HOUSE AMENDED
PRIOR PRINTER'S NOS. 2027, 2040, 2258, PRINTER'S NO. 2427
2287, 2297, 2404
No. 1452 Session of 2002
INTRODUCED BY GREENLEAF, CONTI, TOMLINSON, COSTA, KUKOVICH,
KITCHEN, LEMMOND, ROBBINS AND D. WHITE, JUNE 4, 2002
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 25, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 number of judges of the courts of common pleas; PROVIDING FOR <--
4 NOTE TAKING BY JURORS; FURTHER DEFINING "HEALTH CARE <--
5 PROVIDER"; FURTHER PROVIDING FOR A SIX-MONTH LIMITATION OF <--
6 ACTIONS, FOR LIMITATIONS OF APPEALS, FOR THE POWERS AND <--
7 DUTIES OF PROBATION OFFICERS CONCERNING JUVENILES, FOR
8 INSPECTION OF COURT FILES AND RECORDS, FOR LAW ENFORCEMENT <--
9 RECORDS, FOR TAKING CHILD INTO CUSTODY, FOR INFORMAL
10 HEARINGS, FOR NOTICE AND HEARING, FOR ADJUDICATION AND FOR <--
11 DISPOSITION OF DEPENDENT CHILD AND FOR DEFICIENCY JUDGMENTS; <--
12 PROVIDING FOR IMMUNITY OF STATE PAROLE OFFICERS AND COUNTY
13 PROBATION OFFICERS; CONFERRING POWERS AND DUTIES ON THE
14 JUVENILE COURT JUDGES' COMMISSION; PROVIDING FOR LIABILITY <--
15 FOR VIOLATIONS OF GENERAL AND SPECIFIC CRIMINAL STATUTES AND
16 FOR MERGER OF SENTENCES; AND PROVIDING A TECHNICAL CORRECTION
17 TO, CONFIRMATION OF THE SCOPE OF AND CLARIFICATION OF
18 EXISTING LAW REGARDING THE RENTAL-PURCHASE AGREEMENT ACT.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 911(a) of Title 42 of the Pennsylvania
22 Consolidated Statutes is amended to read:
23 § 911. Courts of common pleas.
24 (a) General rule.--There shall be one court of common pleas
1 for each judicial district of this Commonwealth consisting of
2 the following number of judges:
3 Number of
4 Judicial District Judges
5 First 93
6 Second 13
7 Third [7] 8
8 Fourth 1
9 Fifth 41
10 Sixth 9
11 Seventh [11] 13
12 Eighth 3
13 Ninth 5
14 Tenth 11
15 Eleventh 9
16 Twelfth 8
17 Thirteenth 2
18 Fourteenth 5
19 Fifteenth 13
20 Sixteenth 3
21 Seventeenth 2
22 Eighteenth 1
23 Nineteenth 12
24 Twentieth 1
25 Twenty-first 6
26 Twenty-second 1
27 Twenty-third 12
28 Twenty-fourth 4
29 Twenty-fifth 2
30 Twenty-sixth 2
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1 Twenty-seventh 5
2 Twenty-eighth 2
3 Twenty-ninth 5
4 Thirtieth 3
5 Thirty-first 10
6 Thirty-second [18] 19
7 Thirty-third 2
8 Thirty-fourth 1
9 Thirty-fifth [3] 4
10 Thirty-sixth 6
11 Thirty-seventh 2
12 Thirty-eighth [20] 21 <--
13 Thirty-ninth 4
14 Fortieth [2] 3
15 Forty-first 2
16 Forty-second 2
17 Forty-third [5] 6
18 Forty-fourth 1
19 Forty-fifth 7
20 Forty-sixth 2
21 Forty-seventh 5
22 Forty-eighth [1] 2 <--
23 Forty-ninth [3] 4 <--
24 Fiftieth 5
25 Fifty-first 3
26 Fifty-second 4
27 Fifty-third 4
28 Fifty-fourth 1
29 Fifty-fifth 1
30 Fifty-sixth 2
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1 Fifty-seventh 2
2 Fifty-eighth 1
3 Fifty-ninth 1
4 Sixtieth 1
5 * * *
6 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <--
7 § 4566. LIMITED RIGHT OF JURORS TO TAKE NOTES.
8 (A) GENERAL RULE.--WHEN PERMITTED AT THE DISCRETION OF THE
9 COURT OR BY AGREEMENT OF THE PARTIES, JURORS IN A CIVIL OR
10 CRIMINAL ACTION OR PROCEEDING MAY TAKE NOTES DURING THE TRIAL
11 AND USE THEM DURING THEIR DELIBERATIONS. A SPECIFIED NUMBER OF
12 SHEETS OF PAPER, TO BE DETERMINED BY THE JUDGE BASED ON THE
13 COMPLEXITY OF THE TRIAL, SHALL BE PROVIDED BY THE COURT TO THE
14 JURORS AT THE BEGINNING OF THE TRIAL, AND A RECORD OF ANY
15 ADDITIONAL PAPER DISTRIBUTED SHALL BE MAINTAINED BY THE COURT.
16 (B) INSTRUCTIONS.--THE TRIAL JUDGE SHALL GIVE INSTRUCTIONS
17 TO A JURY ON TAKING NOTES AT THE BEGINNING OF TRIAL AND SHALL
18 INSTRUCT THE JURY ON THE USE OF NOTES DURING DELIBERATIONS AT
19 THE END OF TRIAL.
20 (C) COLLECTION AND DESTRUCTION OF MATERIALS.--WHEN A JURY IS
21 PERMITTED TO TAKE NOTES, THE CONTENTS OF THE NOTES SHALL NOT BE
22 DISCLOSED TO ANY PERSON BUT THE MEMBERS OF THE JURY. AT THE
23 CONCLUSION OF THE TRIAL, THE COURT SHALL COLLECT ALL SUCH NOTES
24 AND DESTROY THEM.
25 (D) PHOTOGRAPHS PROHIBITED.--NO PHOTOGRAPHS, COPIES OR OTHER
26 REPRODUCTIONS MAY BE MADE OF ANY NOTES TAKEN BY A JUROR DURING
27 TRIAL.
28 SECTION 2. THE DEFINITION OF "HEALTH CARE PROVIDER" IN <--
29 SECTION 5101.1(C) OF TITLE 42, ADDED OCTOBER 17, 2002 (P.L.880,
30 NO.127), IS AMENDED TO READ:
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1 § 5101.1. VENUE IN MEDICAL PROFESSIONAL LIABILITY ACTIONS.
2 * * *
3 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
4 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
5 SUBSECTION:
6 * * *
7 "HEALTH CARE PROVIDER." [A PRIMARY HEALTH CARE CENTER OR A
8 PERSON, INCLUDING A CORPORATION, UNIVERSITY OR OTHER EDUCATIONAL
9 INSTITUTION LICENSED OR APPROVED BY THE COMMONWEALTH TO PROVIDE
10 HEALTH CARE OR PROFESSIONAL MEDICAL SERVICES AS A PHYSICIAN, A
11 CERTIFIED NURSE MIDWIFE, A PODIATRIST, HOSPITAL, NURSING HOME,
12 BIRTH CENTER AND, EXCEPT AS TO SECTION 711(A) OF THE ACT OF
13 MARCH 20, 2002 (P.L.154, NO.13), KNOWN AS THE MEDICAL CARE
14 AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT, AN OFFICER,
15 EMPLOYEE OR AGENT OF ANY OF THEM ACTING IN THE COURSE AND SCOPE
16 OF EMPLOYMENT.] A PRIMARY HEALTH CARE CENTER, A PERSONAL CARE
17 HOME LICENSED BY THE DEPARTMENT OF PUBLIC WELFARE PURSUANT TO
18 THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC
19 WELFARE CODE, OR A PERSON, INCLUDING A CORPORATION, UNIVERSITY
20 OR OTHER EDUCATIONAL INSTITUTION LICENSED OR APPROVED BY THE
21 COMMONWEALTH TO PROVIDE HEALTH CARE OR PROFESSIONAL MEDICAL
22 SERVICES AS A PHYSICIAN, A CERTIFIED NURSE MIDWIFE, A
23 PODIATRIST, HOSPITAL, NURSING HOME, BIRTH CENTER, AND AN
24 OFFICER, EMPLOYEE OR AGENT OF ANY OF THEM ACTING IN THE COURSE
25 AND SCOPE OF EMPLOYMENT.
26 * * *
27 SECTION 3. SECTION 5522(B)(2) OF TITLE 42 IS AMENDED AND THE <--
28 SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
29 § 5522. SIX MONTHS LIMITATION.
30 * * *
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1 (B) COMMENCEMENT OF ACTION REQUIRED.--THE FOLLOWING ACTIONS
2 AND PROCEEDINGS MUST BE COMMENCED WITHIN SIX MONTHS:
3 * * *
4 (2) A PETITION FOR THE ESTABLISHMENT OF A DEFICIENCY
5 JUDGMENT FOLLOWING EXECUTION AND DELIVERY OF THE SHERIFF'S
6 DEED FOR THE PROPERTY SOLD IN CONNECTION WITH THE EXECUTION
7 PROCEEDINGS REFERENCED IN THE PROVISIONS OF SECTION 8103(A)
8 (RELATING TO DEFICIENCY JUDGMENTS).
9 * * *
10 (6) A PETITION FOR REDETERMINATION OF FAIR MARKET VALUE
11 PURSUANT TO SECTION 8103(F.1)(4) FOLLOWING EXECUTION AND
12 DELIVERY OF THE SHERIFF'S DEED FOR THE PROPERTY SOLD IN
13 CONNECTION WITH THE EXECUTION PROCEEDINGS REFERENCED UNDER
14 SECTION 8103.
15 SECTION 4. SECTIONS 6304, 6307, 6308(B)(1), 6324, 6332, <--
16 6336.1, 6341(B) AND 6351 OF TITLE 42 ARE AMENDED TO READ:
17 SECTION 3. SECTIONS 5571(C)(5), 6304, 6307, 6324, 6332, <--
18 6336.1, 6341(B) AND 6351 OF TITLE 42 ARE AMENDED TO READ:
19 § 5571. APPEALS GENERALLY.
20 * * *
21 (C) EXCEPTIONS.--
22 * * *
23 (5) ORDINANCES, RESOLUTIONS, MAPS, ETC.--[QUESTIONS]
24 NOTWITHSTANDING SECTION 909.1(A)(2) OF THE ACT OF JULY 31,
25 1968 (P.L.805, NO.247), KNOWN AS THE PENNSYLVANIA
26 MUNICIPALITIES PLANNING CODE, QUESTIONS RELATING TO AN
27 ALLEGED DEFECT IN THE PROCESS OF ENACTMENT OR ADOPTION OF ANY
28 ORDINANCE, RESOLUTION, MAP OR SIMILAR ACTION OF A POLITICAL
29 SUBDIVISION, INCLUDING APPEALS AND CHALLENGES TO THE VALIDITY
30 OF LAND USE ORDINANCES ADOPTED PURSUANT TO THE PENNSYLVANIA
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1 MUNICIPALITIES PLANNING CODE, SHALL BE RAISED BY APPEAL OR
2 CHALLENGE COMMENCED WITHIN 30 DAYS AFTER THE INTENDED
3 EFFECTIVE DATE OF THE ORDINANCE, RESOLUTION, MAP OR SIMILAR
4 ACTION. AS USED IN THIS PARAGRAPH, THE TERM "INTENDED
5 EFFECTIVE DATE" MEANS: THE EFFECTIVE DATE SPECIFIED IN THE
6 ORDINANCE, RESOLUTION, MAP OR SIMILAR ACTION OR, IF NO
7 EFFECTIVE DATE IS SPECIFIED, THE DATE 60 DAYS AFTER THE DATE
8 THE ORDINANCE, RESOLUTION, MAP OR SIMILAR ACTION WAS FINALLY
9 ADOPTED BUT FOR THE ALLEGED DEFECT IN THE PROCESS OF
10 ENACTMENT OR ADOPTION.
11 * * *
12 § 6304. POWERS AND DUTIES OF PROBATION OFFICERS.
