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Conduct of hearings - 42 Pa. Cons. Stat. § 6336

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     § 6336.  Conduct of hearings.
        (a)  General rule.--Hearings under this chapter shall be
     conducted by the court without a jury, in an informal but
     orderly manner, and separate from other proceedings not included
     in section 6303 (relating to scope of chapter).
        (b)  Functions of district attorney.--The district attorney,
     upon request of the court, shall present the evidence in support
     of the petition and otherwise conduct the proceedings on behalf
     of the Commonwealth.
        (c)  Record.--If requested by the party or ordered by the
     court the proceedings shall be recorded by appropriate means. If
     not so recorded, full minutes of the proceedings shall be kept
     by the court.
        (d)  Proceeding in camera.--Except in hearings to declare a
     person in contempt of court and in hearings as specified in
     subsection (e), the general public shall be excluded from
     hearings under this chapter. Only the parties, their counsel,
     witnesses, the victim and counsel for the victim, other persons
     accompanying a party or a victim for his or her assistance, and
     any other person as the court finds have a proper interest in
     the proceeding or in the work of the court shall be admitted by
     the court. The court may temporarily exclude the child from the
     hearing except while allegations of his delinquency are being
     heard.
        (e)  Open proceedings.--The general public shall not be
     excluded from any hearings under this chapter:
            (1)  Pursuant to a petition alleging delinquency where
        the child was 14 years of age or older at the time of the
        alleged conduct and the alleged conduct would be considered a
        felony if committed by an adult.
            (2)  Pursuant to a petition alleging delinquency where
        the child was 12 years of age or older at the time of the
        alleged conduct and where the alleged conduct would have
        constituted one or more of the following offenses if
        committed by an adult:
                (i)   Murder.
                (ii)  Voluntary manslaughter.
                (iii)  Aggravated assault as defined in 18 Pa.C.S. §
            2702(a)(1) or (2) (relating to aggravated assault).
                (iv)  Arson as defined in 18 Pa.C.S. § 3301(a)(1)
            (relating to arson and related offenses).
                (v)  Involuntary deviate sexual intercourse.
                (vi)  Kidnapping.
                (vii)  Rape.
                (viii)  Robbery as defined in 18 Pa.C.S. §
            3701(a)(1)(i), (ii) or (iii) (relating to robbery).
                (ix)  Robbery of motor vehicle.
                (x)  Attempt or conspiracy to commit any of the
            offenses in this paragraph.
     Notwithstanding anything in this subsection, the proceedings
     shall be closed upon and to the extent of any agreement between
     the child and the attorney for the Commonwealth.
        (f)  Discretion of court.--The court at any disposition
     proceeding under subsection (e) shall have discretion to
     maintain the confidentiality of mental health, medical or
     juvenile institutional documents or juvenile probation reports.
     (Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Apr. 6, 1995,
     1st Sp.Sess., P.L.997, No.11, eff. 60 days)

        Suspension by Court Rule.  Subsection (c) was suspended by
     Pennsylvania Rule of Juvenile Court Procedure No. 800(3),
     amended December 30, 2005, insofar as it is inconsistent with
     Rule 127(A) relating to recording and transcribing juvenile
     court proceedings.
        Subsection (c) was suspended by Pennsylvania Rule of Juvenile
     Court Procedure No. 1800(2), adopted August 21, 2006, insofar as
     it is inconsistent with Rules 1127(A) and 1242(B)(2) relating to
     recording and transcribing juvenile court proceedings and
     general conduct of shelter care hearing.
        Cross References.  Section 6336 is referred to in sections
     6307, 6308 of this title.

Last modified: November 27, 2007