2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 63 - Juvenile Matters
6308 - Law enforcement records.

     § 6308.  Law enforcement records.
        (a)  General rule.--Law enforcement records and files
     concerning a child shall be kept separate from the records and
     files of arrests of adults. Unless a charge of delinquency is
     transferred for criminal prosecution under section 6355
     (relating to transfer to criminal proceedings), the interest of
     national security requires, or the court otherwise orders in the
     interest of the child, the records and files shall not be open
     to public inspection or their contents disclosed to the public
     except as provided in subsection (b); but inspection of the
     records and files is permitted by:
            (1)  The court having the child before it in any
        proceeding.
            (2)  Counsel for a party to the proceeding.
            (3)  The officers of institutions or agencies to whom the
        child is committed.
            (4)  Law enforcement officers of other jurisdictions when
        necessary for the discharge of their official duties.
            (5)  A court in which the child is convicted of a
        criminal offense for the purpose of a presentence report or
        other dispositional proceeding, or by officials of penal
        institutions and other penal facilities to which he is
        committed, or by a parole board in considering his parole or
        discharge or in exercising supervision over him.
        (b)  Public availability.--
            (1)  The contents of law enforcement records and files
        concerning a child shall not be disclosed to the public
        unless any of the following apply:
                (i)  The child has been adjudicated delinquent by a
            court as a result of an act or acts committed:
                    (A)  when the child was 14 years of age or older
                and the conduct would be considered a felony if
                committed by an adult; or
                    (B)  when the child was 12 or 13 years of age and
                the 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 subparagraph.
                (ii)  A petition alleging delinquency has been filed
            alleging that the child has committed an act or acts
            subject to a hearing pursuant to section 6336(e)
            (relating to conduct of hearings) and the child
            previously has been adjudicated delinquent by a court as
            a result of an act or acts committed:
                    (A)  when the child was 14 years of age or older
                and the conduct would be considered a felony if
                committed by an adult; or
                    (B)  when the child was 12 or 13 years of age and
                the 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).
                        (IV)  Arson as defined in 18 Pa.C.S. §
                    3301(a)(1).
                        (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).
                        (IX)  Robbery of motor vehicle.
                        (X)  Attempt or conspiracy to commit any of
                    the offenses in this subparagraph.
            (2)  If the conduct of the child meets the requirements
        for disclosure as set forth in paragraph (1), then the law
        enforcement agency shall disclose the name, age and address
        of the child, the offenses charged and the disposition of the
        case.
        (c)  Fingerprints and photographs.--
            (1)  Law enforcement officers shall have the authority to
        take or cause to be taken the fingerprints or photographs, or
        both, of any child who is alleged to have committed an act
        designated as a misdemeanor or felony under the laws of this
        Commonwealth or of another state if the act occurred in that
        state or under Federal law. If a child is found to be a
        delinquent child pursuant to section 6341 (relating to
        adjudication) on the basis of an act designated as a
        misdemeanor or felony or the child's case is transferred for
        criminal prosecution pursuant to section 6355, the law
        enforcement agency that alleged the child to be a delinquent
        child shall take or cause to be taken the fingerprints and
        photographs of the child, if not previously taken pursuant to
        this case, and ensure that these records are forwarded to the
        central repository pursuant to section 6309(c) (relating to
        juvenile history record information). If a child was alleged
        to be delinquent by other than a law enforcement agency, the
        court shall direct the juvenile probation department to
        ensure that the delinquent child's fingerprints and
        photographs are taken by a law enforcement agency.
            (2)  Fingerprint and photographic records may be
        disseminated to law enforcement officers of other
        jurisdictions, the Pennsylvania State Police and the Federal
        Bureau of Investigation and may be used for investigative
        purposes.
            (3)  Fingerprints and photographic records of children
        shall be kept separately from adults and shall be immediately
        destroyed upon notice of the court as provided under section
        6341(a) (relating to adjudication) by all persons and
        agencies having these records if the child is not adjudicated
        delinquent or not found guilty in a criminal proceeding for
        reason of the alleged acts.
        (d)  Pennsylvania State Police registry.--
            (1)  The contents of law enforcement records and files
        concerning a child shall not be disclosed to the public
        except if the child is 14 years of age or older at the time
        of the alleged conduct and if any of the following apply:
                (i)  The child has been adjudicated delinquent by a
            court as a result of any offense enumerated in 18 Pa.C.S.
            § 6105 (relating to persons not to possess, use,
            manufacture, control, sell or transfer firearms).
                (ii)  A petition alleging delinquency has been filed
            by a law enforcement agency alleging that the child has
            committed any offense enumerated in 18 Pa.C.S. § 6105 and
            the child previously has been adjudicated delinquent by a
            court as a result of an act or acts which included the
            elements of one of such crimes.
                (iii)  (Deleted by amendment).
            (2)  (Repealed).
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Feb. 29, 1980,
     P.L.36, No.12, eff. 60 days; June 26, 1981, P.L.123, No.41, eff.
     60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Dec. 22,
     1989, P.L.727, No.99, eff. imd.; Mar. 15, 1995, 1st Sp.Sess.,
     P.L.972, No.6, eff. 60 days; June 13, 1995, 1st Sp.Sess.,
     P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66,
     eff. imd.; May 22, 1996, P.L.300, No.46, eff. imd.; Jan. 27,
     1998, P.L.20, No.3, eff. 60 days; Nov. 29, 2004, P.L.1364,
     No.176, eff. imd.; July 7, 2006, P.L.378, No.81, eff. 7 days)

        2006 Amendment.  Act 81 amended subsec. (b). Section 5 of Act
     81 provided that Act 81 shall apply to all actions instituted on
     or after the effective date of Act 81.
        1998 Amendment.  Act 3 amended subsec. (c)(1).
        1996 Amendment.  Act 46 deleted subsec. (d)(1)(iii).
        1995 Repeal.  Act 66 repealed subsec. (d)(1)(i) and (ii) in
     part and repealed subsec. (d)(2). The repealed provisions have
     been deleted from the text.
        1995 Amendments.  Act 6, 1st Sp.Sess., amended the entire
     section and Act 17, 1st Sp.Sess., added subsec. (d). See the
     preamble to Act 17 in the appendix to this title for special
     provisions relating to legislative purpose.
        Cross References.  Section 6308 is referred to in sections
     6307, 6309 of this title; section 6111.1 of Title 18 (Crimes and
     Offenses).