13 (A) GENERAL RULE.--FOR THE PURPOSE OF CARRYING OUT THE
14 OBJECTIVES AND PURPOSES OF THIS CHAPTER, AND SUBJECT TO THE
15 LIMITATIONS OF THIS CHAPTER OR IMPOSED BY THE COURT, A PROBATION
16 OFFICER SHALL:
17 (1) MAKE INVESTIGATIONS, REPORTS, AND RECOMMENDATIONS TO
18 THE COURT.
19 (2) RECEIVE AND EXAMINE COMPLAINTS AND CHARGES OF
20 DELINQUENCY OR DEPENDENCY OF A CHILD FOR THE PURPOSE OF
21 CONSIDERING THE COMMENCEMENT OF PROCEEDINGS UNDER THIS
22 CHAPTER.
23 (3) SUPERVISE AND ASSIST A CHILD PLACED ON PROBATION OR
24 IN HIS PROTECTIVE SUPERVISION OR CARE BY ORDER OF THE COURT
25 OR OTHER AUTHORITY OF LAW.
26 (4) MAKE APPROPRIATE REFERRALS TO OTHER PRIVATE OR
27 PUBLIC AGENCIES OF THE COMMUNITY IF THEIR ASSISTANCE APPEARS
28 TO BE NEEDED OR DESIRABLE.
29 (5) TAKE INTO CUSTODY AND DETAIN A CHILD WHO IS UNDER
30 HIS SUPERVISION OR CARE AS A DELINQUENT OR DEPENDENT CHILD IF
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1 THE PROBATION OFFICER HAS REASONABLE CAUSE TO BELIEVE THAT
2 THE HEALTH OR SAFETY OF THE CHILD IS IN IMMINENT DANGER, OR
3 THAT HE MAY ABSCOND OR BE REMOVED FROM THE JURISDICTION OF
4 THE COURT, OR WHEN ORDERED BY THE COURT PURSUANT TO THIS
5 CHAPTER OR THAT HE VIOLATED THE CONDITIONS OF HIS PROBATION.
6 (6) PERFORM ALL OTHER FUNCTIONS DESIGNATED BY THIS
7 CHAPTER OR BY ORDER OF THE COURT PURSUANT THERETO.
8 (A.1) AUTHORITY TO SEARCH.--
9 (1) PROBATION OFFICERS MAY SEARCH THE PERSON AND
10 PROPERTY OF CHILDREN:
11 (I) UNDER THEIR SUPERVISION AS DELINQUENT CHILDREN
12 OR PURSUANT TO A CONSENT DECREE IN ACCORDANCE WITH THIS
13 SECTION;
14 (II) TAKEN INTO CUSTODY PURSUANT TO SUBSECTION (A)
15 AND SECTION 6324 (RELATING TO TAKING INTO CUSTODY); AND
16 (III) DETAINED PURSUANT TO SUBSECTION (A) AND
17 SECTION 6325 (RELATING TO DETENTION OF CHILD) OR DURING
18 THE INTAKE PROCESS PURSUANT TO SUBSECTION (A) AND SECTION
19 6331 (RELATING TO RELEASE FROM DETENTION OR COMMENCEMENT
20 OF PROCEEDINGS), AND IN ACCORDANCE WITH THIS SECTION.
21 (2) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT
22 SEARCHES OR SEIZURES IN VIOLATION OF THE CONSTITUTION OF THE
23 UNITED STATES OR SECTION 8 OF ARTICLE I OF THE CONSTITUTION
24 OF PENNSYLVANIA.
25 (3) NO VIOLATION OF THIS SECTION SHALL CONSTITUTE AN
26 INDEPENDENT GROUND FOR SUPPRESSION OF EVIDENCE IN ANY
27 PROCEEDING.
28 (4) (I) A PERSONAL SEARCH OF A CHILD MAY BE CONDUCTED
29 BY ANY PROBATION OFFICER:
30 (A) IF THERE IS A REASONABLE SUSPICION TO
20020S1452B2427 - 8 -
1 BELIEVE THAT THE CHILD POSSESSES CONTRABAND OR OTHER
2 EVIDENCE OF VIOLATIONS OF THE CONDITIONS OF
3 SUPERVISION.
4 (B) WHEN A CHILD IS TRANSPORTED OR TAKEN INTO
5 CUSTODY.
6 (C) WHEN A CHILD ENTERS OR LEAVES A DETENTION
7 CENTER, INSTITUTION OR OTHER FACILITY FOR ALLEGED OR
8 ADJUDICATED DELINQUENT CHILDREN.
9 (II) A PROPERTY SEARCH MAY BE CONDUCTED BY ANY
10 PROBATION OFFICER IF THERE IS REASONABLE SUSPICION TO
11 BELIEVE THAT THE REAL OR OTHER PROPERTY IN THE POSSESSION
12 OF OR UNDER THE CONTROL OF THE CHILD CONTAINS CONTRABAND
13 OR OTHER EVIDENCE OF VIOLATIONS OF THE CONDITIONS OF
14 SUPERVISION.
15 (III) PRIOR APPROVAL OF A SUPERVISOR SHALL BE
16 OBTAINED FOR A PROPERTY SEARCH ABSENT EXIGENT
17 CIRCUMSTANCES, OR UNLESS THE SEARCH IS BEING CONDUCTED BY
18 A SUPERVISOR. NO PRIOR APPROVAL SHALL BE REQUIRED FOR A
19 PERSONAL SEARCH.
20 (IV) A WRITTEN REPORT OF EVERY PROPERTY SEARCH
21 CONDUCTED WITHOUT PRIOR APPROVAL SHALL BE PREPARED BY THE
22 PROBATION OFFICER WHO CONDUCTED THE SEARCH AND FILED IN
23 THE CHILD'S CASE RECORD. THE EXIGENT CIRCUMSTANCES SHALL
24 BE STATED IN THE REPORT.
25 (V) THE CHILD MAY BE DETAINED IF HE IS PRESENT
26 DURING A PROPERTY SEARCH. IF THE CHILD IS NOT PRESENT
27 DURING A PROPERTY SEARCH, THE PROBATION OFFICER IN CHARGE
28 OF THE SEARCH SHALL MAKE A REASONABLE EFFORT TO PROVIDE
29 THE CHILD WITH NOTICE OF THE SEARCH, INCLUDING A LIST OF
30 THE ITEMS SEIZED, AFTER THE SEARCH IS COMPLETED.
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1 (VI) THE EXISTENCE OF REASONABLE SUSPICION TO SEARCH
2 SHALL BE DETERMINED IN ACCORDANCE WITH CONSTITUTIONAL
3 SEARCH AND SEIZURE PROVISIONS AS APPLIED BY JUDICIAL
4 DECISION. IN ACCORDANCE WITH THAT CASE LAW, THE FOLLOWING
5 FACTORS, WHERE APPLICABLE, MAY BE TAKEN INTO ACCOUNT:
6 (A) THE OBSERVATIONS OF OFFICERS.
7 (B) INFORMATION PROVIDED BY OTHERS.
8 (C) THE ACTIVITIES OF THE CHILD.
9 (D) INFORMATION PROVIDED BY THE CHILD.
10 (E) THE EXPERIENCE OF THE PROBATION OFFICER WITH
11 THE CHILD.
12 (F) THE EXPERIENCE OF PROBATION OFFICERS IN
13 SIMILAR CIRCUMSTANCES.
14 (G) THE PRIOR DELINQUENT AND SUPERVISORY HISTORY
15 OF THE OFFENDER.
16 (H) THE NEED TO VERIFY COMPLIANCE WITH THE
17 CONDITIONS OF SUPERVISION.
18 (B) FOREIGN JURISDICTIONS.--ANY OF THE FUNCTIONS SPECIFIED
19 IN SUBSECTION (A) MAY BE PERFORMED IN ANOTHER JURISDICTION IF
20 AUTHORIZED BY THE COURT OF THIS COMMONWEALTH AND PERMITTED BY
21 THE LAWS OF THE OTHER JURISDICTION.
22 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
23 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
24 SUBSECTION:
25 "CONDITIONS OF SUPERVISION." A TERM OR CONDITION OF A
26 CHILD'S SUPERVISION, WHETHER IMPOSED BY THE COURT OR A PROBATION
27 OFFICER, INCLUDING COMPLIANCE WITH ALL REQUIREMENTS OF FEDERAL,
28 STATE AND LOCAL LAW.
29 "CONTRABAND." AN ITEM THAT A CHILD IS NOT PERMITTED TO
30 POSSESS UNDER THE CONDITIONS OF SUPERVISION, INCLUDING AN ITEM
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1 WHOSE POSSESSION IS FORBIDDEN BY ANY FEDERAL, STATE OR LOCAL
2 LAW.
3 "COURT." THE COURT OF COMMON PLEAS OR A JUDGE THEREOF.
4 "EXIGENT CIRCUMSTANCES." THE TERM INCLUDES, BUT IS NOT
5 LIMITED TO, REASONABLE SUSPICION THAT CONTRABAND OR OTHER
6 EVIDENCE OF VIOLATIONS OF THE CONDITIONS OF SUPERVISION MIGHT BE
7 DESTROYED OR SUSPICION THAT A WEAPON MIGHT BE USED.
8 "PERSONAL SEARCH." A WARRANTLESS SEARCH OF A CHILD'S PERSON,
9 INCLUDING, BUT NOT LIMITED TO, THE CHILD'S CLOTHING AND ANY
10 PERSONAL PROPERTY WHICH IS IN THE POSSESSION, WITHIN THE REACH
11 OR UNDER THE CONTROL OF THE CHILD.
12 "PROBATION OFFICER." A PROBATION OFFICER APPOINTED OR
13 EMPLOYED BY A COURT OR BY A COUNTY PROBATION DEPARTMENT.
14 "PROPERTY SEARCH." A WARRANTLESS SEARCH OF REAL PROPERTY,
15 VEHICLE OR PERSONAL PROPERTY WHICH IS IN THE POSSESSION OR UNDER
16 THE CONTROL OF A CHILD.
17 "SUPERVISOR." AN INDIVIDUAL ACTING IN A SUPERVISORY OR
18 ADMINISTRATIVE CAPACITY.
19 § 6307. INSPECTION OF COURT FILES AND RECORDS.
