Pennsylvania Act 2000-129 — JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 20, 2000, P.L. 946, No. 129              Cl. 42
                             Session of 2000
                               No. 2000-129

     HB 877

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        inspection of court files and records, for juvenile history
        record information, for place of detention and for the
        definition of "local agency" for purposes of matters
        affecting governmental units.

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

        Section 1.  The definition of "shelter care" in section 6302
     of Title 42 of the Pennsylvania Consolidated Statutes is amended
     and the section is amended by adding a definition to read:
      § 6302.  Definitions.
        The following words and phrases when used in this chapter
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        * * *
        "Facility designed or operated for the benefit of delinquent
     children."  A facility that either identifies itself by charter,
     articles of incorporation or program description as solely for
     delinquent children.
        * * *
        "Shelter care."  Temporary care of a child in physically
     unrestricted facilities. A facility approved by the Department
     of Public Welfare to provide shelter care may be located in the
     same building as a facility approved to provide secure detention
     services provided that children receiving shelter care services
     are segregated from the children receiving secure detention
     services as required by the department.
        Section 2.  Section 6307 of Title 42 is amended by adding a
     paragraph to read:
      § 6307.  Inspection of court files and records.
        All files and records of the court in a proceeding under this
     chapter are open to inspection only by:
            * * *
            (6.1)  The judges, officers and professional staff of
        courts of other jurisdictions when necessary for the
        discharge of their official duties.
            * * *
        Section 3.  Sections 6309 and 6327(e) of Title 42 are amended
     to read:
      § 6309.  Juvenile history record information.
        (a)  Applicability of Criminal History Record Information
     Act.--Except for 18 Pa.C.S. §§ 9105 (relating to other criminal
     justice information), 9112(a) and (b) (relating to mandatory
     fingerprinting), 9113 (relating to disposition reporting by
     criminal justice agencies) and 9121(b) (relating to general
     regulations), the remaining provisions of 18 Pa.C.S. Ch. 91
     (relating to criminal history record information) shall apply to
     all alleged delinquents and adjudicated delinquents whose
     fingerprints and photographs are taken pursuant to section
     6308(c) (relating to law enforcement records) and to any
     juvenile justice agency which collects, maintains, disseminates
     or receives juvenile history record information. The disclosure
     to the public of the contents of law enforcement records and
     files concerning a child shall be governed by section 6308(b).
        (b)  Central repository.--The Pennsylvania State Police shall
     establish a Statewide central repository of fingerprints,
     photographs and juvenile history record information of alleged
     delinquents and adjudicated delinquents whose fingerprints and
     photographs are taken pursuant to section 6308(c).
        (c)  Fingerprints and photographs.--The arresting authority
     shall ensure that the fingerprints and photographs of [an]
     alleged [delinquent] and adjudicated delinquents whose
     fingerprints and photographs [which] have been taken by [an] the
     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 to the Juvenile Court Judges' Commission the disposition
     of cases where a child has been alleged to be delinquent,
     including the disposition of cases resulting in adjudication of
     delinquency which shall be submitted for inclusion in the
     central repository within 90 days of an adjudication of
     delinquency as required by the Juvenile Court Judges'
     Commission.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Criminal history record information."  In addition to the
     meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term
     includes the meaning of juvenile history record information as
     defined in this subsection.
        "Juvenile history record information."  Information collected
     pursuant to this section concerning alleged delinquents and
     adjudicated delinquents whose fingerprints and photographs are
     taken pursuant to section 6308(c) and arising from the filing of
     a petition of delinquency, consisting of identifiable
     descriptions, dates and notations of arrests[, indictments,
     information] or other delinquency charges and any adjudication
     of delinquency[, informal adjustment, consent decree] or
     preadjudication disposition other than dismissal arising
     therefrom. This information shall also include the last known
     location and the juvenile court jurisdiction status of each
     adjudicated delinquent. Juvenile history record information
     shall not include intelligence information, investigative
     information, treatment information, including medical and
     psychiatric information, caution indicator information, modus
     operandi information, wanted persons information, stolen
     property information, missing persons information, employment
     history information, personal history information or presentence
     investigation information.
      § 6327.  Place of detention.
        * * *
        (e)  Detention of dependent child.--A child alleged to be
     dependent may be detained or placed only in a Department of
     Public Welfare approved shelter care facility as stated in
     subsection (a)(1), (2) and (4), and shall not be detained in a
     jail or other facility intended or used for the detention of
     adults charged with criminal offenses, but may be detained in
     the same shelter care facilities with alleged or adjudicated
     delinquent children.
        * * *
        Section 4.  The definition of "local agency" in section 8501
     of Title 42 is amended to read:
      § 8501.  Definitions.
        The following words and phrases when used in this chapter
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        * * *
        "Local agency."  A government unit other than the
     Commonwealth government. The term includes, but is not limited
     to, an intermediate unit[.]; municipalities cooperating in the
     exercise or performance of governmental functions, powers or
     responsibilities under 53 Pa.C.S. Ch. 23 Subch. A (relating to
     intergovernmental cooperation); and councils of government and
     other entities created by two or more municipalities under 53
     Pa.C.S. Ch. 23 Subch. A.
        Section 5.  This act shall take effect in 60 days.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE