AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in depositions and
3witnesses, further providing for declaration of policy, for
4definitions and for victims of sexual or physical abuse.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Section 5981 of Title 42 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 5981.  Declaration of policy.

10In order to promote the best interests of the [children of
11this Commonwealth] residents of this Commonwealth who are under 
1218 years of age, especially those [children] who are material
13witnesses to or victims of crimes, the General Assembly declares
14its intent, in this subchapter, to provide [these children],
15where necessity is shown, procedures which will protect them
16during their involvement with the criminal justice system. The
17General Assembly urges the news media to use significant
18restraint and caution in revealing the identity or address of

1children who are victims of or witnesses to crimes or other
2information that would reveal the name or address of the child
3victim or witness.

4Section 2.  Section 5982 of Title 42 is amended by adding a
5definition to read:

6§ 5982.  Definitions.

7The following words and phrases when used in this subchapter
8shall have the meanings given to them in this section unless the
9context clearly indicates otherwise:

10* * *

11"Minor."  An individual who, at the time of the commission of
12the offense involving sexual or physical abuse, is under 18
13years of age.

14* * *

15Section 3.  Section 5988 of Title 42 is amended to read:

16§ 5988.  Victims of sexual or physical abuse.

17(a)  Release of name prohibited.--Notwithstanding any other
18provision of law to the contrary, in a prosecution involving [a
19child victim of sexual or physical abuse, unless the court
20otherwise orders, the name of the child victim shall not be
21disclosed by officers or employees of the court to the public,
22and any records revealing the name of the child victim will not
23be open to public inspection.] a minor victim of sexual or 
24physical abuse, the name of the minor victim shall not be 
25disclosed by officers or employees of the court to the public, 
26and any records revealing the name of the minor victim shall not 
27be open to public inspection.

28(a.1)  Application of section.--The provisions of this
29section shall apply to a prosecution involving a minor victim
30regardless of the date of the commencement of the prosecution.

1(a.2)  Waiver.--A minor victim who is 18 years of age or
2older at the time of the commencement of the prosecution may
3waive the provisions of this section and allow the court to
4release the name of the minor victim. The court shall develop
5procedures to implement the provisions of this subsection.

6(b)  Penalty.--Any person who violates this section commits a
7misdemeanor of the third degree.

8Section 4.  This act shall take effect in 60 days.