20 ALL FILES AND RECORDS OF THE COURT IN A PROCEEDING UNDER THIS
21 CHAPTER ARE OPEN TO INSPECTION ONLY BY:
22 (1) THE JUDGES, OFFICERS AND PROFESSIONAL STAFF OF THE
23 COURT.
24 (2) THE PARTIES TO THE PROCEEDING AND THEIR COUNSEL AND
25 REPRESENTATIVES, BUT THE PERSONS IN THIS CATEGORY SHALL NOT
26 BE PERMITTED TO SEE REPORTS REVEALING THE NAMES OF
27 CONFIDENTIAL SOURCES OF INFORMATION CONTAINED IN SOCIAL
28 REPORTS, EXCEPT AT THE DISCRETION OF THE COURT.
29 (3) A PUBLIC OR PRIVATE AGENCY OR INSTITUTION PROVIDING
30 SUPERVISION OR HAVING CUSTODY OF THE CHILD UNDER ORDER OF THE
20020S1452B2427 - 11 -
1 COURT.
2 (4) A COURT AND ITS PROBATION AND OTHER OFFICIALS OR
3 PROFESSIONAL STAFF AND THE ATTORNEY FOR THE DEFENDANT FOR USE
4 IN PREPARING A PRESENTENCE REPORT IN A CRIMINAL CASE IN WHICH
5 THE DEFENDANT IS CONVICTED AND WHO PRIOR THERETO HAD BEEN A
6 PARTY TO A PROCEEDING UNDER THIS CHAPTER.
7 (5) A JUDGE OR ISSUING AUTHORITY FOR USE IN DETERMINING
8 BAIL, PROVIDED THAT SUCH INSPECTION IS LIMITED TO ORDERS OF
9 DELINQUENCY ADJUDICATIONS AND DISPOSITIONS AND PETITIONS
10 RELATING THERETO, ORDERS RESULTING FROM DISPOSITION REVIEW
11 HEARINGS AND HISTORIES OF BENCH WARRANTS AND ESCAPES.
12 (6) THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS.
13 (6.1) THE JUDGES, OFFICERS AND PROFESSIONAL STAFF OF
14 COURTS OF OTHER JURISDICTIONS WHEN NECESSARY FOR THE
15 DISCHARGE OF THEIR OFFICIAL DUTIES.
16 (6.2) OFFICIALS OF THE DEPARTMENT OF CORRECTIONS OR A
17 STATE CORRECTIONAL INSTITUTION OR OTHER PENAL INSTITUTION TO
18 WHICH AN INDIVIDUAL WHO WAS PREVIOUSLY ADJUDICATED DELINQUENT
19 IN A PROCEEDING UNDER THIS CHAPTER HAS BEEN COMMITTED, BUT
20 THE PERSONS IN THIS CATEGORY SHALL NOT BE PERMITTED TO SEE
21 REPORTS REVEALING THE NAMES OF CONFIDENTIAL SOURCES OF
22 INFORMATION CONTAINED IN SOCIAL REPORTS, EXCEPT AT THE
23 DISCRETION OF THE COURT.
24 (6.3) A PAROLE BOARD, COURT OR COUNTY PROBATION OFFICIAL
25 IN CONSIDERING AN INDIVIDUAL'S PAROLE OR IN EXERCISING
26 SUPERVISION OVER ANY INDIVIDUAL WHO WAS PREVIOUSLY
27 ADJUDICATED DELINQUENT IN A PROCEEDING UNDER THIS CHAPTER,
28 BUT THE PERSONS IN THIS CATEGORY SHALL NOT BE PERMITTED TO
29 SEE REPORTS REVEALING THE NAMES OF CONFIDENTIAL SOURCES OF
30 INFORMATION CONTAINED IN SOCIAL REPORTS, EXCEPT AT THE
20020S1452B2427 - 12 -
1 DISCRETION OF THE COURT.
2 (7) WITH LEAVE OF COURT, ANY OTHER PERSON OR AGENCY OR
3 INSTITUTION HAVING A LEGITIMATE INTEREST IN THE PROCEEDINGS
4 OR IN THE WORK OF THE UNIFIED JUDICIAL SYSTEM.
5 § 6308. LAW ENFORCEMENT RECORDS. <--
6 * * *
7 (B) PUBLIC AVAILABILITY.--
8 (1) THE CONTENTS OF LAW ENFORCEMENT RECORDS AND FILES
9 CONCERNING A CHILD SHALL NOT BE DISCLOSED TO THE PUBLIC
10 [EXCEPT IF THE CHILD IS 14 OR MORE YEARS OF AGE AT THE TIME
11 OF THE ALLEGED CONDUCT AND IF ANY OF] UNLESS ANY OF THE
12 FOLLOWING APPLY:
13 (I) THE CHILD HAS BEEN ADJUDICATED DELINQUENT BY A
14 COURT AS A RESULT OF AN ACT OR ACTS [WHICH INCLUDE THE
15 ELEMENTS OF RAPE, KIDNAPPING, MURDER, ROBBERY, ARSON,
16 BURGLARY, VIOLATION OF SECTION 13(A)(30) OF THE ACT OF
17 APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED
18 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR OTHER ACT
19 INVOLVING THE USE OF OR THREAT OF SERIOUS BODILY HARM.]
20 COMMITTED:
21 (A) WHEN THE CHILD WAS 14 YEARS OF AGE OR OLDER AND
22 THE CONDUCT WOULD BE CONSIDERED A FELONY IF COMMITTED BY
23 AN ADULT; OR
24 (B) WHEN THE CHILD WAS 12 OR 13 YEARS OF AGE AND THE
25 CONDUCT WOULD HAVE CONSTITUTED ONE OR MORE OF THE
26 FOLLOWING OFFENSES IF COMMITTED BY AN ADULT:
27 (I) MURDER.
28 (II) VOLUNTARY MANSLAUGHTER.
29 (III) AGGRAVATED ASSAULT AS DEFINED IN 18
30 PA.C.S. § 2702(A)(1) OR (2) (RELATING TO AGGRAVATED
20020S1452B2427 - 13 -
1 ASSAULT).
2 (IV) ARSON AS DEFINED IN 18 PA.C.S. § 3301(A)(1)
3 (RELATING TO ARSON AND RELATED OFFENSES).
4 (V) INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
5 (VI) KIDNAPPING.
6 (VII) RAPE.
7 (VIII) ROBBERY AS DEFINED IN 18 PA.C.S. §
8 3701(A)(1)(I), (II) OR (III) (RELATING TO ROBBERY).
9 (IX) ROBBERY OF MOTOR VEHICLE.
10 (X) ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE
11 OFFENSES IN THIS SUBPARAGRAPH.
12 (II) A PETITION ALLEGING DELINQUENCY HAS BEEN FILED
13 BY A LAW ENFORCEMENT AGENCY ALLEGING THAT THE CHILD HAS
14 COMMITTED AN ACT OR ACTS [WHICH INCLUDE THE ELEMENTS OF
15 RAPE, KIDNAPPING, MURDER, ROBBERY, ARSON, BURGLARY,
16 VIOLATION OF SECTION 13(A)(30) OF THE CONTROLLED
17 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR OTHER ACT
18 INVOLVING THE USE OF OR THREAT OF SERIOUS BODILY HARM]
19 SUBJECT TO A HEARING PURSUANT TO SECTION 6336(E) AND THE
20 CHILD PREVIOUSLY HAS BEEN ADJUDICATED DELINQUENT BY A
21 COURT AS A RESULT OF AN ACT OR ACTS [WHICH INCLUDED THE
22 ELEMENTS OF ONE OF SUCH CRIMES.] COMMITTED:
23 (A) WHEN THE CHILD WAS 14 YEARS OF AGE OR OLDER AND
24 THE CONDUCT WOULD BE CONSIDERED A FELONY IF COMMITTED BY
25 AN ADULT; OR
26 (B) WHEN THE CHILD WAS 12 OR 13 YEARS OF AGE AND THE
27 CONDUCT WOULD HAVE CONSTITUTED ONE OR MORE OF THE
28 FOLLOWING OFFENSES IF COMMITTED BY AN ADULT:
29 (I) MURDER.
30 (II) VOLUNTARY MANSLAUGHTER.
20020S1452B2427 - 14 -
1 (III) AGGRAVATED ASSAULT AS DEFINED IN 18
2 PA.C.S. § 2702(A)(1) OR (2) (RELATING TO AGGRAVATED
3 ASSAULT).
4 (IV) ARSON AS DEFINED IN 18 PA.C.S. § 3301(A)(1)
5 (RELATING TO ARSON AND RELATED OFFENSES).
6 (V) INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
7 (VI) KIDNAPPING.
8 (VII) RAPE.
9 (VIII) ROBBERY AS DEFINED IN 18 PA.C.S. §
10 3701(A)(1)(I), (II) OR (III) (RELATING TO ROBBERY).
11 (IX) ROBBERY OF MOTOR VEHICLE.
12 (X) ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE
13 OFFENSES IN THIS SUBPARAGRAPH.
14 * * *
15 § 6324. TAKING INTO CUSTODY.
16 A CHILD MAY BE TAKEN INTO CUSTODY:
17 (1) PURSUANT TO AN ORDER OF THE COURT UNDER THIS
18 CHAPTER. PRIOR TO ENTERING A PROTECTIVE CUSTODY ORDER
19 REMOVING A CHILD FROM THE HOME OF THE PARENT, GUARDIAN OR
20 CUSTODIAN, THE COURT MUST DETERMINE THAT TO ALLOW THE CHILD
21 TO REMAIN IN THE HOME IS CONTRARY TO THE WELFARE OF THE
22 CHILD.
23 (2) PURSUANT TO THE LAWS OF ARREST.
24 (3) BY A LAW ENFORCEMENT OFFICER OR DULY AUTHORIZED
25 OFFICER OF THE COURT IF THERE ARE REASONABLE GROUNDS TO
26 BELIEVE THAT THE CHILD IS SUFFERING FROM ILLNESS OR INJURY OR
27 IS IN IMMINENT DANGER FROM HIS SURROUNDINGS, AND THAT HIS
28 REMOVAL IS NECESSARY.
29 (4) BY A LAW ENFORCEMENT OFFICER OR DULY AUTHORIZED
30 OFFICER OF THE COURT IF THERE ARE REASONABLE GROUNDS TO
20020S1452B2427 - 15 -
1 BELIEVE THAT THE CHILD HAS RUN AWAY FROM HIS PARENTS,
2 GUARDIAN, OR OTHER CUSTODIAN.
3 (5) BY A LAW ENFORCEMENT OFFICER OR DULY AUTHORIZED
4 OFFICER OF THE COURT IF THERE ARE REASONABLE GROUNDS TO
5 BELIEVE THAT THE CHILD HAS VIOLATED CONDITIONS OF HIS
6 PROBATION.
7 § 6332. INFORMAL HEARING.
