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.