Pennsylvania § 9738 Victim impact statements

Pennsylvania Statutes

§ 9738 — Victim impact statements

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VIII·Ch. 97 SENTENCING·Subch. INFORMATIONAL BASIS OF SENTENCE

(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).

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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.