Pennsylvania § 9738 Victim impact statements

Pennsylvania Statutes

§ 9738 — Victim impact statements

Pennsylvania § 9738

JurisdictionPennsylvania

Title 42JUDICIARY AND JUDICIAL PROCEDURE

PartPART VIII

Ch. 97SENTENCING

Subch.INFORMATIONAL BASIS OF SENTENCE

This text of Pennsylvania § 9738 (Victim impact statements) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 Pa. Cons. Stat. § 9738 (2026).

Text

(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

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(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).

Legislative History

(June 25, 1997, P.L.293, No.28, eff. imd.; July 2, 2014, P.L.945, No.105, eff. 60 days; Oct. 24, 2018, P.L.891, No.145, eff. imd.) 2018 Amendment.Act 145 amended subsec. (b). 1997 Amendment.Act 28 added section 9738.