8 (A) GENERAL RULE.--AN INFORMAL HEARING SHALL BE HELD
9 PROMPTLY BY THE COURT OR MASTER AND NOT LATER THAN 72 HOURS
10 AFTER THE CHILD IS PLACED IN DETENTION OR SHELTER CARE TO
11 DETERMINE WHETHER HIS DETENTION OR SHELTER CARE IS REQUIRED
12 UNDER SECTION 6325 (RELATING TO DETENTION OF CHILD), WHETHER TO
13 ALLOW THE CHILD TO REMAIN IN THE HOME WOULD BE CONTRARY TO THE
14 WELFARE OF THE CHILD, AND IF THE CHILD IS ALLEGED TO BE
15 DELINQUENT, [THAT] WHETHER PROBABLE CAUSE EXISTS THAT THE CHILD
16 HAS COMMITTED A DELINQUENT ACT. REASONABLE NOTICE THEREOF,
17 EITHER ORAL OR WRITTEN, STATING THE TIME, PLACE, AND PURPOSE OF
18 THE HEARING SHALL BE GIVEN TO THE CHILD AND IF THEY CAN BE
19 FOUND, TO HIS PARENTS, GUARDIAN, OR OTHER CUSTODIAN. PRIOR TO
20 THE COMMENCEMENT OF THE HEARING THE COURT OR MASTER SHALL INFORM
21 THE PARTIES OF THEIR RIGHT TO COUNSEL AND TO APPOINTED COUNSEL
22 IF THEY ARE NEEDY PERSONS, AND OF THE RIGHT OF THE CHILD TO
23 REMAIN SILENT WITH RESPECT TO ANY ALLEGATIONS OF DELINQUENCY. IF
24 THE CHILD IS ALLEGED TO BE A DEPENDENT CHILD, THE COURT OR
25 MASTER SHALL ALSO DETERMINE WHETHER REASONABLE EFFORTS WERE MADE
26 TO PREVENT SUCH PLACEMENT OR, IN THE CASE OF AN EMERGENCY
27 PLACEMENT WHERE SERVICES WERE NOT OFFERED AND COULD NOT HAVE
28 PREVENTED THE NECESSITY OF PLACEMENT, WHETHER [SUCH LACK OF
29 EFFORTS WAS REASONABLE.] THIS LEVEL OF EFFORT WAS REASONABLE DUE
30 TO THE EMERGENCY NATURE OF THE SITUATION, SAFETY CONSIDERATIONS
20020S1452B2427 - 16 -
1 AND CIRCUMSTANCES OF THE FAMILY.
2 (B) REHEARING.--IF THE CHILD IS NOT SO RELEASED AND A
3 PARENT, GUARDIAN OR OTHER CUSTODIAN HAS NOT BEEN NOTIFIED OF THE
4 HEARING, DID NOT APPEAR OR WAIVE APPEARANCE AT THE HEARING, AND
5 FILES HIS AFFIDAVIT SHOWING THESE FACTS, THE COURT OR MASTER
6 SHALL REHEAR THE MATTER WITHOUT UNNECESSARY DELAY AND ORDER
7 RELEASE OF THE CHILD, UNLESS IT APPEARS FROM THE HEARING THAT
8 HIS DETENTION OR SHELTER CARE IS REQUIRED UNDER SECTION 6325.
9 § 6336.1. NOTICE AND HEARING.
10 THE COURT SHALL DIRECT THE COUNTY AGENCY OR JUVENILE
11 PROBATION DEPARTMENT TO PROVIDE THE CHILD'S FOSTER PARENT,
12 PREADOPTIVE PARENT OR RELATIVE PROVIDING CARE FOR THE CHILD WITH
13 TIMELY NOTICE OF THE HEARING. THE COURT SHALL PROVIDE THE
14 CHILD'S FOSTER PARENT, PREADOPTIVE PARENT OR RELATIVE PROVIDING
15 CARE FOR THE CHILD THE OPPORTUNITY TO BE HEARD AT ANY HEARING
16 UNDER THIS CHAPTER. [NOTHING] UNLESS A FOSTER PARENT,
17 PREADOPTIVE PARENT OR RELATIVE PROVIDING CARE FOR A CHILD HAS
18 BEEN AWARDED LEGAL CUSTODY PURSUANT TO SECTION 6357 (RELATING TO
19 RIGHTS AND DUTIES OF LEGAL CUSTODIAN), NOTHING IN THIS SECTION
20 SHALL GIVE THE FOSTER PARENT, PREADOPTIVE PARENT OR RELATIVE
21 PROVIDING CARE FOR THE CHILD LEGAL STANDING IN THE MATTER BEING
22 HEARD BY THE COURT.
23 § 6341. ADJUDICATION.
24 * * *
25 (B) FINDING OF DELINQUENCY.--IF THE COURT FINDS ON PROOF
26 BEYOND A REASONABLE DOUBT THAT THE CHILD COMMITTED THE ACTS BY
27 REASON OF WHICH HE IS ALLEGED TO BE DELINQUENT IT SHALL ENTER
28 SUCH FINDING ON THE RECORD AND [IT] SHALL SPECIFY THE PARTICULAR
29 OFFENSES INCLUDING THE GRADING AND COUNTS THEREOF WHICH THE
30 CHILD IS FOUND TO HAVE COMMITTED. THE COURT SHALL THEN PROCEED
20020S1452B2427 - 17 -
1 IMMEDIATELY OR AT A POSTPONED HEARING, WHICH SHALL OCCUR NOT
2 LATER THAN 20 DAYS AFTER [ADJUDICATION] SUCH FINDING IF THE
3 CHILD IS IN DETENTION OR NOT MORE THAN 60 DAYS AFTER
4 [ADJUDICATION] SUCH FINDING IF THE CHILD IS NOT IN DETENTION, TO
5 HEAR EVIDENCE AS TO WHETHER THE CHILD IS IN NEED OF TREATMENT,
6 SUPERVISION OR REHABILITATION AND TO MAKE AND FILE ITS FINDINGS
7 THEREON. THIS TIME LIMITATION MAY ONLY BE EXTENDED PURSUANT TO
8 THE AGREEMENT OF THE CHILD AND THE ATTORNEY FOR THE
9 COMMONWEALTH. THE COURT'S FAILURE TO COMPLY WITH THE TIME
10 LIMITATIONS STATED IN THIS SECTION SHALL NOT BE GROUNDS FOR
11 DISCHARGING THE CHILD OR DISMISSING THE PROCEEDING. IN THE
12 ABSENCE OF EVIDENCE TO THE CONTRARY, EVIDENCE OF THE COMMISSION
13 OF ACTS WHICH CONSTITUTE A FELONY SHALL BE SUFFICIENT TO SUSTAIN
14 A FINDING THAT THE CHILD IS IN NEED OF TREATMENT, SUPERVISION OR
15 REHABILITATION. IF THE COURT FINDS THAT THE CHILD IS NOT IN NEED
16 OF TREATMENT, SUPERVISION OR REHABILITATION IT SHALL DISMISS THE
17 PROCEEDING AND DISCHARGE THE CHILD FROM ANY DETENTION OR OTHER
18 RESTRICTION THERETOFORE ORDERED.
19 * * *
20 § 6351. DISPOSITION OF DEPENDENT CHILD.
21 (A) GENERAL RULE.--IF THE CHILD IS FOUND TO BE A DEPENDENT
22 CHILD THE COURT MAY MAKE ANY OF THE FOLLOWING ORDERS OF
23 DISPOSITION BEST SUITED TO THE SAFETY, PROTECTION AND PHYSICAL,
24 MENTAL, AND MORAL WELFARE OF THE CHILD:
25 (1) PERMIT THE CHILD TO REMAIN WITH HIS PARENTS,
26 GUARDIAN, OR OTHER CUSTODIAN, SUBJECT TO CONDITIONS AND
27 LIMITATIONS AS THE COURT PRESCRIBES, INCLUDING SUPERVISION AS
28 DIRECTED BY THE COURT FOR THE PROTECTION OF THE CHILD.
29 (2) SUBJECT TO CONDITIONS AND LIMITATIONS AS THE COURT
30 PRESCRIBES TRANSFER TEMPORARY LEGAL CUSTODY TO ANY OF THE
20020S1452B2427 - 18 -
1 FOLLOWING:
2 (I) ANY INDIVIDUAL RESIDENT WITHIN OR WITHOUT THIS
3 COMMONWEALTH, INCLUDING ANY RELATIVE, WHO, AFTER STUDY BY
4 THE PROBATION OFFICER OR OTHER PERSON OR AGENCY
5 DESIGNATED BY THE COURT, IS FOUND BY THE COURT TO BE
6 QUALIFIED TO RECEIVE AND CARE FOR THE CHILD.
7 (II) AN AGENCY OR OTHER PRIVATE ORGANIZATION
8 LICENSED OR OTHERWISE AUTHORIZED BY LAW TO RECEIVE AND
9 PROVIDE CARE FOR THE CHILD.
10 (III) A PUBLIC AGENCY AUTHORIZED BY LAW TO RECEIVE
11 AND PROVIDE CARE FOR THE CHILD.
12 (2.1) SUBJECT TO CONDITIONS AND LIMITATIONS AS THE COURT
13 PRESCRIBES, TRANSFER PERMANENT LEGAL CUSTODY TO AN INDIVIDUAL
14 RESIDENT IN OR OUTSIDE THIS COMMONWEALTH, INCLUDING ANY
15 RELATIVE, WHO, AFTER STUDY BY THE PROBATION OFFICER OR OTHER
16 PERSON OR AGENCY DESIGNATED BY THE COURT, IS FOUND BY THE
17 COURT TO BE QUALIFIED TO RECEIVE AND CARE FOR THE CHILD. A
18 COURT ORDER UNDER THIS PARAGRAPH MAY SET FORTH THE TEMPORARY
19 VISITATION RIGHTS OF THE PARENTS. THE COURT SHALL REFER
20 ISSUES RELATED TO SUPPORT AND CONTINUING VISITATION BY THE
21 PARENT TO THE SECTION OF THE COURT OF COMMON PLEAS THAT
22 REGULARLY DETERMINES SUPPORT AND VISITATION.
23 (3) WITHOUT MAKING ANY OF THE FOREGOING ORDERS TRANSFER
24 CUSTODY OF THE CHILD TO THE JUVENILE COURT OF ANOTHER STATE
25 IF AUTHORIZED BY AND IN ACCORDANCE WITH SECTION 6363
26 (RELATING TO ORDERING FOREIGN SUPERVISION).
