Pennsylvania Act 1995-30 (session 1) — JUDICIAL CODE (42 PA.C.S.) - AMEND JUVENILE HISTORY RECORD

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND JUVENILE HISTORY RECORD
        Act of Nov. 17, 1995, Special Session 1, P.L. 1115, No. 30    Cl. 42
                      Special Session No. 1 of 1995
                               No. 1995-30

     SB 99

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        juvenile history record information and for adjudication.

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

        Section 1.  Section 6309(c) of Title 42 of the Pennsylvania
     Consolidated Statutes is amended and the section is amended by
     adding a subsection to read:
      § 6309.  Juvenile history record information.
        * * *
        (c)  Fingerprints and photographs.--The arresting authority
     shall ensure that the fingerprints and photographs of an alleged
     delinquent whose fingerprints and photographs which have been
     taken by an arresting authority pursuant to section 6308(c) are
     forwarded to the central repository[.] as required by the
     Pennsylvania State Police.
        (d)  Disposition reporting.--The division or judge of the
     court assigned to conduct juvenile hearings shall, within seven
     days after disposition of a case where the child has been
     alleged to be delinquent, notify the arresting authority of the
     disposition of the case. In addition, it shall collect and
     submit the disposition of cases resulting in adjudication of
     delinquency for inclusion in the central repository within 90
     days of an adjudication of delinquency as required by the
     Juvenile Court Judges' Commission.
        * * *
        Section 2.  Section 6341 of Title 42 is amended by adding a
     subsection to read:
      § 6341.  Adjudication.
        * * *
        (b.1)  School notification.--
            (1)  Upon finding a child to be a delinquent child, the
        court shall, through the juvenile probation department,
        provide the following information to the building principal
        or his or her designee of any public, private or parochial
        school in which the child is enrolled:
                (i)  Name and address of the child.
                (ii)  The delinquent act or acts which the child was
            found to have committed.
                (iii)  A brief description of the delinquent act or
            acts.
                (iv)  The disposition of the case.
            (2)  If the child is adjudicated delinquent for an act or
        acts which if committed by an adult would be classified as a
        felony, the court, through the juvenile probation department,
        shall additionally provide to the building principal or his
        or her designee relevant information contained in the
        juvenile probation or treatment reports pertaining to the
        adjudication, prior delinquent history and the supervision
        plan of the delinquent child.
            (3)  Notwithstanding any provision set forth herein, the
        court or juvenile probation department shall have the
        authority to share any additional information regarding the
        delinquent child under its jurisdiction with the building
        principal or his or her designee as deemed necessary to
        protect public safety or to enable appropriate treatment,
        supervision or rehabilitation of the delinquent child.
            (4)  Information provided under this subsection is for
        the limited purposes of protecting school personnel and
        students from danger from the delinquent child and of
        arranging appropriate counseling and education for the
        delinquent child. The building principal or his or her
        designee shall inform the child's teacher of all information
        received under this subsection. Information obtained under
        this subsection may not be used for admissions or
        disciplinary decisions concerning the delinquent child unless
        the act or acts surrounding the adjudication took place on or
        within 1,500 feet of the school property.
            (5)  Any information provided to and maintained by the
        building principal or his or her designee under this
        subsection shall be transferred to the building principal or
        his or her designee of any public, private or parochial
        school to which the child transfers enrollment.
            (6)  Any information provided to the building principal
        or his or her designee under this subsection shall be
        maintained separately from the child's official school
        record. Such information shall be secured and disseminated by
        the building principal or his or her designee only as
        appropriate in paragraphs (4) and (5).
        * * *
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 17th day of November, A. D. 1995.

     THOMAS J. RIDGE