Regular Session 2021-2022 House Bill 2039 P.N. 3323

SENATE AMENDED

PRIOR PRINTER'S NOS. 2349, 2385

PRINTER'S NO. 3323

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2039

Session of

2021

INTRODUCED BY PENNYCUICK, MILLARD, RAPP, BERNSTINE, ECKER,

SCHLEGEL CULVER, MOUL, BROOKS, ROZZI, STEPHENS, GUENST, HELM,

KAUFFMAN, C. WILLIAMS, TOOHIL AND HENNESSEY, OCTOBER 29, 2021

SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS

AMENDED, JUNE 28, 2022

AN ACT

Amending the act of November 24, 1998 (P.L.882, No.111),

entitled "An act providing for victims' rights; imposing

penalties; establishing remedies; establishing the Office of

Victim Advocate, the Bureau of Victims' Services, the

Victims' Services Advisory Committee, the State Offender

Supervision Fund and other funds; and making repeals," in

crime victims, further providing for rights.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 201(2)(iii) and (2.1) of the act of

November 24, 1998 (P.L.882, No.111), known as the Crime Victims

Act, are amended to read:

Section 201. Rights.

Victims of crime have the following rights:

* * *

(2) To be notified of certain significant actions and

proceedings within the criminal and juvenile justice systems

pertaining to their case. This paragraph includes all of the

following:

* * *

(iii) Access to information regarding the grant or

denial of bail to an adult. The following apply:

(A) The arresting officer shall provide the name

and contact information of the victim to the

magisterial district court or the Philadelphia

Municipal Court conducting the preliminary

arraignment so that the victim may receive notice of

any proceedings to modify bail conditions and

exercise the opportunity to appear in accordance with

paragraph 2.1(iii).

(B) T he contact information of the victim shall

be transmitted by the magisterial district court or

the Philadelphia Municipal Court with the transcript

of the proceedings to the court of common pleas at

the conclusion of the preliminary hearing so that the

clerk of courts may notify the victim of any

proceedings to modify bail and the victim may

exercise the opportunity to appear in accordance with

paragraph 2.1(iii).

the prosecutor from excusing the presence of the

victim to proceed by colloquy or offer of proof in

accordance with paragraph 2.1(iii).

* * *

(2.1) To not be excluded from any criminal proceeding

unless the court, based on the record before it, determines

that testimony by the victim would be materially altered if

the victim heard other testimony at the proceeding. The

following apply:

20210HB2039PN3323 - 2 -

(i) Before making a determination, the court shall

make every effort to permit the fullest attendance

possible by the victim and shall consider reasonable

alternatives to the exclusion of the victim.

(ii) The reason for any exclusion shall be clearly

stated on the record.

(iii) The right not to be excluded under this

paragraph shall afford the victim the right to offer

comment regarding a defendant's bail conditions at the

time that bail conditions are imposed or at any

subsequent proceeding where bail conditions may be

modified. The following apply:

(A) Nothing in this subparagraph shall be

construed to preclude the prosecutor or arresting

officer from presenting an offer of proof or colloquy

in lieu of testimony by the victim.

(B) This subparagraph applies to the following

offenses:

(I) A personal injury crime.

(II) A crime of violence, as defined in 42

Pa.C.S. § 9714(g) (relating to sentences for

second and subsequent offenses).

(III) An offense under 18 Pa.C.S. § 6312

(relating to sexual abuse of children).

(IV) An offense under 18 Pa.C.S. § 6320

(relating to sexual exploitation of children).

* * *

Section 2. This act shall take effect in 120 180 days.

20210HB2039PN3323 - 3 -

<--<--