2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 52 - JUDICIAL CODE (42 PA.C.S.) - EXPERT TESTIMONY IN CERTAIN CRIMINAL PROCEEDINGS
Session of 2021
No. 2021-52
SB 81
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in depositions and witnesses, further providing for expert testimony in certain criminal proceedings.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 5920(a) and (b)(1) of Title 42 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a subsection to read:
§ 5920. Expert testimony in certain criminal proceedings.
(a) Scope.--This section applies to all of the following:
(1) A criminal proceeding for [an offense for which registration is required] any crime listed under [Subchapter H] Subchapter H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders) of Chapter 97 [(relating to registration of sexual offenders)].
(2) A criminal proceeding for an offense [under 18 Pa.C.S. Ch. 31 (relating to sexual offenses).], including attempt, solicitation or conspiracy, under any of the following provisions of 18 Pa.C.S. (relating to crimes and offenses):
(i) Chapter 30 (relating to human trafficking), if the offense involved sexual servitude.
(ii) Chapter 31 (relating to sexual offenses).
(iii) Section 4302 (relating to incest).
(iv) Section 4304 (relating to endangering welfare of children), if the offense involved sexual contact with the victim.
(v) Section 5902(b) or (b.1) (relating to prostitution and related offenses).
(vi) Section 6301(a)(1)(i) (relating to corruption of minors), if the offense involved sexual contact with the victim.
(vii) Section 6301(a)(1)(ii).
(viii) Section 6312 (relating to sexual abuse of children).
(ix) Section 6318 (relating to unlawful contact with minor).
(x) Section 6320 (relating to sexual exploitation of children).
(3) A criminal proceeding for a domestic violence offense.
(b) Qualifications and use of experts.--
(1) In a criminal proceeding subject to this section, a witness may be qualified by the court as an expert if the witness has specialized knowledge beyond that possessed by the average layperson based on the witness's experience with, or specialized training or education in, criminal justice, behavioral sciences or victim services issues, related to sexual violence or domestic violence, that will assist the trier of fact in understanding the dynamics of sexual violence or domestic violence, victim responses to sexual violence or domestic violence and the impact of sexual violence or domestic violence on victims during and after being assaulted.
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(c) Definitions.--As used in this section, the term "domestic violence" means an offense under 18 Pa.C.S. § 2701 (relating to simple assault), 2702 (relating to aggravated assault), 2709.1 (relating to stalking) or 2718 (relating to strangulation) perpetrated against a family or household member, as that term is defined in 23 Pa.C.S. § 6102 (relating to definitions).
Section 2. This act shall take effect in 60 days.
APPROVED--The 30th day of June, A.D. 2021.
TOM WOLF
