and whether the defendant is a person who would
benefit from education, treatment or rehabilitation. The
district attorney shall also submit findings and recommendations
to the court for approval, which shall include education,
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treatment or a rehabilitative plan that would benefit the
defendant. If the recommendation includes referral to a
community service program, the report shall contain a statement
regarding the program's willingness to accept the defendant and
the manner in which the services the program offers can assist
the defendant in completing the diversion program successfully.
(d) Admissibility.--No statement or information with respect
to the specific offense with which the defendant is charged,
which is made subsequent to the granting of diversion, may be
admissible in any action or proceeding. In the event that
diversion is denied or is subsequently revoked once it has been
granted, the investigation, statements or information divulged
during that investigation shall not be used in any subsequent
action or proceeding.
(e) Hearing.--The court shall hold a hearing and, after
consideration of the district attorney's report and any other
relevant information, shall determine if the defendant consents
to further proceedings under this section and waives his right
to a speedy trial. The period during which the further criminal
proceedings against the defendant may be diverted shall be for
the length of time required to complete and verify the diversion
program but shall not exceed two years. If the court orders a
defendant to be diverted, the court may make inquiry into the
financial condition of the defendant and upon a finding that the
defendant is able, in whole or in part, to pay the reasonable
cost of diversion, the court may order the defendant to pay all
or part of the expense. The reasonable cost of diversion shall
not exceed the amount determined to be the actual average cost
of diversion services. If the defendant is determined to be
indigent, the defendant may not be ordered to pay the expenses.
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(f) Finding that diversion is not beneficial.--If the court
does not deem the defendant to be a person who would benefit
from diversion or if the defendant does not consent to
participate, the proceedings shall continue as in any other
case.
(g) Unsatisfactory progress or other conviction.--If the
court finds after notice to the defendant and a hearing that the
defendant is not performing satisfactorily in the assigned
program, or that the defendant has been convicted of a
misdemeanor in which force or violence was used or is convicted
of a felony, the criminal case shall be referred back to the
court for resumption of the criminal proceedings.
(h) Disposition.--If the defendant has performed
satisfactorily during the period of diversion, the criminal
charges shall be dismissed.
(i) Definitions.--As used in this section, the term
"pretrial diversion" means the procedure of postponing
prosecution either temporarily or permanently at any point in
the judicial process from the time the accused is charged until
adjudication.
Section 3. This act shall take effect in 60 days.
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