2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 63 - Juvenile Matters
6322 - Transfer from criminal proceedings.

     § 6322.  Transfer from criminal proceedings.
        (a)  General rule.--Except as provided in 75 Pa.C.S. § 6303
     (relating to rights and liabilities of minors) or in the event
     the child is charged with 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) or has been found
     guilty in a criminal proceeding, if it appears to the court in a
     criminal proceeding that the defendant is a child, this chapter
     shall immediately become applicable, and the court shall
     forthwith halt further criminal proceedings, and, where
     appropriate, transfer the case to the division or a judge of the
     court assigned to conduct juvenile hearings, together with a
     copy of the accusatory pleading and other papers, documents, and
     transcripts of testimony relating to the case. If it appears to
     the court in a criminal proceeding charging murder or any of the
     offenses excluded by paragraph (2)(ii) or (iii) of the
     definition of "delinquent act" in section 6302, that the
     defendant is a child, the case may similarly be transferred and
     the provisions of this chapter applied. In determining whether
     to transfer a case charging murder or any of the offenses
     excluded from the definition of "delinquent act" in section
     6302, the child shall be required to establish by a
     preponderance of the evidence that the transfer will serve the
     public interest. In determining whether the child has so
     established that the transfer will serve the public interest,
     the court shall consider the factors contained in section
     6355(a)(4)(iii) (relating to transfer to criminal proceedings).
        (b)  Order.--If the court finds that the child has met the
     burden under subsection (a), the court shall make findings of
     fact, including specific references to the evidence, and
     conclusions of law in support of the transfer order. If the
     court does not make its finding within 20 days of the hearing on
     the petition to transfer the case, the defendant's petition to
     transfer the case shall be denied by operation of law.
        (c)  Expedited review of transfer orders.--The transfer order
     shall be subject to the same expedited review applicable to
     orders granting or denying release or modifying the conditions
     of release prior to sentence, as provided in Rule 1762 of the
     Pennsylvania Rules of Appellate Procedure.
        (d)  Effect of transfer order.--Where review of the transfer
     order is not sought or where the transfer order is upheld the
     defendant shall be taken forthwith to the probation officer or
     to a place of detention designated by the court or released to
     the custody of his parent, guardian, custodian, or other person
     legally responsible for him, to be brought before the court at a
     time to be designated. The accusatory pleading may serve in lieu
     of a petition otherwise required by this chapter, unless the
     court directs the filing of a petition.
        (e)  Transfer of convicted criminal cases.--If in a criminal
     proceeding, the child is found guilty of a crime classified as a
     misdemeanor, and the child and the attorney for the Commonwealth
     agree to the transfer, the case may be transferred for
     disposition to the division or a judge of the court assigned to
     conduct juvenile hearings.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986,
     P.L.1521, No.165, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess.,
     P.L.1127, No.33, eff. 120 days)

        1995 Amendment.  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.
        Cross References.  Section 6322 is referred to in sections
     6303, 6321, 6355 of this title.