§ 9738. Victim impact statements.

289 words·~1 min read·/pa/title-42/chapter-97/9738

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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).

42c9738v

(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.

42c9751h

SUBCHAPTER E

IMPOSITION OF SENTENCE

Sec.

9751. Sentencing judge.

9752. Sentencing proceeding generally.

9753. Determination of guilt without further penalty.

9754. Order of probation.

9755. Sentence of partial confinement.

9755.1. Temporary release from county correctional institution.

9756. Sentence of total confinement.

9757. Consecutive sentences of total confinement for multiple offenses.

9758. Fine.

9759. Record.

9760. Credit for time served.

9761. Computation and order of service of sentences.

9762. Sentencing proceeding; place of confinement.

9763. Conditions of probation.

9764. Information required upon commitment and subsequent disposition.

9765. Merger of sentences.

42c9751s