PRIOR PRINTER'S NO. 228 PRINTER'S NO. 1107
No. 234 Session of 1999
INTRODUCED BY CONTI, MOWERY, BELL, COSTA, THOMPSON, SALVATORE,
TARTAGLIONE, TOMLINSON, KASUNIC, MELLOW, EARLL AND CORMAN,
JANUARY 25, 1999
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MAY 11, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 detention of child. INVESTIGATION AND REPORT IN JUVENILE <--
4 MATTERS.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6325 of Title 42 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
9 § 6325. Detention of child.
10 (a) General rule.--A child taken into custody shall not be
11 detained or placed in shelter care prior to the hearing on the
12 petition unless his detention or care is required to protect the
13 person or property of others or of the child or because the
14 child may abscond or be removed from the jurisdiction of the
15 court or because he has no parent, guardian, or custodian or
16 other person able to provide supervision and care for him and
17 return him to the court when required, or an order for his
18 detention or shelter care has been made by the court pursuant to
1 this 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 to
8 determine whether the child's further detention is required
9 to protect the person or property of others pursuant to
10 section 6332 (relating to informal hearing).
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 that the child undergo a psychological evaluation by a
15 licensed physician or clinical psychologist to determine
16 whether the child is a clear and present danger to himself or
17 others. A report of the evaluation shall be made available to
18 the court prior to the informal hearing.
19 SECTION 1. SECTION 6339 OF TITLE 42 OF THE PENNSYLVANIA <--
20 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
21 § 6339. INVESTIGATION AND REPORT.
22 * * *
23 (C) POSSESSION OF FIREARM OR EXPLOSIVE DEVICE ON SCHOOL
24 PROPERTY.--NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (A) AND
25 (B), IF THE ALLEGATIONS OF A PETITION INCLUDE A VIOLATION OF 18
26 PA.C.S. § 912(B) (RELATING TO POSSESSION OF WEAPON ON SCHOOL
27 PROPERTY) WHEN THE WEAPON IS A FIREARM OR EXPLOSIVE DEVICE, THE
28 COURT SHALL ORDER THAT THE CHILD SHALL UNDERGO A PSYCHOLOGICAL
29 EVALUATION BY A PSYCHIATRIST OR LICENSED PSYCHOLOGIST. A REPORT
30 OF THE EVALUATION SHALL BE MADE AVAILABLE TO THE COURT PRIOR TO
19990S0234B1107 - 2 -
1 THE COURT'S DISPOSITION OF THE CASE UNDER SECTION 6352 (RELATING
2 TO DISPOSITION OF DELINQUENT CHILD).
3 Section 2. This act shall take effect in 60 days.
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