HB 1383 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, 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.

PRINTER'S NO.    1752

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1383
                                               Session of
                                                 2025

     INTRODUCED BY RABB, GUENST, SANCHEZ, WAXMAN, D. WILLIAMS, OTTEN,
        FIEDLER, CEPEDA-FREYTIZ AND K.HARRIS, MAY 28, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MAY 28, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in juvenile matters,
 3      further providing for definitions, for scope of chapter, for
 4      inspection of court files and records, for transfer from
 5      criminal proceedings, for place of detention and for conduct
 6      of hearings and repealing provisions relating to transfer to
 7      criminal proceedings; and making editorial changes.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The definition of "delinquent act" in section
11   6302 of Title 42 of the Pennsylvania Consolidated Statutes is
12   amended to read:
13   § 6302.    Definitions.
14      The following words and phrases when used in this chapter
15   shall have, unless the context clearly indicates otherwise, the
16   meanings given to them in this section:
17      * * *
18      "Delinquent [act."
19          (1)   The term means an] act."   An act designated a crime
20      under the law of this Commonwealth, or of another state if
 1    the act occurred in that state, or under Federal law, or an
 2    act which constitutes indirect criminal contempt under
 3    Chapter 62A (relating to protection of victims of sexual
 4    violence or intimidation) with respect to sexual violence or
 5    23 Pa.C.S. Ch. 61 (relating to protection from abuse) or the
 6    failure of a child to comply with a lawful sentence imposed
 7    for a summary offense, in which event notice of the fact
 8    shall be certified to the court.
 9        [(2)    The term shall not include:
10               (i)    The crime of murder.
11               (ii)    Any of the following prohibited conduct where
12        the child was 15 years of age or older at the time of the
13        alleged conduct and a deadly weapon as defined in 18
14        Pa.C.S. § 2301 (relating to definitions) was used during
15        the commission of the offense which, if committed by an
16        adult, would be classified as:
17                      (A)   Rape as defined in 18 Pa.C.S. § 3121
18               (relating to rape).
19                      (B)   Involuntary deviate sexual intercourse as
20               defined in 18 Pa.C.S. § 3123 (relating to involuntary
21               deviate sexual intercourse).
22                      (C)   Aggravated assault as defined in 18 Pa.C.S.
23               § 2702(a)(1) or (2) (relating to aggravated assault).
24                      (D)   Robbery as defined in 18 Pa.C.S. § 3701(a)
25               (1)(i), (ii) or (iii) (relating to robbery).
26                      (E)   Robbery of motor vehicle as defined in 18
27               Pa.C.S. § 3702 (relating to robbery of motor
28               vehicle).
29                      (F)   Aggravated indecent assault as defined in 18
30               Pa.C.S. § 3125 (relating to aggravated indecent

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 1             assault).
 2                    (G)   Kidnapping as defined in 18 Pa.C.S. § 2901
 3             (relating to kidnapping).
 4                    (H)   Voluntary manslaughter.
 5                    (I)   An attempt, conspiracy or solicitation to
 6             commit murder or any of these crimes as provided in
 7             18 Pa.C.S. §§ 901 (relating to criminal attempt), 902
 8             (relating to criminal solicitation) and 903 (relating
 9             to criminal conspiracy).
10             (iii)    Any of the following prohibited conduct where
11        the child was 15 years of age or older at the time of the
12        alleged conduct and has been previously adjudicated
13        delinquent of any of the following prohibited conduct
14        which, if committed by an adult, would be classified as:
15                    (A)   Rape as defined in 18 Pa.C.S. § 3121.
16                    (B)   Involuntary deviate sexual intercourse as
17             defined in 18 Pa.C.S. § 3123.
18                    (C)   Robbery as defined in 18 Pa.C.S. § 3701(a)
19             (1)(i), (ii) or (iii).
20                    (D)   Robbery of motor vehicle as defined in 18
21             Pa.C.S. § 3702.
22                    (E)   Aggravated indecent assault as defined in 18
23             Pa.C.S. § 3125.
24                    (F)   Kidnapping as defined in 18 Pa.C.S. § 2901.
25                    (G)   Voluntary manslaughter.
26                    (H)   An attempt, conspiracy or solicitation to
27             commit murder or any of these crimes as provided in
28             18 Pa.C.S. §§ 901, 902 and 903.
29             (iv)    Summary offenses.
30             (v)    A crime committed by a child who has been found

