PRINTER'S NO. 228
No. 234 Session of 1999
INTRODUCED BY CONTI, MOWERY, BELL, COSTA, THOMPSON, SALVATORE,
TARTAGLIONE, TOMLINSON, KASUNIC, MELLOW, EARLL AND CORMAN,
JANUARY 25, 1999
REFERRED TO JUDICIARY, JANUARY 25, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 detention of child.
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) General rule.--A child taken into custody shall not be
10 detained or placed in shelter care prior to the hearing on the
11 petition unless his detention or care is required to protect the
12 person or property of others or of the child or because the
13 child may abscond or be removed from the jurisdiction of the
14 court or because he has no parent, guardian, or custodian or
15 other person able to provide supervision and care for him and
16 return him to the court when required, or an order for his
17 detention or shelter care has been made by the court pursuant to
18 this chapter.
1 (b) Possession of a firearm on school property.--
2 (1) A child taken into custody for a violation of 18
3 Pa.C.S. § 912(b) (relating to possession of weapon on school
4 property) when the weapon is a firearm or explosive device
5 shall be detained in the appropriate juvenile justice setting
6 until the court or master conducts an informal hearing to
7 determine whether the child's further detention is required
8 to protect the person or property of others pursuant to
9 section 6332 (relating to informal hearing).
10 (2) Prior to the informal hearing, but in no case not
11 later than 72 hours after the child has been placed in
12 detention or shelter care, the court or master shall order
13 that the child undergo a psychological evaluation by a
14 licensed physician or clinical psychologist to determine
15 whether the child is a clear and present danger to himself or
16 others. A report of the evaluation shall be made available to
17 the court prior to the informal hearing.
18 Section 2. This act shall take effect in 60 days.
L10L42JS/19990S0234B0228 - 2 -