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2016 SESSION

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HB 1213 Minors; certain education records as evidence.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Minors; education records; evidence. Provides that in any proceeding where a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult on school property, property solely being used for a school-related or school-sponsored activity, or a school bus, the juvenile may introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the delinquent act that relates to certain educational plans or behavioral assessments. The bill provides that such documents shall be admitted as evidence of the facts stated therein, provided that the minor gives notice of his intent to introduce such evidence and copies of such evidence to the attorney for the Commonwealth at least 10 days before trial. The bill allows such reports or documents to be placed under seal by the court. This bill incorporates HB 1200.

SUMMARY AS PASSED HOUSE:

Minors; education records; evidence. Provides that in any proceeding where a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult on school property, property solely being used for a school-related or school-sponsored activity, or a school bus, the juvenile may introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the delinquent act that relates to certain educational plans or behavioral assessments. The bill provides that such documents shall be admitted as evidence of the facts stated therein, provided that the minor gives notice of his intent to introduce such evidence and copies of such evidence to the attorney for the Commonwealth at least 14 days before trial. The bill allows such reports or documents to be placed under seal by the court. This bill incorporates HB 1200.

SUMMARY AS INTRODUCED:

Disorderly conduct at schools; minors; evidence. Provides that when a minor is prosecuted for willfully disrupting the operation of any school or school-sponsored actions, the minor may present as evidence relevant to whether he acted willfully reports from health care providers or documents that are part of certain educational plans or behavioral assessments. The bill provides that such reports or documents shall be admitted as evidence of the facts stated therein, provided that the minor gives notice of his intent to introduce such evidence and copies of such evidence to the attorney for the Commonwealth at least 10 days before trial. The bill allows such reports or documents to be placed under seal by the court.