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Transfer to criminal proceedings - 42 Pa. Cons. Stat. § 6355

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     § 6355.  Transfer to criminal proceedings.
        (a)  General rule.--After a petition has been filed alleging
     delinquency based on conduct which is designated a crime or
     public offense under the laws, including local ordinances, of
     this Commonwealth, the court before hearing the petition on its
     merits may rule that this chapter is not applicable and that the
     offense should be prosecuted, and transfer the offense, where
     appropriate, to the division or a judge of the court assigned to
     conduct criminal proceedings, for prosecution of the offense if
     all of the following exist:
            (1)  The child was 14 or more years of age at the time of
        the alleged conduct.
            (2)  A hearing on whether the transfer should be made is
        held in conformity with this chapter.
            (3)  Notice in writing of the time, place, and purpose of
        the hearing is given to the child and his parents, guardian,
        or other custodian at least three days before the hearing.
            (4)  The court finds:
                (i)  that there is a prima facie case that the child
            committed the delinquent act alleged;
                (ii)  that the delinquent act would be considered a
            felony if committed by an adult;
                (iii)  that there are reasonable grounds to believe
            that the public interest is served by the transfer of the
            case for criminal prosecution.  In determining whether
            the public interest can be served, the court shall
            consider the following factors:
                    (A)  the impact of the offense on the victim or
                victims;
                    (B)  the impact of the offense on the community;
                    (C)  the threat to the safety of the public or
                any individual posed by the child;
                    (D)  the nature and circumstances of the offense
                allegedly committed by the child;
                    (E)  the degree of the child's culpability;
                    (F)  the adequacy and duration of dispositional
                alternatives available under this chapter and in the
                adult criminal justice system; and
                    (G)  whether the child is amenable to treatment,
                supervision or rehabilitation as a juvenile by
                considering the following factors:
                        (I)  age;
                        (II)  mental capacity;
                        (III)  maturity;
                        (IV)  the degree of criminal sophistication
                    exhibited by the child;
                        (V)  previous records, if any;
                        (VI)  the nature and extent of any prior
                    delinquent history, including the success or
                    failure of any previous attempts by the juvenile
                    court to rehabilitate the child;
                        (VII)  whether the child can be rehabilitated
                    prior to the expiration of the juvenile court
                    jurisdiction;
                        (VIII)  probation or institutional reports,
                    if any;
                        (IX)  any other relevant factors; and
                (iv)  that there are reasonable grounds to believe
            that the child is not committable to an institution for
            the mentally retarded or mentally ill.
        (b)  Chapter inapplicable following transfer.--The transfer
     terminates the applicability of this chapter over the child with
     respect to the delinquent acts alleged in the petition.
        (c)  Transfer at request of child.--The child may request
     that the case be transferred for prosecution in which event the
     court may order this chapter not applicable.
        (d)  Effect of transfer from criminal proceedings.--No
     hearing shall be conducted where this chapter becomes applicable
     because of a previous determination by the court in a criminal
     proceeding.
        (e)  Murder and other excluded acts.--Where the petition
     alleges conduct which if proven would constitute murder, or any
     of the offenses excluded by paragraph (2)(ii) or (iii) of the
     definition of "delinquent act" in section 6302 (relating to
     definitions), the court shall require the offense to be
     prosecuted under the criminal law and procedures, except where
     the case has been transferred pursuant to section 6322 (relating
     to transfer from criminal proceedings) from the division or a
     judge of the court assigned to conduct criminal proceedings.
        (f)  Transfer action interlocutory.--The decision of the
     court to transfer or not to transfer the case shall be
     interlocutory.
        (g)  Burden of proof.--The burden of establishing by a
     preponderance of evidence that the public interest is served by
     the transfer of the case to criminal court and that a child is
     not amenable to treatment, supervision or rehabilitation as a
     juvenile shall rest with the Commonwealth unless the following
     apply:
            (1) (i)  a deadly weapon as defined in 18 Pa.C.S. § 2301
            (relating to definitions) was used and the child was 14
            years of age at the time of the offense; or
                (ii)  the child was 15 years of age or older at the
            time of the offense and was previously adjudicated
            delinquent of a crime that would be considered a felony
            if committed by an adult; and
            (2)  there is a prima facie case that the child committed
        a delinquent act which, if committed by an adult, would be
        classified as rape, involuntary deviate sexual intercourse,
        aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or
        (2) (relating to aggravated assault), robbery as defined in
        18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
        robbery), robbery of motor vehicle, aggravated indecent
        assault, kidnapping, voluntary manslaughter, an attempt,
        conspiracy or solicitation to commit any of these crimes or
        an attempt to commit murder as specified in paragraph (2)(ii)
        of the definition of "delinquent act" in section 6302.
     If either of the preceding criteria are met, the burden of
     establishing by a preponderance of the evidence that retaining
     the case under this chapter serves the public interest and that
     the child is amenable to treatment, supervision or
     rehabilitation as a juvenile shall rest with the child.
     (Apr. 28, 1978, P.L.202, No.53, eff 60 days; Feb. 29, 1980,
     P.L.36, No.12, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess.,
     P.L.1127, No.33, eff. 120 days)

        1995 Amendment.  Act 33, 1st Sp.Sess., amended subsecs.
     (a)(4) and (e) and added subsec. (g). Section 8 of Act 33, 1st
     Sp.Sess., provided that Act 33 shall apply to all delinquent
     acts committed on or after the effective date of Act 33.
        1980 Amendment.  Act 12 amended subsec. (a).
        Cross References.  Section 6355 is referred to in sections
     6308, 6322, 6339 of this title.
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Last modified: November 27, 2007