27 (B) REQUIRED PREPLACEMENT FINDINGS.--PRIOR TO ENTERING ANY
28 ORDER OF DISPOSITION UNDER SUBSECTION (A) THAT WOULD REMOVE A
29 DEPENDENT CHILD FROM HIS HOME, THE COURT SHALL ENTER FINDINGS ON
30 THE RECORD OR IN THE ORDER OF COURT AS FOLLOWS:
20020S1452B2427 - 19 -
1 (1) THAT CONTINUATION OF THE CHILD IN HIS HOME WOULD BE
2 CONTRARY TO THE WELFARE, SAFETY OR HEALTH OF THE CHILD; AND
3 (2) WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE
4 PLACEMENT OF THE CHILD TO PREVENT OR ELIMINATE THE NEED FOR
5 REMOVAL OF THE CHILD FROM HIS HOME, IF THE CHILD HAS REMAINED
6 IN HIS HOME PENDING SUCH DISPOSITION; OR
7 (3) IF PREVENTIVE SERVICES WERE NOT OFFERED DUE TO THE
8 NECESSITY FOR AN EMERGENCY PLACEMENT, WHETHER SUCH LACK OF
9 SERVICES WAS REASONABLE UNDER THE CIRCUMSTANCES; OR
10 (4) IF THE COURT HAS PREVIOUSLY DETERMINED PURSUANT TO
11 SECTION 6332 (RELATING TO INFORMAL HEARING) THAT REASONABLE
12 EFFORTS WERE NOT MADE TO PREVENT THE INITIAL REMOVAL OF THE
13 CHILD FROM HIS HOME, WHETHER REASONABLE EFFORTS ARE UNDER WAY
14 TO MAKE IT POSSIBLE FOR THE CHILD TO RETURN HOME.
15 THE COURT SHALL NOT ENTER FINDINGS UNDER PARAGRAPH (2), (3) OR
16 (4) IF THE COURT PREVIOUSLY DETERMINED THAT AGGRAVATED
17 CIRCUMSTANCES EXIST AND NO NEW OR ADDITIONAL REASONABLE EFFORTS
18 TO PREVENT OR ELIMINATE THE NEED FOR REMOVING THE CHILD FROM THE
19 HOME OR TO PRESERVE AND REUNIFY THE FAMILY ARE REQUIRED.
20 (C) LIMITATION ON CONFINEMENT.--UNLESS A CHILD FOUND TO BE
21 DEPENDENT IS FOUND ALSO TO BE DELINQUENT HE SHALL NOT BE
22 COMMITTED TO OR CONFINED IN AN INSTITUTION OR OTHER FACILITY
23 DESIGNED OR OPERATED FOR THE BENEFIT OF DELINQUENT CHILDREN.
24 (D) COUNTY PROGRAMS.--EVERY COUNTY OF THIS COMMONWEALTH
25 SHALL DEVELOP PROGRAMS FOR CHILDREN UNDER PARAGRAPH (5) OR (6)
26 OF THE DEFINITION OF "DEPENDENT CHILD" IN SECTION 6302 (RELATING
27 TO DEFINITIONS).
28 (E) PERMANENCY HEARINGS.--
29 (1) THE COURT SHALL CONDUCT A PERMANENCY HEARING FOR THE
30 PURPOSE OF DETERMINING OR REVIEWING THE PERMANENCY PLAN OF
20020S1452B2427 - 20 -
1 THE CHILD, THE DATE BY WHICH THE GOAL OF PERMANENCY FOR THE
2 CHILD MIGHT BE ACHIEVED AND WHETHER PLACEMENT CONTINUES TO BE
3 BEST SUITED TO THE SAFETY, PROTECTION AND PHYSICAL, MENTAL
4 AND MORAL WELFARE OF THE CHILD.
5 (2) IF THE COUNTY AGENCY OR THE CHILD'S ATTORNEY ALLEGES
6 THE EXISTENCE OF AGGRAVATED CIRCUMSTANCES AND THE COURT
7 DETERMINES THAT THE CHILD HAS BEEN ADJUDICATED DEPENDENT, THE
8 COURT SHALL THEN DETERMINE IF AGGRAVATED CIRCUMSTANCES EXIST.
9 IF THE COURT FINDS FROM CLEAR AND CONVINCING EVIDENCE THAT
10 AGGRAVATED CIRCUMSTANCES EXIST, THE COURT SHALL DETERMINE
11 WHETHER OR NOT REASONABLE EFFORTS TO PREVENT OR ELIMINATE THE
12 NEED FOR REMOVING THE CHILD FROM THE [HOME] CHILD'S PARENT,
13 GUARDIAN OR CUSTODIAN OR TO PRESERVE AND REUNIFY THE FAMILY
14 SHALL BE MADE OR CONTINUE TO BE MADE AND SCHEDULE A HEARING
15 AS PROVIDED IN PARAGRAPH (3).
16 (3) THE COURT SHALL CONDUCT PERMANENCY HEARINGS AS
17 FOLLOWS:
18 (I) WITHIN SIX MONTHS OF:
19 (A) THE [REMOVAL OF A CHILD] DATE OF THE CHILD'S
20 REMOVAL FROM [THE HOME OF] THE CHILD'S PARENT,
21 GUARDIAN OR CUSTODIAN FOR PLACEMENT UNDER SECTIONS
22 6324 (RELATING TO TAKING INTO CUSTODY) OR 6332 OR
23 PURSUANT TO A TRANSFER OF TEMPORARY LEGAL CUSTODY OR
24 OTHER DISPOSITION UNDER SUBSECTION (A)(2), WHICHEVER
25 IS THE EARLIEST; OR
26 (B) EACH PREVIOUS PERMANENCY HEARING UNTIL THE
27 CHILD IS RETURNED [HOME] TO THE CHILD'S PARENT,
28 GUARDIAN OR CUSTODIAN OR REMOVED FROM THE
29 JURISDICTION OF THE COURT.
30 (II) WITHIN 30 DAYS OF:
20020S1452B2427 - 21 -
1 (A) AN ADJUDICATION OF DEPENDENCY AT WHICH THE
2 COURT DETERMINED THAT AGGRAVATED CIRCUMSTANCES EXIST
3 AND THAT REASONABLE EFFORTS TO PREVENT OR ELIMINATE
4 THE NEED TO REMOVE THE CHILD FROM THE [HOME] CHILD'S
5 PARENT, GUARDIAN OR CUSTODIAN OR TO PRESERVE AND
6 REUNIFY THE FAMILY NEED NOT BE MADE OR CONTINUE TO BE
7 MADE;
8 (B) A PERMANENCY HEARING AT WHICH THE COURT
9 DETERMINED THAT AGGRAVATED CIRCUMSTANCES EXIST AND
10 THAT REASONABLE EFFORTS TO PREVENT OR ELIMINATE THE
11 NEED TO REMOVE THE CHILD FROM THE [HOME] CHILD'S
12 PARENT, GUARDIAN OR CUSTODIAN OR TO PRESERVE AND
13 REUNIFY THE FAMILY NEED NOT BE MADE OR CONTINUE TO BE
14 MADE AND THE PERMANENCY PLAN FOR THE CHILD IS
15 INCOMPLETE OR INCONSISTENT WITH THE COURT'S
16 DETERMINATION;
17 (C) AN ALLEGATION THAT AGGRAVATED CIRCUMSTANCES
18 EXIST REGARDING A CHILD WHO HAS BEEN ADJUDICATED
19 DEPENDENT, FILED UNDER SECTION 6334(B) (RELATING TO
20 PETITION); OR
21 (D) A PETITION ALLEGING THAT THE HEARING IS
22 NECESSARY TO PROTECT THE SAFETY OR PHYSICAL, MENTAL
23 OR MORAL WELFARE OF A DEPENDENT CHILD.
24 (F) MATTERS TO BE DETERMINED AT PERMANENCY HEARING.--[AT
25 EACH HEARING, THE COURT SHALL:] AT EACH PERMANENCY HEARING, A
26 COURT SHALL DETERMINE ALL OF THE FOLLOWING:
27 (1) [DETERMINE THE] THE CONTINUING NECESSITY FOR AND
28 APPROPRIATENESS OF THE PLACEMENT[;].
29 (2) [DETERMINE THE] THE APPROPRIATENESS, FEASIBILITY AND
30 EXTENT OF COMPLIANCE WITH THE PERMANENCY PLAN DEVELOPED FOR
20020S1452B2427 - 22 -
1 THE CHILD[;].
2 (3) [DETERMINE THE] THE EXTENT OF PROGRESS MADE TOWARD
3 ALLEVIATING THE CIRCUMSTANCES WHICH NECESSITATED THE ORIGINAL
4 PLACEMENT[;].
5 (4) [DETERMINE THE] THE APPROPRIATENESS AND FEASIBILITY
6 OF THE CURRENT PLACEMENT GOAL FOR THE CHILD[;].
7 (5) [PROJECT A] THE LIKELY DATE BY WHICH THE PLACEMENT
8 GOAL FOR THE CHILD MIGHT BE ACHIEVED[;].
9 (5.1) WHETHER REASONABLE EFFORTS WERE MADE TO FINALIZE
10 THE PERMANENCY PLAN IN EFFECT.
11 (6) [DETERMINE WHETHER] WHETHER THE CHILD IS SAFE[;].
