PRIOR PRINTER'S NO. 939 PRINTER'S NO. 1109
No. 839 Session of 1999
INTRODUCED BY GREENLEAF, O'PAKE, HART, WHITE AND SALVATORE, APRIL 26, 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 the 3 powers and duties of probation officers concerning juveniles. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 6304 of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 6304. Powers and duties of probation officers. 9 (a) General rule.--For the purpose of carrying out the 10 objectives and purposes of this chapter, and subject to the 11 limitations of this chapter or imposed by the court, a probation 12 officer shall: 13 (1) Make investigations, reports, and recommendations to 14 the court. 15 (2) Receive and examine complaints and charges of 16 delinquency or dependency of a child for the purpose of 17 considering the commencement of proceedings under this 18 chapter.
1 (3) Supervise and assist a child placed on probation or 2 in his protective supervision or care by order of the court 3 or other authority of law. 4 (4) Make appropriate referrals to other private or 5 public agencies of the community if their assistance appears 6 to be needed or desirable. 7 (5) Take into custody and detain a child who is under 8 his supervision or care as a delinquent or dependent child if 9 the probation officer has reasonable cause to believe that 10 the health or safety of the child is in imminent danger, or 11 that he may abscond or be removed from the jurisdiction of 12 the court, or when ordered by the court pursuant to this 13 chapter or that he violated the conditions of his probation. 14 (6) Perform all other functions designated by this 15 chapter or by order of the court pursuant thereto. 16 (a.1) Authority to search.-- 17 (1) Probation officers may search the person and 18 property of children: 19 (i) under their supervision as delinquent children 20 or pursuant to a consent decree in accordance with this 21 section; 22 (ii) taken into custody pursuant to subsection (a) 23 and section 6324 (relating to taking into custody); and 24 (iii) detained pursuant to subsection (a) and 25 section 6325 (relating to detention of child) or during 26 the intake process pursuant to subsection (a) and section 27 6331 (relating to release from detention or commencement 28 of proceedings), and in accordance with this section. 29 (2) Nothing in this section shall be construed to permit 30 searches or seizures in violation of the Constitution of the 19990S0839B1109 - 2 -
1 United States or section 8 of Article I of the Constitution 2 of Pennsylvania. 3 (3) No violation of this section shall constitute an 4 independent ground for suppression of evidence in any 5 proceeding. 6 (4) (i) A personal search of a child may be conducted 7 by any probation officer: 8 (A) If there is a reasonable suspicion to 9 believe that the child possesses contraband or other 10 evidence of violations of the conditions of 11 supervision. 12 (B) When a child is transported or taken into 13 custody. 14 (C) When a child enters or leaves a detention 15 center, institution or other facility for alleged or 16 adjudicated delinquent children. 17 (ii) A property search may be conducted by any 18 probation officer if there is reasonable suspicion to 19 believe that the real or other property in the possession 20 of or under the control of the child contains contraband 21 or other evidence of violations of the conditions of 22 supervision. 23 (iii) Prior approval of a supervisor shall be 24 obtained for a property search absent exigent 25 circumstances, or unless the search is being conducted by 26 a supervisor. No prior approval shall be required for a 27 personal search. 28 (iv) A written report of every property search 29 conducted without prior approval shall be prepared by the 30 probation officer who conducted the search and filed in 19990S0839B1109 - 3 -
1 the child's case record. The exigent circumstances shall 2 be stated in the report. 3 (v) The child may be detained if he is present 4 during a property search. If the child is not present 5 during a property search, the probation officer in charge 6 of the search shall make a reasonable effort to provide 7 the child with notice of the search, including a list of 8 the items seized, after the search is completed. 9 (vi) The existence of reasonable suspicion to search 10 shall be determined in accordance with constitutional 11 search and seizure provisions as applied by judicial 12 decision. In accordance with that case law, the following 13 factors, where applicable, may be taken into account: 14 (A) The observations of officers. 15 (B) Information provided by others. 16 (C) The activities of the child. 17 (D) Information provided by the child. 18 (E) The experience of the probation officer with 19 the child. 20 (F) The experience of probation officers in 21 similar circumstances. 22 (G) The prior delinquent and supervisory history 23 of the offender. 24 (H) The need to verify compliance with the 25 conditions of supervision. 26 (b) Foreign jurisdictions.--Any of the functions specified 27 in subsection (a) may be performed in another jurisdiction if 28 authorized by the court of this Commonwealth and permitted by 29 the laws of the other jurisdiction. 30 (c) Definitions.--As used in this section, the following 19990S0839B1109 - 4 -
1 words and phrases shall have the meanings given to them in this 2 subsection: 3 "Conditions of supervision." A term or condition of a 4 child's supervision, whether imposed by the court or a probation 5 officer, including compliance with all requirements of Federal, 6 State and local law. 7 "Contraband." An item that a child is not permitted to 8 possess under the conditions of supervision, including an item 9 whose possession is forbidden by any Federal, State or local 10 law. 11 "Court." The court of common pleas or a judge thereof. 12 "Exigent circumstances." The term includes, but is not 13 limited to, reasonable suspicion that contraband or other 14 evidence of violations of the conditions of supervision might be 15 destroyed or suspicion that a weapon might be used. 16 "Personal search." A warrantless search of a child's person, 17 including, but not limited to, the child's clothing and any 18 personal property which is on the person or IN THE POSSESSION, <-- 19 within the reach OR UNDER THE CONTROL of the child. <-- 20 "Probation officer." A probation officer appointed or 21 employed by a court or by a county probation department. 22 "Property search." A warrantless search of real property, 23 vehicle or personal property which is in the possession or under 24 the control of a child. 25 "Supervisor." An individual acting in a supervisory or 26 administrative capacity. 27 Section 2. This act shall take effect in 60 days. C31L42DMS/19990S0839B1109 - 5 -