6355 - Transfer to criminal proceedings.

     § 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.