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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=11073
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 16, 2013 02:14 PM
From: Representative Marguerite Quinn
To: All House members
Subject: LEGISLATION PREVENTING THE DISCLOSURE OF THE NAMES OF MINOR VICTIMS OF SEXUAL OR PHYSICAL ABUSE
 
I am introducing legislation to amend the Judicial Code to provide that the names of child victims of sexual or physical abuse not be disclosed to the public by the court.

Currently, under the Judicial Code, unless the court otherwise orders the names to be released, the names of child victims cannot be disclosed by court officers to the public. Further, unless the court so orders, public records cannot reveal the name of child victims. Hence, it is up to the trial court to decide whether the name of child victims can be made public.

The need for the legislation I will sponsor is illustrated by the case of the judge who presided over the Sandusky trial. According to the www.post-gazett.com article the trial judge denied a pre-trial request from several victims asking that their real names not be used. The victims asked to testify via pseudonym. The trial judge denied the motion. The Sandusky trial transcripts were released to the public and posted on the court’s website with the full names of the victims, as read in court.

My legislation would amend 42 PaCS Subchapter D, Child Victims and Witnesses, by providing that the court may not disclose the name of child victims of physical and sexual abuse when the victim was under the age of 18 at the time of the offense. Further, any records revealing the name of the victim shall not be open to public inspection. In addition, the legislation allows a child victim who is at least 18 years of age to waive the provisions of non-disclosure and allow the court to release the person’s name.

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Introduced as HB342