Pennsylvania 2023-2024 Regular Session

Pennsylvania Senate Bill SB751

Introduced
6/6/23  

Caption

In juvenile matters, further providing for definitions, for place of detention and for transfer to criminal proceedings.

Impact

The implications of SB 751 on state laws are significant, particularly in how juvenile offenders may be processed within the legal system. By expanding the range of serious offenses that can lead to a juvenile's transfer to criminal court, the bill seeks to reduce ambiguities that currently exist within the juvenile justice framework. This change is poised to influence how the justice system manages cases of juvenile offenders, potentially increasing the number who are prosecuted as adults, which aligns with the state's tougher stance on violent juvenile crime.

Summary

Senate Bill 751 aims to amend several provisions in Pennsylvania's Title 42 regarding juvenile matters, specifically focusing on definitions, detention protocols, and transfer processes to criminal proceedings. The bill notably revises the definition of 'delinquent act' to include more severe offenses carried out by individuals aged 15 and older, especially when a deadly weapon is involved. This amendment is geared towards addressing the growing concerns over juvenile crime and ensuring that the legal classification of offenses reflects their seriousness, mirroring adult criminal law standards appropriately.

Sentiment

The general sentiment surrounding SB 751 appears mixed among stakeholders. Supporters argue that the bill is a necessary step in addressing public safety concerns related to juvenile delinquency, emphasizing the need for a legal structure that can efficiently process serious offenders. Critics, however, express concerns that this approach may lead to disproportionately harsh consequences for juvenile offenders, undermining rehabilitation efforts and perpetuating cycles of incarceration without addressing underlying issues. This dichotomy points to broader debates around juvenile justice reform in Pennsylvania.

Contention

Some areas of contention include the implications of lowering the age threshold for transfers to adult court and the potential increase in juvenile detention rates. Opponents fear that making it easier to charge juveniles as adults could lead to violations of their rights and a lack of access to necessary reform programs, as juveniles shifted to adult courts often lose the rehabilitative focus of juvenile justice. Discussions about the moral and practical outcomes of such legislation highlight the complexities of balancing public safety with the developmental considerations for young offenders.

Companion Bills

No companion bills found.

Previously Filed As

PA HB1383

In juvenile matters, further providing for definitions, for scope of chapter, for inspection of court files and records, for transfer from criminal proceedings, for place of detention and for conduct of hearings and repealing provisions relating to transfer to criminal proceedings; and making editorial changes.

PA HB1551

In juvenile matters, further providing for definitions, for scope of chapter, for inspection of court files and records, for transfer from criminal proceedings, for place of detention and for conduct of hearings and repealing provisions relating to transfer to criminal proceedings; and making editorial changes.

PA HB1381

In juvenile matters, further providing for short title and purposes of chapter, for definitions, for scope of chapter, for powers and duties of probation officers, for summary offenses, for inspection of court files and records, for guardian ad litem for child in court proceedings, for transfer from criminal proceedings, for informal adjustment, for taking into custody, for detention of child, for release or delivery to court and for place of detention, providing for confinement in juvenile treatment facilities, further providing for notice and hearing, providing for questioning and interrogating a child, further providing for consent decree, providing for school stability for certain students, further providing for disposition of delinquent child, for limitation on and change in place of commitment and for transfer to criminal proceedings.

PA HB1385

In juvenile matters, further providing for definitions and for disposition of delinquent child.

PA HB1187

In authorized disposition of offenders, further providing for Accelerated Rehabilitative Disposition prohibited; in criminal homicide, further providing for the offense of murder; in assault, further providing for the offense of stalking and for the offense of unauthorized administration of intoxicant; in sexual offenses, further providing for definitions and for the offense of rape, repealing provisions relating to the offense of involuntary deviate sexual intercourse and further providing for the offense of sexual assault, for the offense of institutional sexual assault, for the offense of sexual assault by sports official, volunteer or employee of nonprofit association, for the offense of aggravated indecent assault and for general rule relating to loss of property rights; in wiretapping and electronic surveillance, further providing for definitions and for order authorizing interception of wire, electronic or oral communications; in public indecency, further providing for the offense of prostitution and related offenses; in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; in minors, further providing for transmission of sexually explicit images by minor; in criminal history record information, further providing for expungement and for juvenile records; in child custody, further providing for consideration of criminal conviction; in protection from abuse, further providing for definitions; in child protective services, further providing for definitions, for exclusions from child abuse and for employees having contact with children and adoptive and foster parents; in domestic and sexual violence victim address confidentiality, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in depositions and witnesses, further providing for spouses as witnesses against each other and for hearsay; in juvenile matters, further providing for definitions, for inspection of court files and records, for law enforcement records, for conduct of hearings, for transfer to criminal proceedings and for assessment of delinquent children by the State Sexual Offenders Assessment Board; in court-ordered involuntary treatment of certain sexually violent persons, further providing for definitions and for court-ordered involuntary treatment; in sentencing, further providing for sentences for second or subsequent offenses, for sentences for offenses against elderly persons, for sentences for offenses against infant persons, for sentences for offenses committed while impersonating a law enforcement officer, for sentencing for trafficking of persons, for definitions, for sexual offenses and tier system, for termination of period of registration for juvenile offenders, for assessments, for registration and for assessments; in judicial change of name, further providing for change by order of court; in Pennsylvania Board of Probation and Parole, further providing for parole procedure; and, in interstate compacts, further providing for supervision of persons paroled by other states.

PA HB1555

In preliminary provisions, further providing for definitions; in pupils and attendance, providing for educational oversight for juveniles in facilities, further providing for possession of weapons prohibited and providing for placement of certain adjudicated students; in safe schools, further providing for definitions and for reporting and providing for School-Based Diversion Programs Fund; in school security, further providing for powers and duties and providing for limitations on proceedings and arrest; and, in school districts of the first class, repealing provisions relating to placement of certain adjudicated students.

PA HB1326

In criminal homicide, repealing provisions relating to the offense of drug delivery resulting in death; in assault, providing for the offense of drug delivery resulting in death or serious bodily injury; in arson, criminal mischief and other property destruction, further providing for additional fine for arson committed for profit; in wiretapping and electronic surveillance, further providing for definitions; in limitation of time, further providing for no limitation applicable and for other offenses; and, in sentencing, further providing for sentences for second and subsequent offenses.

PA HB326

In criminal homicide, repealing provisions relating to the offense of drug delivery resulting in death; in assault, providing for the offense of drug delivery resulting in death or serious bodily injury; in arson, criminal mischief and other property destruction, further providing for additional fine for arson committed for profit; in wiretapping and electronic surveillance, further providing for definitions; in limitation of time, further providing for no limitation applicable and for other offenses; and, in sentencing, further providing for sentences for second and subsequent offenses.

PA HB641

In sentencing, further providing for sentences for second and subsequent offenses; and, in Pennsylvania Board of Probation and Parole, further providing for parole power.

PA HB1859

In firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms.

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