§ 6303. Scope of chapter.

546 words·~2 min read·/pa/title-42/chapter-63/6303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- This chapter shall apply exclusively to the following:

(1)Proceedings in which a child is alleged to be delinquent or dependent.

(2)Transfers under section 6322 (relating to transfer from criminal proceedings).

(3)Proceedings arising under Subchapter E (relating to dispositions affecting other jurisdictions).

(4)Proceedings under the Interstate Compact on Juveniles, as set forth in section 731 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

(5)Proceedings in which a child is charged with a summary offense arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under this chapter. The summary offense shall be included in any petition regarding the accompanying delinquent act. Upon finding a child to have committed a summary offense, the court may utilize any disposition available to the minor judiciary where a child is found to have committed a summary offense, including a finding of guilt on the summary offense.

(b)Minor judiciary.-- No child shall be detained, committed or sentenced to imprisonment by a magisterial district judge or a judge of the minor judiciary unless the child is charged with an act set forth in paragraph (2)(i), (ii),

(iii)or

(v)of the definition of "delinquent act" in section 6302 (relating to definitions).

(c)Summary offenses generally.-- In addition to the provisions of subsection (a)(5) and notwithstanding the exclusion of summary offenses generally from the definition of "delinquent act" under section 6302, the provisions of sections 6307 (relating to inspection of court files and records) and 6336(d) (relating to conduct of hearings), insofar as section 6336(d) relates to the exclusion of the general public from the proceedings, shall apply to proceedings involving a child charged with a summary offense when the proceedings are before a judge of the minor judiciary, the Philadelphia Municipal Court or a court of common pleas.

42c6303v

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Mar. 29, 1996, P.L.51, No.17, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 90 days; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days)

2014 Amendment. Act 138 amended subsec. (c).

2004 Amendment. Act 207 amended subsec. (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Suspension by Court Rule. Subsection

(b)was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(8), amended December 30, 2005, insofar as it is inconsistent with Rule 210 relating to arrest warrants.

References in Text. Section 731 of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsec. (a), was repealed by the act of July 2, 2004, P.L.468, No.54. The subject matter is now contained in the Interstate Compact for Juveniles Act.

The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection (a), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.

Cross References. Section 6303 is referred to in section 6336 of this title.

42c6304s