2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 71 - CRIME VICTIMS ACT - RIGHTS

Session of 2022

No. 2022-71

HB 2039

AN ACT

Amending the act of November 24, 1998 (P.L.882, No.111), entitled "An act providing for victims' rights; imposing penalties; establishing remedies; establishing the Office of Victim Advocate, the Bureau of Victims' Services, the Victims' Services Advisory Committee, the State Offender Supervision Fund and other funds; and making repeals," in crime victims, further providing for rights.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  Section 201(2)(iii) and (2.1) of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, are amended to read:

Section 201.  Rights.

Victims of crime have the following rights:

* * *

(2)  To be notified of certain significant actions and proceedings within the criminal and juvenile justice systems pertaining to their case. This paragraph includes all of the following:

* * *

(iii)  Access to information regarding the grant or denial of bail to an adult. The following apply:

(A)  The arresting officer shall provide the name and contact information of the victim to the magisterial district court or the Philadelphia Municipal Court conducting the preliminary arraignment so that the victim may receive notice of any proceedings to modify bail conditions and exercise the opportunity to appear in accordance with paragraph (2.1)(iii).

(B)  The contact information of the victim shall be transmitted by the magisterial district court or the Philadelphia Municipal Court with the transcript of the proceedings to the court of common pleas at the conclusion of the preliminary hearing so that the clerk of courts may notify the victim of any proceedings to modify bail and the victim may exercise the opportunity to appear in accordance with paragraph (2.1)(iii).

(C)  Nothing in this subparagraph shall preclude the prosecutor from excusing the presence of the victim to proceed by colloquy or offer of proof in accordance with paragraph (2.1)(iii).

* * *

(2.1)  To not be excluded from any criminal proceeding unless the court, based on the record before it, determines that testimony by the victim would be materially altered if the victim heard other testimony at the proceeding. The following apply:

(i)  Before making a determination, the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim.

(ii)  The reason for any exclusion shall be clearly stated on the record.

(iii)  The right not to be excluded under this paragraph shall afford the victim the right to offer comment regarding a defendant's bail conditions at the time that bail conditions are imposed or at any subsequent proceeding where bail conditions may be modified. The following apply:

(A)  Nothing in this subparagraph shall be construed to preclude the prosecutor or arresting officer from presenting an offer of proof or colloquy in lieu of testimony by the victim.

(B)  This subparagraph applies to the following offenses:

(I)  A personal injury crime.

(II)  A crime of violence, as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).

(III)  An offense under 18 Pa.C.S. § 6312 (relating to sexual abuse of children).

(IV)  An offense under 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

* * *

Section 2.  This act shall take effect in 180 days.

APPROVED--The 11th day of July, A.D. 2022.

TOM WOLF