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§ 9738. Victim impact statements

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: October 24, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VIII. Criminal Proceedings
Chapter 97. Sentencing (Refs & Annos)
Subchapter D. Informational Basis of Sentence
Effective: October 24, 2018
42 Pa.C.S.A. § 9738
§ 9738. Victim impact statements
Currentness
(a) General rule.--Notwithstanding any other statute, rule or provision of law to the contrary, in the trial of a defendant accused of an offense, including an offense subject to sentence under section 9711 (relating to sentencing procedure for murder of the first degree), a court shall not order the exclusion of any victim of the offense from the trial on the basis that the victim may, during the sentencing phase of the proceedings:
(1) make a victim impact statement or present any victim impact information in relation to the sentence to be imposed on the defendant; or
(2) testify as to the effect of the offense on the victim or the family of the victim.
(b) Definition.--As used in this section, the term “victim” shall mean a “victim” as defined in:
(1) 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property); or
(2) 18 Pa.C.S. § 3001 (relating to definitions).

Credits

1997, June 25, P.L. 293, No. 28, § 2, imd. effective. Amended 2014, July 2, P.L. 945, No. 105, § 8, effective in 60 days [Sept. 2, 2014]; 2018, Oct. 24, P.L. 891, No. 145, § 2, imd. effective.
42 Pa.C.S.A. § 9738, PA ST 42 Pa.C.S.A. § 9738
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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