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 1             guilty in a criminal proceeding for other than a summary
 2             offense.]
 3      * * *
 4      Section 2.       Sections 6303(b), 6307(b)(1.1) and 6308(a)
 5   heading and introductory paragraph and (c)(1) of Title 42 are
 6   amended to read:
 7   § 6303.    Scope of chapter.
 8      * * *
 9      (b)    Minor judiciary.--No child shall be detained, committed
10   or sentenced to imprisonment by a magisterial district judge or
11   a judge of the minor judiciary [unless the child is charged with
12   an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the
13   definition of "delinquent act" in section 6302 (relating to
14   definitions)].
15      * * *
16   § 6307.    Inspection of court files and records.
17      * * *
18      (b)    Public availability.--
19             (1.1)   The contents of court records and files concerning
20      a child shall not be disclosed to the public. [unless any of
21      the following apply:
22                 (i)     The child has been adjudicated delinquent by a
23             court as a result of an act or acts committed when the
24             child was 14 years of age or older and the conduct would
25             have constituted one or more of the following offenses if
26             committed by an adult:
27                       (A)   Murder.
28                       (B)   Voluntary manslaughter.
29                       (C)   Aggravated assault as defined in 18 Pa.C.S.
30                 § 2702(a)(1) or (2) (relating to aggravated assault).

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 1                    (D)   Sexual Assault as defined in 18 Pa.C.S. §
 2             3124.1 (relating to sexual assault).
 3                    (E)   Aggravated indecent assault as defined in 18
 4             Pa.C.S. § 3125 (relating to aggravated indecent
 5             assault).
 6                    (F)   Arson as defined in 18 Pa.C.S. § 3301(a)(1)
 7             (relating to arson and related offenses).
 8                    (G)   Burglary as a felony in the first degree as
 9             defined in 18 Pa.C.S. § 3502(c)(1) (relating to
10             burglary).
11                    (H)   Involuntary deviate sexual intercourse.
12                    (I)   Kidnapping.
13                    (J)   Rape.
14                    (K)   Robbery as defined in 18 Pa.C.S. § 3701(a)
15             (1)(i), (ii) or (iii) (relating to robbery).
16                    (L)   Robbery of motor vehicle.
17                    (M)   Violation of 18 Pa.C.S. Ch. 61 (relating to
18             firearms and other dangerous articles).
19                    (N)   Attempt or conspiracy to commit any of the
20             offenses in this subparagraph.
21             (ii)    A petition alleging delinquency has been filed
22        alleging that the child has committed an act or acts
23        subject to a hearing pursuant to section 6336(e)
24        (relating to conduct of hearings) and the child
25        previously has been adjudicated delinquent by a court as
26        a result of an act or acts committed when the child was
27        14 years of age or older and the conduct would have
28        constituted one or more of the following offenses if
29        committed by an adult:
30                    (A)   Murder.

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 1                     (B)   Voluntary manslaughter.
 2                     (C)   Aggravated assault as defined in 18 Pa.C.S.
 3                 § 2702(a)(1) or (2).
 4                     (D)   Sexual Assault as defined in 18 Pa.C.S. §
 5                 3124.1.
 6                     (E)   Aggravated indecent assault as defined in 18
 7                 Pa.C.S. § 3125.
 8                     (F)   Arson as defined in 18 Pa.C.S. § 3301(a)(1).
 9                     (G)   Burglary as a felony in the first degree as
10                 defined in 18 Pa.C.S. § 3502(c)(1).
11                     (H)   Involuntary deviate sexual intercourse.
12                     (I)   Kidnapping.
13                     (J)   Rape.
14                     (K)   Robbery as defined in 18 Pa.C.S. § 3701(a)
15                 (1)(i), (ii) or (iii).
16                     (L)   Robbery of motor vehicle.
17                     (M)   Violation of 18 Pa.C.S. Ch. 61.
18                     (N)   Attempt or conspiracy to commit any of the
19                 offenses in this subparagraph.]
20             * * *
21   § 6308.    Law enforcement records.
22      (a)    [General rule] Inspection.--Law enforcement records and
23   files concerning a child shall be kept separate from the records
24   and files of arrests of adults. Unless [a charge of delinquency
25   is transferred for criminal prosecution under section 6355
26   (relating to transfer to criminal proceedings),] the interest of
27   national security requires[,] or the court otherwise orders in
28   the interest of the child, the records and files shall not be
29   open to public inspection or their contents disclosed to the
30   public except as provided in subsection (b); but inspection of

