PRINTER'S NO.  1387

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1264

Session of

2011

  

  

INTRODUCED BY PARKER, HARPER, BISHOP, B. BOYLE, K. BOYLE, BRADFORD, BRENNAN, BRIGGS, R. BROWN, V. BROWN, BROWNLEE, CALTAGIRONE, CARROLL, CLYMER, D. COSTA, CREIGHTON, DAVIS, DAVIDSON, DePASQUALE, FLECK, FREEMAN, GINGRICH, GRELL, HARHART, HENNESSEY, HESS, HORNAMAN, JOSEPHS, KIRKLAND, KORTZ, KULA, LONGIETTI, MAHER, McGEEHAN, MICOZZIE, MIRABITO, MUNDY, MYERS, M. O'BRIEN, PAYTON, PICKETT, QUINN, REICHLEY, ROEBUCK, ROSS, SABATINA, SANTARSIERO, SHAPIRO, STURLA, VEREB, VULAKOVICH, WAGNER, WATSON, WHEATLEY, WILLIAMS AND YOUNGBLOOD, APRIL 1, 2011

  

  

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 1, 2011  

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, providing for expert

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testimony in certain criminal proceedings.

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The General Assembly finds and declares as follows:

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(1)  Research indicates that victims of sex crimes behave

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in many different ways, but because of the prevalence and

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persistence of myths and misunderstandings regarding sex

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crimes, jurors often perceive common victim behaviors as

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counterintuitive and mistakenly believe that they are

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compelling evidence of a victim's lack of credibility.

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(2)  One of the misconceptions of jurors is that a sexual

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assault victim would ordinarily be expected to make a prompt

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complaint to law enforcement authorities. As such, jurors

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often incorrectly draw an adverse inference against the

 


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credibility of a sexual assault victim.

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(3)  Jurors bring their biases into the jury room and the

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process of jury selection often fails to reveal jurors'

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mistaken beliefs about crimes of sexual violence and victim

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responses to sex crimes.

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(4)  To overcome these myths and misunderstandings

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related to victim behavior, many courts have recognized that

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expert testimony is necessary to provide jurors with the

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proper context in which to evaluate a victim's behaviors.

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(5)  Counselors, psychiatrists, psychologists, victim

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advocates, social workers and others who work with sexual

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assault victims possess specialized knowledge about common

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victim behaviors and victim responses to trauma and that

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expertise is beyond the experience and knowledge of the

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average juror.

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(6)  Without an accurate context in which to evaluate

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victim behaviors, it is common for jurors to fail to

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recognize a victim's behavior as a common response to trauma.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 42 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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§ 5920.  Expert testimony in certain criminal proceedings.

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(a)  Scope.--This section applies to all of the following:

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(1)  A criminal proceeding for an offense for which

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registration is required under section 9795.1 (relating to

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registration).

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(2)  A criminal proceeding for an offense under 18

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Pa.C.S. § 3122.1 (relating to statutory sexual assault).

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(b)  Rule.--In an action subject to this section, a witness

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may be qualified by the court as an expert if the witness has

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specialized knowledge beyond that possessed by the average

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layperson based on the witness' knowledge, skill, experience,

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training or education that will assist the trier of fact in

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understanding the dynamics of sexual violence, victim responses

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to sexual violence and the impact of sexual violence on victims

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during and after being assaulted. If qualified as an expert, the

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witness may testify to facts and opinions regarding specific

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types of victim response and victim behaviors. The witness'

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opinion regarding the credibility of any other witness,

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including the victim, shall not be admissible.

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Section 2.  The addition of 42 Pa.C.S. § 5920 shall apply to

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actions initiated on or after the effective date of this

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section.

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Section 3.  This act shall take effect in 60 days.

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