§ 9799.52. Proof of racial discrimination.
(a) Finding.--
(1) A finding that race was the basis of the decision to
seek or impose a death sentence may be established if the
court finds race was a significant factor in decisions to
seek or impose the sentence of death in the county, the
prosecutorial district or this Commonwealth at the time the
death sentence was sought or imposed.
(2) The court shall find that a significant factor
exists if any of the following applies:
(i) Death sentences were sought or imposed
significantly more frequently upon persons of one race
than upon persons of another race.
(ii) Death sentences were sought or imposed
significantly more frequently as punishment for capital
offenses against persons of one race than as punishment
for capital offenses against persons of another race.
(iii) Race was a significant factor in decisions to
exercise peremptory challenges during jury selection.
(b) Evidence.--
(1) Evidence relevant to establish a finding that race
was a significant factor in the decision to seek or impose
the sentence of death in this Commonwealth at the time the
death sentence was sought or imposed may include statistical
evidence or other evidence, including, but not limited to,
sworn testimony of attorneys, prosecutors, law enforcement
officers, jurors or other members of the criminal justice
system or both.
(2) A juror's testimony under this subsection shall be
consistent with Rule 606(b) of the Pennsylvania Rules of
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