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 1   the records and files is permitted by:
 2             * * *
 3      (c)    Fingerprints and photographs.--
 4             (1)   Law enforcement officers shall have the authority to
 5      take or cause to be taken the fingerprints or photographs, or
 6      both, of any child who is alleged to have committed an act
 7      designated as a misdemeanor or felony under the laws of this
 8      Commonwealth or of another state if the act occurred in that
 9      state or under Federal law. If a child is found to be a
10      delinquent child pursuant to section 6341 (relating to
11      adjudication) on the basis of an act designated as a
12      misdemeanor or felony [or the child's case is transferred for
13      criminal prosecution pursuant to section 6355], the law
14      enforcement agency that alleged the child to be a delinquent
15      child shall take or cause to be taken the fingerprints and
16      photographs of the child, if not previously taken pursuant to
17      this case, and ensure that these records are forwarded to the
18      central repository pursuant to section 6309(c) (relating to
19      juvenile history record information). If a child was alleged
20      to be delinquent by other than a law enforcement agency, the
21      court shall direct the juvenile probation department to
22      ensure that the delinquent child's fingerprints and
23      photographs are taken by a law enforcement agency.
24             * * *
25      Section 3.     Section 6322(a) of Title 42 is amended and the
26   section is amended by adding a subsection to read:
27   § 6322.    Transfer from criminal proceedings.
28      (a)    [General rule] Transfer.--Except as provided in 75
29   Pa.C.S. § 6303 (relating to rights and liabilities of minors) or
30   in the event the child [is charged with murder or any of the

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 1   offenses excluded by paragraph (2)(ii) or (iii) of the
 2   definition of "delinquent act" in section 6302 (relating to
 3   definitions) or] has been found guilty in a criminal proceeding,
 4   if it appears to the court in a criminal proceeding that the
 5   defendant [is a child] was a child at the time of the offense,
 6   this chapter shall immediately become applicable, and the court
 7   shall forthwith halt further criminal proceedings, and, where
 8   appropriate, transfer the case to the division or a judge of the
 9   court assigned to conduct juvenile hearings, together with a
10   copy of the accusatory pleading and other papers, documents, and
11   transcripts of testimony relating to the case. [If it appears to
12   the court in a criminal proceeding charging murder or any of the
13   offenses excluded by paragraph (2)(ii) or (iii) of the
14   definition of "delinquent act" in section 6302, that the
15   defendant is a child, the case may similarly be transferred and
16   the provisions of this chapter applied. In determining whether
17   to transfer a case charging murder or any of the offenses
18   excluded from the definition of "delinquent act" in section
19   6302, the child shall be required to establish by a
20   preponderance of the evidence that the transfer will serve the
21   public interest. In determining whether the child has so
22   established that the transfer will serve the public interest,
23   the court shall consider the factors contained in section
24   6355(a)(4)(iii) (relating to transfer to criminal proceedings).]
25      * * *
26      (f)   Transfer of cases back to juvenile court.--In the case
27   of an individual who was under 18 years of age at the time of
28   the offense and whose case has already been transferred or is
29   otherwise within the adult criminal justice system, the case
30   shall be returned to juvenile court in accordance with

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 1   subsection (a).
 2      Section 4.     Sections 6327(c), (c.1) and (d), 6336(e),
 3   6337.1(b)(3)(ii) and 6339(a) of Title 42 are amended to read:
 4   § 6327.    Place of detention.
 5      * * *
 6      (c)    Detention in jail prohibited.--It is unlawful for any
 7   person in charge of or employed by a jail knowingly to receive
 8   for detention or to detain in the jail any person whom he has or
 9   should have reason to believe is a child. [unless, in a criminal
10   proceeding, the child has been charged with or has been found
11   guilty of an act set forth in paragraph (2)(i), (ii), (iii) or
12   (v) of the definition of "delinquent act" in section 6302
13   (relating to definitions).
14      (c.1)    Detention of child.--
15             (1)   A child who is subject to criminal proceedings
16      having been charged with an act set forth under paragraph
17      (2)(i), (ii) or (iii) of the definition of "delinquent act"
18      in section 6302, who has not been released on bail and who
19      may seek or is seeking transfer to juvenile proceedings under
20      section 6322 (relating to transfer from criminal proceedings)
21      may be detained in a secure detention facility approved by
22      the Department of Public Welfare for the detention of alleged
23      and adjudicated delinquent children if the attorney for the
24      Commonwealth has consented to and the court has ordered the
25      detention.
26             (2)   Secure detention ordered under this subsection shall
27      not affect a child's eligibility for or ability to post bail.
28             (3)   For a child held in secure detention under this
29      subsection, the court shall order the immediate transfer of
30      the child to the county jail if any of the following apply:

