2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9738 - Victim impact statements.

     § 9738.  Victim impact statements.
        (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 have the same meaning as in section 479.1 of the act of
     April 9, 1929 (P.L.177, No.175), known as The Administrative
     Code of 1929.
     (June 25, 1997, P.L.293, No.28, eff. imd.)

        1997 Amendment.  Act 28 added section 9738.
        References in Text.  Section 479.1 of the act of April 9,
     1929 (P.L.177, No.175), known as The Administrative Code of
     1929, referred to in subsec. (b), was repealed by the act of
     November 24, 1998 (P.L.882, No.111), known as the Crime Victims
     Act. The subject matter is now contained in Act 111.

Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.