All Roll Calls
Yes: 195 • No: 71
Sponsored By: Mamie E. Locke (Democratic)
Became Law
Children; adjudication of delinquency. Specifies that "delinquent child" means a child 11 years of age or older who has committed a delinquent act. Currently, there is no minimum age for a child to be adjudicated delinquent. The bill provides that if a child younger than 11 years of age is found to have committed an act that would be delinquent if committed by a child 11 years of age or older, the child shall not be proceeded upon as delinquent and the court shall (i) dismiss any petition alleging such child has committed an act that would be delinquent if committed by a child 11 years of age or older and (ii) order that the court records pertaining to such petition be expunged pursuant to relevant law. The bill allows the attorney for the Commonwealth to file a petition alleging that such child is in need of services and if such child is found to be in need of services, the court may make any orders of disposition authorized under relevant law. The bill also provides that any funding that is available to provide services to a child 11 years of age or older who is proceeded upon as delinquent shall also be made available to a child younger than 11 years of age who is found to have committed an act that would be delinquent if committed by a child 11 years of age or older in order to provide such child with the same services. The bill includes in the definition of "child in need of services" a child younger than 11 years of age who has committed an act that would be delinquent if committed by a child 11 years of age or older.The bill adds that a child may be taken into immediate custody when such child is alleged to be in need of services or supervision and there is a clear and substantial danger to the safety of the child's family or the safety of the public. Currently, a child may be taken into immediate custody when such child is alleged to be in need of services or supervision and there is a clear and substantial danger to the child's life or health. Finally, the bill includes in the offense of causing or encouraging acts rendering children delinquent, abused, etc., any person 18 years of age or older, including the parent of any child, who willfully contributes to, encourages, or causes any act, omission, or condition that (a) causes a child younger than 11 years of age to commit an act that would be delinquent if committed by a child 11 years of age or older or (b) causes any child to participate in or become a member of a criminal street gang in violation of existing law. Under the bill, any person who commits such offense is guilty of a Class 1 misdemeanor.
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10 provisions identified: 3 benefits, 1 costs, 6 mixed.
The law narrows when a youth can be sent to the Department of Juvenile Justice. A child must be at least 11 with certain listed offenses, or at least 14 for an offense that would be a felony for an adult. A Class 1 misdemeanor can lead to commitment only with a qualifying prior record, and prior misdemeanors must be from different incidents. A prosecutor and the child’s attorney can agree to a waiver that allows commitment.
Children younger than 11 are not prosecuted as delinquent. The court must dismiss those cases and clear the record. The Commonwealth may seek a services case instead, and the court can order help through that process. Funding for services available to older delinquent youths must also be available to these younger children.
It is a Class 1 misdemeanor for an adult to willfully cause, encourage, or contribute to a child becoming delinquent, in need of services or supervision, abused, neglected, or to join a gang. This includes causing a child younger than 11 to commit a delinquent act. The section also criminalizes certain sexual acts with a child age 15 or older who is not the adult’s spouse, child, or grandchild. Penalties can include jail and fines.
The law defines when a child is abused or neglected, including nonaccidental injury, lack of needed care, abandonment, sexual exploitation, absence or incapacity of a caregiver, risk from a Tier III offender, or child trafficking. It says normal, age‑appropriate independence, like biking to school or brief time at home, is not neglect unless supervision is grossly unsafe. A parent has a legal defense in civil and some criminal cases if they safely deliver a newborn within 30 days to a 24‑hour hospital, an attended EMS agency, or a newborn safety device at such a facility. The safe‑delivery must be done to protect the baby’s safety.
For youth age 11 or older found delinquent, courts can keep the child at home with conditions, require parents to take part, defer disposition, or place the child on probation. Courts can fine up to $500, order restitution and community service, and change custody to a qualified relative when needed. Judges may order alcohol or drug treatment in a state‑licensed program if screening shows a need, the child has no violent juvenile felony adjudication, and a program is available. The court reviews treatment at least every 30 days.
If a child age 11 or older is found delinquent of certain listed offenses, the court must order at least partial repayment for property damage, loss, or medical bills. The court must also require community service under set conditions. If a gang‑prevention program is available, the child must take part. These orders create time and payment duties but aim to reduce future offenses.
The law sets clear rules for immediate custody of a child. Officers or courts may take custody only with a detention order or warrant, when there is clear and substantial danger, to ensure a court appearance, after an arrest to protect the public, or on probable cause of a felony-level offense. Custody is also allowed for escape or running away from juvenile justice or placements, when a child is without adult supervision and in clear danger, or when inpatient mental health care is needed. These limits protect families from unwarranted removals while allowing action in serious cases.
For the Fostering Futures program, a person under 21 counts as a “child” if they meet the program’s rules. This lets some 18‑ to 20‑year‑olds enroll or stay in the program. It can help former foster youth keep support and services.
Courts can suspend a youth’s driver’s license, set a driving curfew, and require surrender of the license during curfew. The DMV must refuse to issue a license during the court‑ordered period. Courts may grant a restricted permit for hardship or travel to and from school. This can affect family travel and work plans.
A child is in need of services only if the behavior clearly and seriously threatens life or health, needed help is not being received, and court action is essential. For truancy, the child must be under compulsory attendance, offered adequate school services, and the school must document reasonable efforts. For running away or desertion, there must be clear danger and unmet service needs that require court action. These gates can protect families from premature court cases while allowing help when needed.
Mamie E. Locke
Democratic • Senate
There are no cosponsors for this bill.
All Roll Calls
Yes: 195 • No: 71
Senate vote • 3/6/2026
House Amendments agreed to by Senate
Yes: 23 • No: 17
House vote • 3/4/2026
Passed House with amendments
Yes: 65 • No: 34
House vote • 3/2/2026
Reported from Courts of Justice with amendment(s)
Yes: 16 • No: 6
House vote • 2/18/2026
Subcommittee recommends reporting with amendment(s)
Yes: 8 • No: 2
Senate vote • 1/22/2026
Read third time and passed Senate
Yes: 29 • No: 11
Senate vote • 1/21/2026
Engrossed by Senate as amended (Voice Vote)
Yes: 0 • No: 0
Senate vote • 1/21/2026
Courts of Justice Amendment agreed to
Yes: 0 • No: 0
Senate vote • 1/20/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 1/20/2026
Constitutional reading dispensed Block Vote (on 1st reading)
Yes: 40 • No: 0
Senate vote • 1/19/2026
Reported from Courts of Justice with amendment
Yes: 14 • No: 1
Acts of Assembly Chapter text (CHAP0873)
Approved by Governor-Chapter 873 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 14, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB18)
Bill text as passed Senate and House (SB18ER)
Enrolled
Signed by President
Signed by Speaker
House Amendments agreed to by Senate (23-Y 17-N 0-A)
Passed House with amendments (65-Y 34-N 0-A)
Engrossed by House as amended
committee amendments agreed to
Read third time
Read second time
Reported from Courts of Justice with amendment(s) (16-Y 6-N)
Subcommittee recommends reporting with amendment(s) (8-Y 2-N)
Assigned HCJ sub: Criminal
Referred to Committee for Courts of Justice
Read first time
Placed on Calendar
Fiscal Impact Statement from Department of Planning and Budget (SB18)
Read third time and passed Senate (29-Y 11-N 0-A)
Engrossed by Senate as amended (Voice Vote)
Courts of Justice Amendment agreed to
Chaptered
4/13/2026
Enrolled
3/12/2026
Amendment
3/4/2026
Amendment
3/2/2026
Amendment
2/18/2026
Engrossed
1/21/2026
Amendment
1/20/2026
Introduced
11/17/2025
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