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 1                   (i)    The court determines that the child is no longer
 2             seeking transfer under section 6322.
 3                   (ii)    The court denies the motion filed under section
 4             6322.
 5                   (iii)    The child attains 18 years of age. This
 6             subparagraph does not apply if:
 7                          (A)   the court has granted the motion filed under
 8                   section 6322; or
 9                          (B)   the child is otherwise under order of
10                   commitment to the secure detention facility pursuant
11                   to the jurisdiction of the court in a delinquency
12                   matter.
13      (d)    Transfer of child subject to criminal proceedings.--If a
14   case is transferred for criminal prosecution the child may be
15   transferred to the appropriate officer or detention facility in
16   accordance with the law governing the detention of persons
17   charged with crime. The court in making the transfer may order
18   continued detention as a juvenile pending trial if the child is
19   unable to provide bail.]
20      * * *
21   § 6336.    Conduct of hearings.
22      * * *
23      [(e)    Open proceedings.--The general public shall not be
24   excluded from any hearings under this chapter:
25             (1)   Pursuant to a petition alleging delinquency where
26      the child was 14 years of age or older at the time of the
27      alleged conduct and the alleged conduct would be considered a
28      felony if committed by an adult.
29             (2)   Pursuant to a petition alleging delinquency where
30      the child was 12 years of age or older at the time of the

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 1      alleged conduct and where the alleged conduct would have
 2      constituted one or more of the following offenses if
 3      committed by an adult:
 4                  (i)     Murder.
 5                  (ii)    Voluntary manslaughter.
 6                  (iii)    Aggravated assault as defined in 18 Pa.C.S. §
 7            2702(a)(1) or (2) (relating to aggravated assault).
 8                  (iv)    Arson as defined in 18 Pa.C.S. § 3301(a)(1)
 9            (relating to arson and related offenses).
10                  (v)    Involuntary deviate sexual intercourse.
11                  (vi)    Kidnapping.
12                  (vii)    Rape.
13                  (viii)    Robbery as defined in 18 Pa.C.S. § 3701(a)(1)
14            (i), (ii) or (iii) (relating to robbery).
15                  (ix)    Robbery of motor vehicle.
16                  (x)    Attempt or conspiracy to commit any of the
17            offenses in this paragraph.
18   Notwithstanding anything in this subsection, the proceedings
19   shall be closed upon and to the extent of any agreement between
20   the child and the attorney for the Commonwealth.]
21      * * *
22   § 6337.1.      Right to counsel for children in dependency and
23                  delinquency proceedings.
24      * * *
25      (b)   Children in delinquency proceedings.--
26            * * *
27            (3)    Notwithstanding paragraph (1), a child who is 14
28      years of age or older may waive the right to counsel if the
29      court has determined that the waiver is knowingly,
30      intelligently and voluntarily made after having conducted a

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 1      colloquy with the child on the record, in accordance with the
 2      Pennsylvania Rules of Juvenile Court Procedure, and the
 3      hearing for which waiver is sought is not one of the
 4      following:
 5                 * * *
 6                 [(ii)   A hearing to consider transfer to criminal
 7             proceedings under section 6355 (relating to transfer to
 8             criminal proceedings).]
 9                 * * *
10   § 6339.    Investigation and report.
11      (a)     [General rule] Authorization.--If the allegations of a
12   petition are admitted by a party [or notice of hearing under
13   section 6355 (relating to transfer to criminal proceedings) has
14   been given], the court, prior to the hearing on need for
15   treatment or disposition, may direct that a social study and
16   report in writing to the court be made by an officer of the
17   court or other person designated by the court, concerning the
18   child, his family, his environment, and other matters relevant
19   to disposition of the case. If the allegations of the petition
20   are not admitted [and notice of a hearing under section 6355 has
21   not been given], the court shall not direct the making of the
22   study and report until after the court has held a hearing on the
23   petition upon notice of hearing given pursuant to this chapter
24   and the court has found that the child committed a delinquent
25   act or is a dependent child.
26      * * *
27      Section 5.    Section 6355 of Title 42 is repealed:
28   [§ 6355.    Transfer to criminal proceedings.
29      (a)     General rule.--After a petition has been filed alleging
30   delinquency based on conduct which is designated a crime or

