Section 337. Filing of Petition after Case has been Transferred from Criminal Proceedings

A. Commencement of proceedings. Pursuant to Rule 200(4), the transfer of a case from a criminal proceeding pursuant to Pa.R.Crim.P. 597 and 42 Pa.C.S. § 6322 commences juvenile court action.

B. Filing of the petition. When a juvenile is transferred from a criminal proceeding:

1) a new petition shall be filed immediately; or

2) the criminal complaint shall be converted into a petition immediately pursuant to paragraph (C).

C. Conversion of criminal complaint. The criminal complaint shall be converted into a petition when supplemented with the following information and filed with the clerk of courts pursuant to Rule 330(B):

1) the juvenile’s date of birth;

2) the names and ages of any conspirators, if known;

3) the name and address of the juvenile’s guardian, or if unknown, the name and address of the nearest adult relative;

4) whether the case is eligible pursuant to 42 Pa.C.S. § 6307(b)(1)(i) for limited public information; and

5) the transfer order, including, a statement which provides:

a) it is in the best interest of the juvenile and the public that the proceedings be brought in juvenile court; and

b) the juvenile is amenable to treatment, supervision, or rehabilitation as a juvenile.

Comment

When a judge orders the transfer of a juvenile from a criminal proceeding to a juvenile proceeding, the transfer order commences the juvenile delinquency proceeding. See Rule 200(4).

When a juvenile is transferred from a criminal proceeding to a juvenile proceeding, a new petition may be filed but is not necessary if the criminal complaint is converted into a petition when supplemented with the information as provided in paragraph (C). The petition is to be filed with the clerk of courts and the case is to proceed as any other juvenile case following the Rules of Juvenile Court Procedure.

If the juvenile is detained, an adjudicatory hearing is to be held within ten days of the filing of the petition. See also Rule 404.

Official Note

Rule 337 adopted July 31, 2012, effective November 1, 2012.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 337 published with the Court’s Order at 42 Pa.B. 5350 (August 18, 2012).

The provisions of this Rule 337 adopted July 31, 2012, effective November 1, 2012, 42 Pa.B. 5350.