Bill Text: PA HB1786 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for disposition of delinquent child and for sentencing for criminal mischief.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-06-26 - Referred to JUDICIARY [HB1786 Detail]

Download: Pennsylvania-2009-HB1786-Introduced.html

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PRINTER'S NO. 2310
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1786 Session of2009
INTRODUCED BY PASHINSKI, BOYD, BRENNAN, BRIGGS, CARROLL, CLYMER, CRUZ, DeLUCA, FAIRCHILD, GEIST, GINGRICH, HARHAI, HARHART, HOUGHTON, KORTZ, MANN, MELIO, MENSCH, MICOZZIE, MUNDY, MURT, PHILLIPS, PRESTON, READSHAW, SAINATO, SCAVELLO, SIPTROTH, K. SMITH, SOLOBAY, STERN, VULAKOVICH AND WALKO, JUNE 26, 2009
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 26, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
disposition of delinquent child and for sentencing for
criminal mischief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6352 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 6352. Disposition of delinquent child.
* * *
(c) Graffiti.--
(1) When entering a disposition following an
adjudication of delinquency for an offense under 18 Pa.C.S. §
3304(a)(4) (relating to criminal mischief), 3307(a.1)
(relating to institutional vandalism), or both, the court
shall determine whether the child would benefit from the
provisions of this subsection and if so, the court shall
enter a disposition in accordance with the following:
(i) The disposition shall include a period of
supervised community service which, in cases involving
property damage and with the consent of the victim, shall
include repairing or restoring the damaged property if
the court determines that the repair or restoration of
the property would not place the child in a dangerous
situation and that the child is capable of repairing or
restoring the property.
(ii) (A) If property was damaged and the supervised
community service includes the repair or restoration
of property damaged and the child fails to repair or
restore the damaged property, the court shall require
the child to pay restitution in an amount equal to
the cost of repairing or restoring the property.
(B) If property was damaged, but the supervised
community service does not include the repair or
restoration of the damaged property, the court shall
require the child to pay restitution in an amount
equal to the cost of repairing or restoring the
property.
(iii) The court shall require a child adjudicated
delinquent for an offense in violation of 18 Pa.C.S. §
3304(a)(4) to pay a fine in an amount the court
determines will deter the child from engaging in future
conduct in violation of that section. The court may
require any child adjudicated delinquent for an offense
in violation of 18 Pa.C.S. § 3307(a.1) to pay a fine.
(2) A child's satisfactory completion of the
requirements of a disposition entered under this subsection
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shall result in a dismissal of the charge or charges to which
the disposition applied and the expungement of the charge or
charges from the record of the child. The court may, with the
consent of the prosecuting attorney, dismiss and expunge
additional charges filed against the child which arose out of
the same transaction or occurrence as the offense for which
the disposition entered under this subsection applied.
Section 2. Section 9720 of Title 42 is amended to read:
§ 9720. Sentencing for criminal mischief.
(a) Sentencing.--A person convicted of an offense under 18
Pa.C.S. [§§] § 3304(a)(4) (relating to criminal mischief) [and],
3307(a.1) (relating to institutional vandalism), or both, and
who in the opinion of the sentencing court would benefit, shall
be sentenced [to a term of supervised community service,
including repairing or restoring damaged property,] in
accordance with the following:
(1) The sentence shall include a period of supervised
community service, which, in cases involving damage to
property and with the consent of the victim, shall include
repairing or restoring the damaged property provided the
sentencing court determines that the repair or restoration of
the property would not place the person in a dangerous
situation and that the person is capable of repairing or
restoring the property, as follows:
[(1)] (i) If there was no damage to property, or if
the damage to the property is less than [$200] $150, the
term of community service shall not be less than [50
days] 25 hours nor more than [74 days] 40 hours.
[(2)] (ii) If the damage to the property is at
least [$200] $150 but less than $1,000, the term of
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community service shall not be less than [75 days] 40
hours nor more than [99 days] 80 hours.
[(3)] (iii) If the damage to the property is $1,000
or more, the term of community service shall not be less
than [100 days] 75 hours nor more than [200 days] 100
hours.
(2) (i) If property was damaged and the supervised
community service includes the repair or restoration of
property damaged and the person fails to repair or
restore the damaged property, the court shall require the
person to pay restitution in an amount equal to the cost
of repairing or restoring the property.
(ii) If property was damaged, but the supervised
community service does not include the repair or
restoration of the damaged property, the court shall
sentence the person to pay restitution in an amount equal
to the cost of repairing or restoring the property.
(3) The sentencing court shall sentence a person
convicted of an offense in violation of section 3304(a)(4) to
pay a fine in an amount the court determines will deter the
person from engaging in future conduct in violation of that
section. The sentencing court may sentence a person convicted
of an offense in violation of section 3307(a.1) to pay fine.
(b) Satisfactory completion of community service program.--
[Satisfactory] A person's satisfactory completion of [the
community service program under] a sentence imposed under
subsection (a) shall result in a dismissal of the charges to
which the sentence applied and their expungement [of] from the
record of the person sentenced under subsection (a). The court
may, with the consent of the prosecuting attorney, dismiss and
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expunge additional charges filed against the person which arose
out of the same transaction or occurrence as the offense for
which the sentence was imposed under this section. The court
shall follow procedures similar to those established for the
Accelerated Rehabilitative Disposition Program.
Section 3. This act shall take effect in 60 days.
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