Pennsylvania Act 1990-9 — JUDICIAL CODE (42 PA.C.S.) - AMEND

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND
                   Act of Feb. 14, 1990, P.L. 59, No. 9               Cl. 42
                             Session of 1990
                                No. 1990-9

     HB 652

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        juvenile appearances before district justices.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 1522.  Notice of summary cases involving juveniles.
        (a)  General rule.--Whenever an individual who is under 18
     years of age and is not emancipated is charged with a summary
     offense for which jurisdiction is vested in a district justice
     under section 1515 (relating to jurisdiction and venue), the
     district justice shall mail a copy of the citation, or other
     appropriate written notification, to the parents or legal
     guardians of the individual at the time of the filing of the
     citation if the parents or legal guardians have not been
     previously notified by the police. Where the individual is not
     residing with a parent or legal guardian, the copy of the
     citation, or other appropriate written notification, shall be
     sent to the person with whom the individual resides if a
     verifiable address is available. In such cases a district
     justice shall not accept a plea or schedule a hearing before 72
     hours has lapsed from the time of the mailing of the notice as
     required under this section. Failure to provide notice under
     this section shall not constitute grounds for dismissal of the
     summary offense.
        (b)  Vehicle offenses.--Nothing in this section shall apply
     to violations of Title 75 (relating to vehicles), except for 75
     Pa.C.S. § 1543 (relating to driving while operating privilege is
     suspended or revoked).
        (c)  Identification of juveniles.--Pennsylvania State Police
     and local police shall assist district justices in complying
     with the requirements of this section by indicating, through
     conspicuous notation on citations, that the offense was
     committed by a juvenile and whether the police have notified the
     parents or legal guardian.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 14th day of February, A. D. 1990.

     ROBERT P. CASEY