12 (7) [DETERMINE, IF] IF THE CHILD HAS BEEN PLACED OUTSIDE
13 THE COMMONWEALTH, WHETHER THE PLACEMENT CONTINUES TO BE BEST
14 SUITED TO THE SAFETY, PROTECTION AND PHYSICAL, MENTAL AND
15 MORAL WELFARE OF THE CHILD[;].
16 (8) [DETERMINE THE] THE SERVICES NEEDED TO ASSIST A
17 CHILD WHO IS 16 YEARS OF AGE OR OLDER TO MAKE THE TRANSITION
18 TO INDEPENDENT LIVING[; AND].
19 (9) [IF] IF THE CHILD HAS BEEN IN PLACEMENT FOR AT LEAST
20 15 OF THE LAST 22 MONTHS OR THE COURT HAS DETERMINED THAT
21 AGGRAVATED CIRCUMSTANCES EXIST AND THAT REASONABLE EFFORTS TO
22 PREVENT OR ELIMINATE THE NEED TO REMOVE THE CHILD FROM THE
23 [HOME] CHILD'S PARENT, GUARDIAN OR CUSTODIAN OR TO PRESERVE
24 AND REUNIFY THE FAMILY NEED NOT BE MADE OR CONTINUE TO BE
25 MADE, [DETERMINE] WHETHER THE COUNTY AGENCY HAS FILED OR
26 SOUGHT TO JOIN A PETITION TO TERMINATE PARENTAL RIGHTS AND TO
27 IDENTIFY, RECRUIT, PROCESS AND APPROVE A QUALIFIED FAMILY TO
28 ADOPT THE CHILD UNLESS:
29 (I) THE CHILD IS BEING CARED FOR BY A RELATIVE BEST
30 SUITED TO THE PHYSICAL, MENTAL AND MORAL WELFARE OF THE
20020S1452B2427 - 23 -
1 CHILD;
2 (II) THE COUNTY AGENCY HAS DOCUMENTED A COMPELLING
3 REASON FOR DETERMINING THAT FILING A PETITION TO
4 TERMINATE PARENTAL RIGHTS WOULD NOT SERVE THE NEEDS AND
5 WELFARE OF THE CHILD; OR
6 (III) THE CHILD'S FAMILY HAS NOT BEEN PROVIDED WITH
7 NECESSARY SERVICES TO ACHIEVE THE SAFE RETURN TO THE
8 CHILD'S [HOME] PARENT, GUARDIAN OR CUSTODIAN WITHIN THE
9 TIME FRAMES SET FORTH IN THE PERMANENCY PLAN.
10 FOR CHILDREN PLACED IN FOSTER CARE ON OR BEFORE NOVEMBER 19,
11 1997, THE COUNTY AGENCY SHALL FILE OR JOIN A PETITION FOR
12 TERMINATION OF PARENTAL RIGHTS UNDER THIS SUBSECTION IN
13 ACCORDANCE WITH SECTION 103(C)(2) OF THE ADOPTION AND SAFE
14 FAMILIES ACT OF 1997 (PUBLIC LAW 105-89, 111 STAT. 2119).
15 (F.1) ADDITIONAL DETERMINATION.--BASED UPON THE
16 DETERMINATIONS MADE UNDER SUBSECTION (F) AND ALL RELEVANT
17 EVIDENCE PRESENTED AT THE HEARING, THE COURT SHALL DETERMINE ONE
18 OF THE FOLLOWING:
19 (1) IF AND WHEN THE CHILD WILL BE RETURNED TO THE
20 CHILD'S PARENT, GUARDIAN OR CUSTODIAN IN CASES WHERE THE
21 RETURN OF THE CHILD IS BEST SUITED TO THE SAFETY, PROTECTION
22 AND PHYSICAL, MENTAL AND MORAL WELFARE OF THE CHILD.
23 (2) IF AND WHEN THE CHILD WILL BE PLACED FOR ADOPTION
24 AND THE COUNTY AGENCY WILL FILE FOR TERMINATION OF PARENTAL
25 RIGHTS IN CASES WHERE RETURN TO THE CHILD'S PARENT, GUARDIAN
26 OR CUSTODIAN IS NOT BEST SUITED TO THE SAFETY, PROTECTION AND
27 PHYSICAL, MENTAL AND MORAL WELFARE OF THE CHILD.
28 (3) IF AND WHEN THE CHILD WILL BE PLACED WITH A LEGAL
29 CUSTODIAN IN CASES WHERE THE RETURN TO THE CHILD'S PARENT,
30 GUARDIAN OR CUSTODIAN, OR BEING PLACED FOR ADOPTION IS NOT
20020S1452B2427 - 24 -
1 BEST SUITED TO THE SAFETY, PROTECTION AND PHYSICAL, MENTAL
2 AND MORAL WELFARE OF THE CHILD.
3 (4) IF AND WHEN THE CHILD WILL BE PLACED WITH A FIT AND
4 WILLING RELATIVE IN CASES WHERE RETURN TO THE CHILD'S PARENT,
5 GUARDIAN OR CUSTODIAN, BEING PLACED FOR ADOPTION OR BEING
6 PLACED WITH A LEGAL CUSTODIAN IS NOT BEST SUITED TO THE
7 SAFETY, PROTECTION AND PHYSICAL, MENTAL AND MORAL WELFARE OF
8 THE CHILD.
9 (5) IF AND WHEN THE CHILD WILL BE PLACED IN ANOTHER
10 LIVING ARRANGEMENT INTENDED TO BE PERMANENT IN NATURE WHICH
11 IS APPROVED BY THE COURT, IN CASES WHERE THE COUNTY AGENCY
12 HAS DOCUMENTED A COMPELLING REASON THAT IT WOULD NOT BE BEST
13 SUITED TO THE SAFETY, PROTECTION AND PHYSICAL, MENTAL AND
14 MORAL WELFARE OF THE CHILD TO BE RETURNED TO THE CHILD'S
15 PARENT, GUARDIAN OR CUSTODIAN, TO BE PLACED FOR ADOPTION, TO
16 BE PLACED WITH A LEGAL CUSTODIAN OR TO BE PLACED WITH A FIT
17 AND WILLING RELATIVE.
18 [(F.1)] (F.2) EVIDENCE.--EVIDENCE OF CONDUCT BY THE PARENT
19 THAT PLACES THE HEALTH, SAFETY OR WELFARE OF THE CHILD AT RISK,
20 INCLUDING EVIDENCE OF THE USE OF ALCOHOL OR A CONTROLLED
21 SUBSTANCE THAT PLACES THE HEALTH, SAFETY OR WELFARE OF THE CHILD
22 AT RISK, SHALL BE PRESENTED TO THE COURT BY THE COUNTY AGENCY OR
23 ANY OTHER PARTY AT ANY DISPOSITION OR PERMANENCY HEARING WHETHER
24 OR NOT THE CONDUCT WAS THE BASIS FOR THE DETERMINATION OF
25 DEPENDENCY.
26 (G) COURT ORDER.--ON THE BASIS OF THE [DETERMINATIONS]
27 DETERMINATION MADE UNDER SUBSECTION [(F) AND ALL RELEVANT
28 EVIDENCE, THE COURT, IN ADDITION, THE COURT SHALL:
29 (1) DETERMINE IF AND WHEN THE CHILD:
30 (I) SHOULD BE RETURNED TO THE PARENTS, GUARDIAN OR
20020S1452B2427 - 25 -
1 OTHER CUSTODIAN;
2 (II) WILL BE PLACED FOR ADOPTION AND THE COUNTY
3 AGENCY WILL FILE FOR TERMINATION OF PARENTAL RIGHTS; OR
4 (III) WILL BE PLACED WITH A LEGAL CUSTODIAN OR IN
5 ANOTHER LIVING ARRANGEMENT INTENDED TO BE PERMANENT IN
6 NATURE APPROVED BY THE COURT IF THE COUNTY AGENCY HAS
7 DOCUMENTED A COMPELLING REASON THAT IT WOULD NOT SERVE
8 THE CHILD'S PHYSICAL, MENTAL OR EMOTIONAL HEALTH, SAFETY
9 OR MORALS TO RETURN HOME, TO BE REFERRED FOR TERMINATION
10 OF PARENTAL RIGHTS OR TO BE PLACED FOR ADOPTION; AND
11 (2) ORDER] (F.1), THE COURT SHALL ORDER THE
12 CONTINUATION, MODIFICATION OR TERMINATION OF PLACEMENT OR
13 OTHER DISPOSITION WHICH IS BEST SUITED TO THE SAFETY,
14 PROTECTION AND PHYSICAL, MENTAL AND MORAL WELFARE OF THE
15 CHILD.
16 [(H) CERTAIN HEARINGS DISCRETIONARY.--AT THE DISCRETION OF
17 THE COURT, PERMANENCY HEARINGS NEED NOT BE CONDUCTED:
18 (1) FOR A CHILD WHO HAS BEEN PLACED IN A LIVING
19 ARRANGEMENT THAT IS INTENDED TO BE PERMANENT IN NATURE AND
20 THAT IS APPROVED BY THE COURT;
21 (2) FOR A CHILD WHO HAS BEEN PLACED IN AN ADOPTIVE HOME
22 PENDING FINALIZATION OF ADOPTION PURSUANT TO 23 PA.C.S. PART
23 III (RELATING TO ADOPTION); OR
24 (3) FOR A CHILD WHO HAS BEEN PLACED WITH A PERMANENT
25 LEGAL CUSTODIAN APPOINTED BY THE COURT PURSUANT TO SUBSECTION
26 (A) AND SECTION 6357 (RELATING TO RIGHTS AND DUTIES OF LEGAL
27 CUSTODIAN).]
28 (I) ASSIGNMENT TO ORPHANS' COURT.--A JUDGE WHO ADJUDICATED
29 THE CHILD DEPENDENT OR WHO HAS CONDUCTED PERMANENCY HEARINGS OR
30 OTHER DEPENDENCY PROCEEDINGS INVOLVING THE CHILD MAY BE ASSIGNED
20020S1452B2427 - 26 -
1 TO THE ORPHANS' COURT DIVISION FOR THE PURPOSE OF HEARING
2 PROCEEDINGS RELATING TO ANY OF THE FOLLOWING:
3 (1) INVOLUNTARY TERMINATION OF PARENTAL RIGHTS OF A
4 PARENT OF THE DEPENDENT CHILD UNDER 23 PA.C.S. CH. 25 SUBCH.
5 B (RELATING TO INVOLUNTARY TERMINATION).
6 (2) A PETITION TO ADOPT THE DEPENDENT CHILD.
7 SECTION 5 4. THE DEFINITION OF "RENTAL-PURCHASE AGREEMENT" <--
8 IN SECTION 6902 OF TITLE 42 IS AMENDED TO READ:
9 § 6902. DEFINITIONS.
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
11 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
12 CONTEXT CLEARLY INDICATES OTHERWISE:
13 * * *
14 "RENTAL-PURCHASE AGREEMENT." AN AGREEMENT FOR THE USE OF
15 PERSONAL PROPERTY BY AN INDIVIDUAL PRIMARILY FOR PERSONAL,
16 FAMILY OR HOUSEHOLD PURPOSES FOR AN INITIAL PERIOD OF FOUR
17 MONTHS OR LESS THAT IS AUTOMATICALLY RENEWABLE WITH EACH RENTAL
18 PAYMENT AFTER THE INITIAL PERIOD AND THAT PERMITS THE LESSEE TO
19 ACQUIRE OWNERSHIP OF THE PROPERTY. [IT DOES NOT INCLUDE] THE
20 TERM SHALL NOT BE CONSTRUED TO BE, NOR IS IT SUBJECT TO LAWS
21 GOVERNING, ANY OF THE FOLLOWING:
22 (1) A LEASE FOR AGRICULTURAL, BUSINESS OR COMMERCIAL
23 PURPOSES.
24 (2) A LEASE MADE TO AN ORGANIZATION.
25 (3) A LEASE OF MONEY OR INTANGIBLE PERSONAL PROPERTY.
26 (4) A LEASE OF A MOTOR VEHICLE, MOTOR HOME, MOBILE HOME
27 OR MANUFACTURED HOUSING.
28 (5) A HOME SOLICITATION SALE UNDER SECTION 7 OF THE ACT
29 OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
30 TRADE PRACTICES AND CONSUMER PROTECTION LAW.
20020S1452B2427 - 27 -
1 (6) A RETAIL INSTALLMENT SALE, RETAIL INSTALLMENT
2 CONTRACT OR RETAIL INSTALLMENT ACCOUNT AS DEFINED IN THE ACT
3 OF OCTOBER 28, 1966 (1ST SP.SESS., P.L.55, NO.7), KNOWN AS
4 THE GOODS AND SERVICES INSTALLMENT SALES ACT.
5 (7) A SECURITY INTEREST AS DEFINED IN 13 PA.C.S. § 1201
6 (RELATING TO GENERAL DEFINITIONS).
7 SECTION 6. SECTION 8103(A), (B), (C)(3) AND (5), (E) AND (G) <--
8 OF TITLE 42 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING
9 SUBSECTIONS TO READ:
10 § 8103. DEFICIENCY JUDGMENTS.
