PRINTER'S NO. 745
No. 699 Session of 2007
INTRODUCED BY GREENLEAF, COSTA, RAFFERTY, EARLL, FOLMER,
RHOADES, KITCHEN, REGOLA, WASHINGTON AND WAUGH,
MARCH 26, 2007
REFERRED TO JUDICIARY, MARCH 26, 2007
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing, in
3 child victims and witnesses, for admissibility of certain
4 statements.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5985.1(a.1) of Title 42 of the
8 Pennsylvania Consolidated Statutes is amended and the section is
9 amended by adding a subsection to read:
10 § 5985.1. Admissibility of certain statements.
11 * * *
12 (a.1) Emotional distress.--In order to make a finding under
13 subsection (a)(2)(ii) that the child is unavailable as a witness
14 due to serious emotional distress, the court must determine,
15 based on evidence presented to it, that testimony by the child
16 as a witness will result in the child suffering serious
17 emotional distress that would substantially impair the child's
18 ability to reasonably communicate. In making this determination,
1 the court may do all of the following:
2 (1) Observe and question the child, either inside or
3 outside the courtroom.
4 (2) Hear testimony of a parent or custodian or any other
5 person, such as a person who has dealt with the child in a
6 medical or therapeutic setting.
7 * * *
8 (c) Witness unavailability.--In addition to subsection
9 (a.1), unavailability of a witness under subsection (a)(2)(ii)
10 shall include the situations identified under Rule 804(a) of the
11 Pennsylvania Rules of Evidence.
12 Section 2. This act shall take effect immediately.
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