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 1   public offense under the laws, including local ordinances, of
 2   this Commonwealth, the court before hearing the petition on its
 3   merits may rule that this chapter is not applicable and that the
 4   offense should be prosecuted, and transfer the offense, where
 5   appropriate, to the division or a judge of the court assigned to
 6   conduct criminal proceedings, for prosecution of the offense if
 7   all of the following exist:
 8          (1)   The child was 14 or more years of age at the time of
 9      the alleged conduct.
10          (2)   A hearing on whether the transfer should be made is
11      held in conformity with this chapter.
12          (3)   Notice in writing of the time, place, and purpose of
13      the hearing is given to the child and his parents, guardian,
14      or other custodian at least three days before the hearing.
15          (4)   The court finds:
16                (i)    that there is a prima facie case that the child
17          committed the delinquent act alleged;
18                (ii)    that the delinquent act would be considered a
19          felony if committed by an adult;
20                (iii)    that there are reasonable grounds to believe
21          that the public interest is served by the transfer of the
22          case for criminal prosecution. In determining whether the
23          public interest can be served, the court shall consider
24          the following factors:
25                       (A)   the impact of the offense on the victim or
26                victims;
27                       (B)   the impact of the offense on the community;
28                       (C)   the threat to the safety of the public or
29                any individual posed by the child;
30                       (D)   the nature and circumstances of the offense

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 1                allegedly committed by the child;
 2                       (E)   the degree of the child's culpability;
 3                       (F)   the adequacy and duration of dispositional
 4                alternatives available under this chapter and in the
 5                adult criminal justice system; and
 6                       (G)   whether the child is amenable to treatment,
 7                supervision or rehabilitation as a juvenile by
 8                considering the following factors:
 9                             (I)    age;
10                             (II)    mental capacity;
11                             (III)    maturity;
12                             (IV)    the degree of criminal sophistication
13                       exhibited by the child;
14                             (V)    previous records, if any;
15                             (VI)    the nature and extent of any prior
16                       delinquent history, including the success or
17                       failure of any previous attempts by the juvenile
18                       court to rehabilitate the child;
19                             (VII)    whether the child can be rehabilitated
20                       prior to the expiration of the juvenile court
21                       jurisdiction;
22                             (VIII)    probation or institutional reports,
23                       if any;
24                             (IX)    any other relevant factors; and
25                (iv)    that there are reasonable grounds to believe
26            that the child is not committable to an institution for
27            the mentally retarded or mentally ill.
28      (b)   Chapter inapplicable following transfer.--The transfer
29   terminates the applicability of this chapter over the child with
30   respect to the delinquent acts alleged in the petition.

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 1      (c)   Transfer at request of child.--The child may request
 2   that the case be transferred for prosecution in which event the
 3   court may order this chapter not applicable.
 4      (d)   Effect of transfer from criminal proceedings.--No
 5   hearing shall be conducted where this chapter becomes applicable
 6   because of a previous determination by the court in a criminal
 7   proceeding.
 8      (e)   Murder and other excluded acts.--Where the petition
 9   alleges conduct which if proven would constitute murder, or any
10   of the offenses excluded by paragraph (2)(ii) or (iii) of the
11   definition of "delinquent act" in section 6302 (relating to
12   definitions), the court shall require the offense to be
13   prosecuted under the criminal law and procedures, except where
14   the case has been transferred pursuant to section 6322 (relating
15   to transfer from criminal proceedings) from the division or a
16   judge of the court assigned to conduct criminal proceedings.
17      (f)   Transfer action interlocutory.--The decision of the
18   court to transfer or not to transfer the case shall be
19   interlocutory.
20      (g)   Burden of proof.--The burden of establishing by a
21   preponderance of evidence that the public interest is served by
22   the transfer of the case to criminal court and that a child is
23   not amenable to treatment, supervision or rehabilitation as a
24   juvenile shall rest with the Commonwealth unless the following
25   apply:
26            (1) (i)     a deadly weapon as defined in 18 Pa.C.S. § 2301
27            (relating to definitions) was used and the child was 14
28            years of age at the time of the offense; or
29                 (ii)    the child was 15 years of age or older at the
30            time of the offense and was previously adjudicated

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 1          delinquent of a crime that would be considered a felony
 2          if committed by an adult; and
 3          (2)   there is a prima facie case that the child committed
 4      a delinquent act which, if committed by an adult, would be
 5      classified as rape, involuntary deviate sexual intercourse,
 6      aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or
 7      (2) (relating to aggravated assault), robbery as defined in
 8      18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
 9      robbery), robbery of motor vehicle, aggravated indecent
10      assault, kidnapping, voluntary manslaughter, an attempt,
11      conspiracy or solicitation to commit any of these crimes or
12      an attempt to commit murder as specified in paragraph (2)(ii)
13      of the definition of "delinquent act" in section 6302.
14   If either of the preceding criteria are met, the burden of
15   establishing by a preponderance of the evidence that retaining
16   the case under this chapter serves the public interest and that
17   the child is amenable to treatment, supervision or
18   rehabilitation as a juvenile shall rest with the child.]
19      Section 6.   This act shall apply to all proceedings that
20   commence on or after the effective date of this section.
21      Section 7.   This act shall take effect in 60 days.




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