11 (A) GENERAL RULE.--WHENEVER ANY REAL PROPERTY IS SOLD,
12 DIRECTLY OR INDIRECTLY, TO THE JUDGMENT CREDITOR IN EXECUTION
13 PROCEEDINGS AND THE PRICE FOR WHICH SUCH PROPERTY HAS BEEN SOLD
14 IS NOT SUFFICIENT TO SATISFY THE AMOUNT OF THE JUDGMENT,
15 INTEREST AND COSTS AND THE JUDGMENT CREDITOR SEEKS TO COLLECT
16 THE BALANCE DUE ON SAID JUDGMENT, INTEREST AND COSTS, THE
17 JUDGMENT CREDITOR SHALL PETITION THE COURT TO FIX THE FAIR
18 MARKET VALUE OF THE REAL PROPERTY SOLD. THE PETITION SHALL BE
19 FILED AS A SUPPLEMENTARY PROCEEDING IN THE MATTER IN WHICH THE
20 JUDGMENT WAS ENTERED. IF THE JUDGMENT WAS TRANSFERRED FROM THE
21 COUNTY IN WHICH IT WAS ENTERED TO THE COUNTY WHERE THE EXECUTION
22 SALE WAS HELD, THE JUDGMENT SHALL BE DEEMED ENTERED IN THE
23 COUNTY IN WHICH THE SALE TOOK PLACE.
24 (B) EFFECT OF FAILURE TO GIVE NOTICE.--ANY DEBTOR[, OBLIGOR,
25 GUARANTOR, MORTGAGOR, AND ANY OTHER PERSON DIRECTLY OR
26 INDIRECTLY LIABLE TO THE JUDGMENT CREDITOR FOR THE PAYMENT OF
27 THE DEBT,] AND ANY OWNER OF THE PROPERTY AFFECTED THEREBY, WHO
28 IS NEITHER NAMED IN THE PETITION NOR SERVED WITH A COPY THEREOF
29 OR NOTICE OF THE FILING THEREOF AS PRESCRIBED BY GENERAL RULE,
30 SHALL BE DEEMED TO BE DISCHARGED FROM ALL PERSONAL LIABILITY TO
20020S1452B2427 - 28 -
1 THE JUDGMENT CREDITOR ON THE DEBT, INTEREST AND COSTS, BUT ANY
2 SUCH FAILURE TO NAME SUCH PERSON IN THE PETITION OR TO SERVE THE
3 PETITION OR NOTICE OF THE FILING THEREOF SHALL NOT PREVENT
4 PROCEEDINGS AGAINST ANY RESPONDENT NAMED AND SERVED.
5 (C) ACTION ON PETITION.--
6 * * *
7 (3) IF AN ANSWER IS FILED ALLEGING AS THE FAIR MARKET
8 VALUE AN AMOUNT IN EXCESS OF THE FAIR MARKET VALUE OF THE
9 PROPERTY AS AVERRED IN THE PETITION, THE JUDGMENT CREDITOR
10 MAY AGREE TO ACCEPT AS THE FAIR MARKET VALUE OF THE PROPERTY
11 THE VALUE SET UP IN THE ANSWER AND IN SUCH CASE MAY FILE A
12 STIPULATION RELEASING THE DEBTORS[, OBLIGORS AND GUARANTORS,
13 AND ANY OTHER PERSONS LIABLE DIRECTLY OR INDIRECTLY FOR THE
14 DEBT,] AND THE OWNERS OF THE PROPERTY AFFECTED THEREBY, FROM
15 PERSONAL LIABILITY TO THE JUDGMENT CREDITOR TO THE EXTENT OF
16 THE FAIR MARKET VALUE AS AVERRED IN THE ANSWER, LESS THE
17 AMOUNT OF ANY PRIOR LIENS, COSTS, TAXES AND MUNICIPAL CLAIMS
18 NOT DISCHARGED BY THE SALE, AND ALSO LESS THE AMOUNT OF ANY
19 SUCH ITEMS PAID AT DISTRIBUTION ON THE SALE.
20 * * *
21 (5) AFTER THE HEARING, IF ANY, AND THE DETERMINATION BY
22 THE COURT UNDER PARAGRAPH (1), (2) OR (4) OF THE FAIR MARKET
23 VALUE OF THE PROPERTY SOLD, THEN, EXCEPT AS OTHERWISE
24 PROVIDED IN SUBSECTION (F), THE DEBTOR[, OBLIGOR, GUARANTOR
25 AND ANY OTHER PERSON LIABLE DIRECTLY OR INDIRECTLY TO THE
26 JUDGMENT CREDITOR FOR THE PAYMENT OF THE DEBT] SHALL BE
27 RELEASED AND DISCHARGED OF SUCH LIABILITY TO THE JUDGMENT
28 CREDITOR TO THE EXTENT OF THE FAIR MARKET VALUE OF SAID
29 PROPERTY DETERMINED BY THE COURT, LESS THE AMOUNT OF ALL
30 PRIOR LIENS, COSTS, TAXES AND MUNICIPAL CLAIMS NOT DISCHARGED
20020S1452B2427 - 29 -
1 BY THE SALE, AND ALSO LESS THE AMOUNT OF ANY SUCH ITEMS PAID
2 AT THE DISTRIBUTION ON THE SALE, AND SHALL ALSO BE RELEASED
3 AND DISCHARGED OF SUCH LIABILITY TO THE EXTENT OF ANY AMOUNT
4 BY WHICH THE SALE PRICE, LESS SUCH PRIOR LIENS, COSTS, TAXES
5 AND MUNICIPAL CLAIMS, EXCEEDS THE FAIR MARKET VALUE AS AGREED
6 TO BY THE JUDGMENT CREDITOR OR FIXED AND DETERMINED BY THE
7 COURT AS PROVIDED IN THIS SUBSECTION, AND THEREUPON THE
8 JUDGMENT CREDITOR MAY PROCEED BY APPROPRIATE PROCEEDINGS TO
9 COLLECT THE BALANCE OF THE DEBT.
10 * * *
11 (E) WAIVER OF BENEFIT OF SECTION PROHIBITED.--ANY AGREEMENT
12 MADE BY ANY DEBTOR[, OBLIGOR, SURETY OR GUARANTOR] AT ANY TIME,
13 EITHER BEFORE OR AFTER OR AT THE TIME OF INCURRING ANY
14 OBLIGATION, TO WAIVE THE BENEFITS OF THIS SECTION OR TO RELEASE
15 ANY OBLIGEE FROM COMPLIANCE WITH THE PROVISIONS HEREOF SHALL BE
16 VOID.
17 * * *
18 (F.1) COLLATERAL LOCATED IN MORE THAN ONE COUNTY.--
19 (1) IF THE REAL PROPERTY COLLATERAL IS LOCATED IN MORE
20 THAN ONE COUNTY IN THIS COMMONWEALTH, A JUDGMENT CREDITOR MAY
21 ELECT NOT TO FILE A VALUATION PETITION IN THE COURT IN EACH
22 OF SUCH COUNTIES AS PROVIDED UNDER SUBSECTION (A) AND SHALL
23 NOT BE SUBJECT TO THE PENALTIES FOR FAILURE TO FILE THE
24 PETITION UNDER SUBSECTION (D), IF THE JUDGMENT CREDITOR IS A
25 NONCONSUMER JUDGMENT CREDITOR AND THE PROVISIONS OF
26 PARAGRAPHS (2) AND (3) ARE SATISFIED.
27 (2) THE JUDGMENT CREDITOR SHALL PETITION THE DEFICIENCY
28 COURT TO DETERMINE AND FIX THE FAIR MARKET VALUE OF ALL OF
29 THE REAL PROPERTY COLLATERAL AS PROVIDED UNDER SUBSECTION
30 (C)(1), (2), (3) AND (4). THE VALUE SHALL BE DETERMINED ON A
20020S1452B2427 - 30 -
1 PARCEL-BY-PARCEL BASIS, AND THE AMOUNT SO FIXED FOR EACH
2 PARCEL COMPRISING THE REAL PROPERTY COLLATERAL SHALL BE THE
3 FAIR MARKET VALUE FOR THE PARCEL FOR ALL PURPOSES UNDER THIS
4 SUBSECTION UNLESS REDETERMINED AS PROVIDED IN PARAGRAPH (4).
5 (3) THE DETERMINATION OF THE FAIR MARKET VALUE OF THE
6 REAL PROPERTY COLLATERAL BY THE DEFICIENCY COURT, AS PROVIDED
7 IN PARAGRAPH (2), SHALL BE MADE BEFORE AN EXECUTION SALE IS
8 HELD WITH RESPECT TO ANY OF THE REAL PROPERTY COLLATERAL.
9 (4) (I) IF THE EXECUTION SALE OF A PARCEL OF REAL
10 PROPERTY IS CONCLUDED AND THE JUDGMENT CREDITOR IS THE
11 PURCHASER OF THE PARCEL AT THE SALE, THEN EITHER THE
12 JUDGMENT CREDITOR OR THE DEBTOR MAY FILE A PETITION WITH
13 THE DEFICIENCY COURT SEEKING A REDETERMINATION OF THE
14 FAIR MARKET VALUE OF THE PARCEL PROVIDED THE PETITION IS
15 FILED WITHIN THE SIX MONTH PERIOD ESTABLISHED UNDER
16 SECTION 5522(B)(6).
17 (II) IF THE PETITION IS FILED IN A TIMELY MANNER,
18 THE DEFICIENCY COURT SHALL REDETERMINE THE FAIR MARKET
19 VALUE OF THE PARCEL IN THE MANNER PROVIDED IN SUBSECTION
20 (C)(1), (2), (3) AND (4). THE REDETERMINED VALUE SHALL BE
21 THE FAIR MARKET VALUE OF THE PARCEL FOR ALL PURPOSES
22 UNDER THIS SUBSECTION.
23 (III) THE FILING OF THE PETITION FOR THE
24 REDETERMINATION SHALL NOT LIMIT OR AFFECT THE JUDGMENT
25 CREDITOR'S ABILITY TO EXECUTE ON THE REAL PROPERTY
26 COLLATERAL UNLESS AND UNTIL THE VALUE IS REDETERMINED BY
27 THE COURT. HOWEVER, WHERE THE DEBTOR ALLEGES IN ITS
28 PETITION THAT AN APPROPRIATE REDETERMINATION OF VALUE BY
29 THE COURT WITH RESPECT TO PROPERTY THAT HAS ALREADY BEEN
30 SOLD TO THE JUDGMENT CREDITOR AT AN EXECUTION SALE WOULD
20020S1452B2427 - 31 -
1 BE SUFFICIENT TO SATISFY THE JUDGMENT IN FULL, THE
2 DEFICIENCY COURT MAY ISSUE A STAY OF FURTHER EXECUTION
3 PROCEEDINGS, PENDING THE COURT'S RULING ON THE PETITION
4 FOR REDETERMINATION OF VALUE.
5 (5) IN CASES SUBJECT TO THIS SUBSECTION, THE DEBTOR
6 SHALL BE RELEASED AND DISCHARGED FROM LIABILITY FOR THE
7 PAYMENT OF THE DEBT IN THE MANNER PROVIDED IN SUBSECTION
8 (C)(5) TO THE EXTENT OF:
