42 Pa. Cons. Stat. § 6322

Transfer from criminal proceedings.

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§ 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, 6327, 6355 of this title.

Notes of Decisions

Cited in 55 cases (13 in the last 5 years), 1981–2026 · leading case: Commonwealth v. Batts

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Commonwealth v. Batts (2013) pa · cites it 4× “2d 116, 123-24 (1980) (plurality), superseded by statute on other grounds, 42 Pa.C.S. § 6322; Commonwealth v. Carter, 855 A.”

Commonwealth v. Kocher (1992) pa · cites it 12× “The issue before us is whether the Court of Common Pleas abused its discretion in denying the petition of a nine-year old accused of murder to transfer his case to the juvenile court pursuant to Section 6322(a) of the Juvenile Act, 42 Pa.C.S. § 6322. The facts of this case…”

Commonwealth v. Shull (2016) pasuperct “He also claims , that he established by a preponderance of the evidence that his transfer to juvenile court would serve the public interest pursuant to 42 Pa.C.S. § 6322. “Decisions of whether to grant decertifi-cation will not be overturned absent a gross abuse of discretion.”

Commonwealth v. White (2006) pa · cites it 2× “Citing 42 Pa.C.S. §§ 6322, 6355(e), Judge Joyce noted: Contrary to the trial court's belief that "this system is not equipped to deal with this case" the legislature has already made a determination as to how this type of case is to be handled.”

Com. v. Green, D. (2021) pasuperct · cites it 3× “42 Pa. C.S. § 6322(a). If the court finds that the juvenile has met his 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.”

Commonwealth v. Ruffin (2010) pasuperct · cites it 2× “§ 6322(a) and § 6355(e), when a juvenile has been charged with a crime listed under paragraph (2)(ii) or (iii) of the definition of “delinquent act” in 42 Pa.Cons.Stat.Ann. § 6302, the criminal division of the Court of Common Pleas is vested with jurisdiction.”

Commonwealth v. Johnson (1995) pa · cites it 2× “Johnson filed a petition under 42 Pa.C.S. § 6322, 7 requesting that his case be transferred to the juvenile division.”

Commonwealth v. Bursick (1990) pa · cites it 2× “This provision brings within *15 the scope of the Act certain criminal charges transferred to juvenile court under 42 Pa.C.S. § 6322, which at the time of the conviction in 1982 provided: (a) General rule.”

Commonwealth v. Iafrate (1991) pa · cites it 2× “We are motivated toward this end since the decision to subject an individual to juvenile or adult court affects not only the length of confinement, but other issues such as use of an adjudication in subsequent proceedings, disqualification for public employment and military…”

Matter of Huff (1991) pa · cites it 2× “42 Pa.Cons.Stat.Ann. § 6322 (Purdon Supp.”

Commonwealth v. Reed (1994) pasuperct · cites it 3× “He filed a petition pursuant to 42 Pa.C.S. § 6322(a) to have the homicide charge transferred to the juvenile division of the Court of Common Pleas.”

Commonwealth v. L.P. (2016) pasuperct “See 42 Pa.C.S. § 6322. . Dr. Rosen-testified he holds a'Ph.”

Show all 55 citing cases →

— 42 Pa. Cons. Stat. § 6322(a) — 27 cases

Commonwealth v. Kocher (1992) pa “The issue before us is whether the Court of Common Pleas abused its discretion in denying the petition of a nine-year old accused of murder to transfer his case to the juvenile court pursuant to Section 6322(a) of the Juvenile Act, 42 Pa.C.S. § 6322. The facts of this case…”

Commonwealth v. Batts (2013) pa “2d 116, 123-24 (1980) (plurality), superseded by statute on other grounds, 42 Pa.C.S. § 6322; Commonwealth v. Carter, 855 A.”

Commonwealth v. Ruffin (2010) pasuperct “§ 6322(a) and § 6355(e), when a juvenile has been charged with a crime listed under paragraph (2)(ii) or (iii) of the definition of “delinquent act” in 42 Pa.Cons.Stat.Ann. § 6302, the criminal division of the Court of Common Pleas is vested with jurisdiction.”

Commonwealth v. Reed (1994) pasuperct “He filed a petition pursuant to 42 Pa.C.S. § 6322(a) to have the homicide charge transferred to the juvenile division of the Court of Common Pleas.”

Commonwealth v. Cotto (2000) pa

— 42 Pa. Cons. Stat. § 6322(b) — 4 cases

Com. v. Green, D. (2021) pasuperct “42 Pa. C.S. § 6322(a). If the court finds that the juvenile has met his 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.”

Com. v. T, N. (2025) pasuperct

Com. v. C.O. (2025) pasuperct

Com. v. Cado-Suero, A. (2026) pasuperct

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