Pennsylvania Act 2000-84 — JUDICIARY CODE (42 PA.C.S.) - AMEND

Act text

JUDICIARY CODE (42 PA.C.S.) - AMEND
                  Act of Oct. 18, 2000, P.L. 615, No. 84              Cl. 42
                             Session of 2000
                               No. 2000-84

     SB 1299

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for the
        admissibility of certain statements.

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

        Section 1.  Section 5985.1(a) and (a.2) of Title 42 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 5985.1.  Admissibility of certain statements.
        (a)  General rule.--An out-of-court statement made by a child
     victim or witness, who at the time the statement was made was 12
     years of age or younger, describing physical abuse, indecent
     contact or any of the offenses enumerated in 18 Pa.C.S. Ch. 31
     (relating to sexual offenses) performed with or on the child by
     another, not otherwise admissible by statute or rule of
     evidence, is admissible in evidence in any criminal or civil
     proceeding if:
            (1)  the court finds, in an in camera hearing, that the
        evidence is relevant and that the time, content and
        circumstances of the statement provide sufficient indicia of
        reliability; and
            (2)  the child either:
                (i)  testifies at the proceeding; or
                (ii)  is unavailable as a witness.
        * * *
        (a.2)  Counsel and confrontation.--If the court hears
     testimony in connection with making a finding under subsection
     (a)(2)(ii), all of the following apply:
            (1)  Except as provided in paragraph (2), the defendant,
        the attorney for the defendant and the attorney for the
        Commonwealth or, in the case of a civil proceeding, the
        attorney for the plaintiff [have] has the right to be
        present.
            (2)  If the court observes or questions the child, the
        court shall not permit the defendant to be present.
        * * *
        Section 2.  This act shall take effect immediately.

     APPROVED--The 18th day of October, A. D. 2000.

     THOMAS J. RIDGE