9 (I) THE FAIR MARKET VALUE DETERMINED BY THE
10 DEFICIENCY COURT OF ALL REAL PROPERTY COLLATERAL
11 PURCHASED BY THE JUDGMENT CREDITOR IN EXECUTION
12 PROCEEDINGS ON THE JUDGMENT LESS THE DEDUCTIBLE ITEMS
13 DESCRIBED IN SUBSECTION (C)(5); AND
14 (II) THE AMOUNT DISTRIBUTED TO THE JUDGMENT CREDITOR
15 AS A RESULT OF THE SALE OF THE REAL PROPERTY COLLATERAL
16 PURCHASED IN THE PROCEEDINGS BY THIRD PARTIES.
17 (F.2) FOREIGN COLLATERAL.--
18 (1) NO DEFICIENCY COURT SHALL HAVE THE POWER TO FIX THE
19 FAIR MARKET VALUE OF REAL PROPERTY LOCATED OUTSIDE THIS
20 COMMONWEALTH AND MAY NOT TAKE INTO ACCOUNT THE VALUE OF THAT
21 PROPERTY IN CONSIDERING WHETHER OR NOT A DEFICIENCY EXISTS
22 UNDER THIS SECTION.
23 (2) THIS SECTION SHALL NOT APPLY TO THE SALE OF ANY REAL
24 PROPERTY LOCATED OUTSIDE THIS COMMONWEALTH.
25 (G) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
26 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
27 SUBSECTION:
28 "ADJUSTED VALUE." THE ASSESSED VALUE OF A PARCEL OF REAL
29 PROPERTY COLLATERAL DETERMINED FOR REAL ESTATE TAX PURPOSES
30 TIMES THE APPLICABLE COMMON LEVEL RATIO FACTOR PUBLISHED BY THE
20020S1452B2427 - 32 -
1 STATE TAX EQUALIZATION BOARD.
2 "CONSUMER CREDIT TRANSACTION." A CREDIT TRANSACTION IN WHICH
3 THE PARTY TO WHOM CREDIT IS OFFERED OR EXTENDED IS A NATURAL
4 PERSON AND THE MONEY, PROPERTY OR SERVICES WHICH ARE THE SUBJECT
5 OF THE TRANSACTION ARE PRIMARILY FOR PERSONAL, FAMILY OR
6 HOUSEHOLD PURPOSES.
7 "DEBTOR." A DEBTOR, OBLIGOR, GUARANTOR, SURETY AND ANY OTHER
8 PERSON LIABLE DIRECTLY OR INDIRECTLY TO A JUDGMENT CREDITOR FOR
9 THE PAYMENT OF A DEBT.
10 "DEFICIENCY COURT." WITH RESPECT TO CASES COVERED BY
11 SUBSECTION (F.1), THE COURT OF COMMON PLEAS LOCATED IN THE
12 COUNTY WHERE THE HIGHEST ADJUSTED VALUE LAND IS LOCATED.
13 "HIGHEST ADJUSTED VALUE LAND." THE REAL PROPERTY COLLATERAL
14 LOCATED IN A COUNTY THAT HAS A HIGHER AGGREGATE ADJUSTED VALUE
15 THAN REAL PROPERTY COLLATERAL LOCATED IN ANY OTHER COUNTY.
16 "JUDGMENT." THE JUDGMENT WHICH WAS ENFORCED BY THE EXECUTION
17 PROCEEDINGS REFERRED TO IN SUBSECTION (A), WHETHER THAT JUDGMENT
18 IS A JUDGMENT IN PERSONAM SUCH AS A JUDGMENT REQUIRING THE
19 PAYMENT OF MONEY OR A JUDGMENT DE TERRIS OR IN REM SUCH AS A
20 JUDGMENT ENTERED IN AN ACTION OF MORTGAGE FORECLOSURE OR A
21 JUDGMENT ENTERED IN AN ACTION OR PROCEEDING UPON A MECHANIC'S
22 LIEN, A MUNICIPAL CLAIM, A TAX LIEN OR A CHARGE ON LAND.
23 "JUDGMENT CREDITOR." THE HOLDER OF THE JUDGMENT WHICH WAS
24 ENFORCED BY THE EXECUTION PROCEEDINGS.
25 "NONCONSUMER JUDGMENT CREDITOR." ANY JUDGMENT CREDITOR
26 EXCEPT A JUDGMENT CREDITOR WHOSE JUDGMENT WAS ENTERED WITH
27 RESPECT TO A CONSUMER CREDIT TRANSACTION.
28 "NONRECOURSE PORTION OF THE OBLIGATION." THE PORTION AS TO
29 WHICH THE JUDGMENT CREDITOR'S RECOURSE IS LIMITED TO THE
30 MORTGAGED PROPERTY OR OTHER SPECIFIED ASSETS OF THE DEBTOR WHICH
20020S1452B2427 - 33 -
1 ARE LESS THAN ALL OF SUCH ASSETS.
2 "PARTIAL RECOURSE OBLIGATION." AN OBLIGATION WHICH INCLUDES
3 BOTH A NONRECOURSE PORTION AND A RECOURSE PORTION.
4 "REAL PROPERTY COLLATERAL." ALL OF THE REAL PROPERTY SUBJECT
5 TO A LIEN SECURING THE OBLIGATION EVIDENCED BY THE JUDGMENT AND
6 LOCATED WITHIN THIS COMMONWEALTH.
7 "RECOURSE PORTION OF THE OBLIGATION." ALL OF THE OBLIGATION
8 EXCEPT THE NONRECOURSE PORTION THEREOF.
9 "VALUATION PETITION." A PETITION TO FIX THE FAIR MARKET
10 VALUE OF REAL PROPERTY SOLD AS REQUIRED BY SUBSECTION (A).
11 SECTION 7 5. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ: <--
12 § 8332.7. IMMUNITY OF STATE PAROLE OFFICERS.
13 (A) ASSISTANCE OF LAW ENFORCEMENT PERSONNEL.--IN ADDITION TO
14 THE PROVISIONS OF SECTION 27 OF THE ACT OF AUGUST 6, 1941
15 (P.L.861, NO.323), REFERRED TO AS THE PENNSYLVANIA BOARD OF
16 PROBATION AND PAROLE LAW, OR ANY OTHER LAW, ANY PAROLE OFFICER
17 APPOINTED BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE WHO,
18 AFTER OBTAINING PERMISSION IN ADVANCE FROM A PERSON AUTHORIZED
19 BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, ASSISTS STATE
20 OR LOCAL POLICE OR COUNTY PROBATION OFFICERS IN THE LAWFUL
21 PERFORMANCE OF THEIR DUTIES SHALL BE CONSIDERED TO BE ACTING
22 WITHIN THE SCOPE OF HIS OFFICIAL DUTY FOR ALL PURPOSES OF LAW
23 AND SHALL ENJOY ANY BENEFIT OR IMMUNITY CONFERRED UPON AN
24 EMPLOYEE OF THE COMMONWEALTH.
25 (B) ASSISTANCE OF CRIMINAL VICTIMS.--IN ADDITION TO ANY
26 OTHER IMMUNITY PROVIDED BY LAW, ANY PAROLE OFFICER APPOINTED BY
27 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE WHO IS ENTITLED
28 TO IMMUNITY UNDER SECTION 8331.3 (RELATING TO CRIMINAL VICTIM
29 AID GOOD SAMARITAN CIVIL IMMUNITY) AS A RESULT OF PROVIDING
30 ASSISTANCE TO A VICTIM OF A CRIME SHALL BE CONSIDERED TO BE
20020S1452B2427 - 34 -
1 ACTING WITHIN THE SCOPE OF HIS OFFICIAL DUTY WHILE PROVIDING
2 ASSISTANCE TO THE VICTIM FOR ALL PURPOSES OF LAW AND SHALL ENJOY
3 ANY BENEFIT OR IMMUNITY CONFERRED UPON AN EMPLOYEE OF THE
4 COMMONWEALTH.
5 § 8332.8. IMMUNITY OF COUNTY PROBATION OFFICERS.
6 (A) ASSISTANCE OF LAW ENFORCEMENT PERSONNEL.--IN ADDITION TO
7 THE PROVISIONS OF SECTION 1 OF THE ACT OF AUGUST 6, 1963
8 (P.L.521, NO.277), ENTITLED, "AN ACT PROVIDING THAT PROBATION
9 OFFICERS SHALL HAVE THE POWER OF PEACE OFFICERS IN THE
10 PERFORMANCE OF THEIR DUTIES," OR ANY OTHER LAW, ANY PROBATION
11 OFFICER APPOINTED BY ANY COURT OF RECORD OF THIS COMMONWEALTH
12 WHO, AFTER OBTAINING PERMISSION IN ADVANCE FROM A PERSON
13 AUTHORIZED BY THE APPOINTING COURT, ASSISTS STATE OR LOCAL
14 POLICE OR COUNTY PROBATION OFFICERS IN THE LAWFUL PERFORMANCE OF
15 THEIR DUTIES SHALL BE CONSIDERED TO BE ACTING WITHIN THE SCOPE
16 OF HIS OFFICIAL DUTY FOR ALL PURPOSES OF LAW AND SHALL ENJOY ANY
17 BENEFIT OR IMMUNITY CONFERRED UPON AN EMPLOYEE OF THAT COUNTY.
18 (B) ASSISTANCE OF CRIMINAL VICTIMS.--IN ADDITION TO ANY
19 OTHER IMMUNITY PROVIDED BY LAW, ANY PROBATION OFFICER APPOINTED
20 BY ANY COURT OF RECORD OF THIS COMMONWEALTH WHO IS ENTITLED TO
21 IMMUNITY UNDER SECTION 8331.3 (RELATING TO CRIMINAL VICTIM AID
22 GOOD SAMARITAN CIVIL IMMUNITY) AS A RESULT OF PROVIDING
23 ASSISTANCE TO A VICTIM OF A CRIME SHALL BE CONSIDERED TO BE
24 ACTING WITHIN THE SCOPE OF HIS OFFICIAL DUTY WHILE PROVIDING
25 ASSISTANCE TO THE VICTIM FOR ALL PURPOSES OF LAW AND SHALL ENJOY
26 ANY BENEFIT OR IMMUNITY CONFERRED UPON AN EMPLOYEE OF THAT
27 COUNTY.
28 § 9303. LIABILITY FOR VIOLATIONS OF GENERAL AND SPECIFIC <--
29 CRIMINAL STATUTES.
30 NOTWITHSTANDING THE PROVISIONS OF 1 PA.C.S. § 1933 (RELATING
20020S1452B2427 - 35 -
1 TO PARTICULAR CONTROLS GENERAL) OR ANY OTHER STATUTE TO THE
2 CONTRARY, WHERE THE SAME CONDUCT OF A DEFENDANT VIOLATES MORE
3 THAN ONE CRIMINAL STATUTE, THE DEFENDANT MAY BE PROSECUTED UNDER
4 ALL AVAILABLE STATUTORY CRIMINAL PROVISIONS WITHOUT REGARD TO
5 THE GENERALITY OR SPECIFICITY OF THE STATUTES.
6 § 9765. MERGER OF SENTENCES.
7 NO CRIMES SHALL MERGE FOR SENTENCING PURPOSES UNLESS THE
8 CRIMES ARISE FROM A SINGLE CRIMINAL ACT AND ALL OF THE STATUTORY
9 ELEMENTS OF ONE OFFENSE ARE INCLUDED IN THE STATUTORY ELEMENTS
10 OF THE OTHER OFFENSE. WHERE CRIMES MERGE FOR SENTENCING
11 PURPOSES, THE COURT MAY SENTENCE THE DEFENDANT ONLY ON THE
12 HIGHER GRADED OFFENSE.
13 SECTION 6. THE AMENDMENT OF 42 PA.C.S. § 5571(C)(5) SHALL
14 APPLY TO AN APPEAL OR CHALLENGE, RELATING TO AN ALLEGED DEFECT
15 IN THE PROCESS OF THE ENACTMENT OR ADOPTION OF ANY ORDINANCE,
16 RESOLUTION, MAP OR SIMILAR ACTION, COMMENCED AFTER DECEMBER 31,
17 2000.
18 Section 2 8 7. The provisions of 42 Pa.C.S. § 3135 shall not <--
19 be applicable to the selection of judges for the judgeships
20 created in the amendment of 42 Pa.C.S. § 911(a). The new
21 judgeship JUDGESHIPS for the 3rd district AND 49TH DISTRICTS <--
22 added by the amendment of 42 Pa.C.S. § 911(a) shall be created
23 on January 2, 2006, and shall be initially filled at the 2005
24 election. The new judgeships for the 7th, 32nd, 35th, 40th and <--
25 43rd 38TH, 40TH, 43RD AND 48TH districts added by the amendment <--
26 of 42 Pa.C.S. § 911(a) shall be created on January 5, 2004, and
27 shall be initially filled at the 2003 municipal election.
28 Section 3. This act shall take effect immediately. <--
29 SECTION 9 8. THE JUVENILE COURT JUDGES' COMMISSION SHALL <--
30 DEVELOP BEST PRACTICE STANDARDS REGARDING SEARCHES OF THE PERSON
20020S1452B2427 - 36 -
1 AND PROPERTY OF CHILDREN IN ORDER TO IMPLEMENT THE ADDITION OF
2 42 PA.C.S. § 6304(A.1).
3 SECTION 10 9. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
4 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
5 IMMEDIATELY:
6 (I) THE AMENDMENT OF 42 PA.C.S. § 911(A) §§ 911(A) <--
7 AND 5571(C)(5).
8 (II) SECTION 8 7 OF THIS ACT. <--
9 (III) THIS SECTION.
10 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
11 DAYS.
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